Journal of the Florida House of Representatives

Journal
of the

Florida

House of Representatives

Ninety-seventh
Regular Session
since Statehood in 1845

March 7 through May 11, 1995

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

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

Stan Bainter (R)
Eustis
District 25

Elaine Bloom (D)
Miami Beach
District 106

Bob Brooks (R)
Winter Park
District 35

William F. "Bill" Andrews (R)
Delray Beach
District 87

Randy John Ball (R)
Mims
District 29

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

Shirley Brown (D)
Sarasota
District 69

Joseph "Joe" Arnall (R)
Jacksonville Beach
District 18

Bruno A. Barreiro (R)
Miami Beach
District 107

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

Larcenia J. Bullard (D)
Miami
District 118

J. Keith Arnold (D)
Fort Myers
District 73

Annie Betancourt (D)
Miami
District 116

Mary Brennan (D)
Pinellas Park
District 51

Jerrold "Jerry" Burroughs (R)
Cantonment
District 1

Jack Ascherl (D)
New Smyrna Beach
District 28

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

Irlo "Bud" Bronson (D)
Kissimmee
District 79

James Bush III (D)
Miami
District 109

Robert K. "Bob" Casey, M.D. (R) Cynthia Moore Chestnut (D)
Gaines\ille 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)
Temple Terrace
District 60

Faye B. Culp (R)
Tampa
District 57

Jim Davis (D)
Tampa
District 56

Muriel "Mandy" Dawson (D) Willye F. Clayton Dennis (D) Alex Diaz de la Portilla (R)
Fort Lauderdale Jacksonville Westchester
District 93 District 15 District 115

Lori Edwards (D)
Auburndale
District 65

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

Mike Fasano (R)
New Port Richey
District 45

Steven B. Feren (D)
Sunrise
District 98

Mark G. Flanagan (R)
Bradenton
District 68

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

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

Howard E. Futch (R)
Melbourne Beach
District 30

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

Steven A. Geller (D) Harry C. Goode, Jr. (D)
Hallandale Melbourne
District 101 District 31

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

Addie L. Greene (D)
Mangonia Park
District 84

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

Larry Crow (R)
Palm Harbor
District 49

Greg Gay (R)
Cape Coral
District 74

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

- --- ,R

Mark R. Ogles (R)
Bradenton
District 67

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

Durell Peaden, Jr. (D)
Crestview
District 5

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

Vernon Peeples (D)
Punta Gorda
District 72

John Morroni (R) Luis C. Morse (R)
Clearwater Miami
District 50 District 113

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

Jorge Rodriguez-Chomat (R)
Miami
District 114

Dean P. Saunders (D)
Lakeland
District 63

:. ..:I i

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

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

Tracy Stafford (D)
Wilton Manors
District 92

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

Bill Sublette (R)
Orlando
District 40

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

John Thrasher (R)
Orange Park
District 19

Jack N. Tobin (D)
Margate
District 95

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

Allen Trovillion (R)
Winter Park
District 36

Marjorie R. Turnbull (D)
Tallahassee
District 9

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

Carlos L. Valdes (R)
Miami
District 111

J. Alex Villalobos (R)
Miami
District 112

Peter Rudy Wallace (D)
St. Petersburg
District 52

...... .....

Debbie Wasserman Schultz (D)
Davie
District 97

Daniel Webster (R)
Orlando
District 41

Stephen R. Wise (R)
Jacksonville
District 13

Earl Ziebarth (R)
DeLand
District 26

Rob Wallace (R)
Tampa
District 47

Tom Warner (R)
Stuart
District 82

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SThe Journal OFTHE

House of Representatives

Number 1

Tuesday, March 7, 1995

Journal of the House of Representatives for the 97th Regular Session since Statehood in 1845, convened under the
Constitution of 1968, begun and held at the Capitol in the City of Tallahassee in the State of Florida, on Tuesday, March 7,
1995, being the day fixed by the Constitution for the purpose.

This being the day fixed by the Constitution for the convening of the
Legislature, the Members of the House of Representatives met in the
Chamber at 9:30 a.m. for the beginning of the 97th Regular Session and
were called to order by the Speaker, the Honorable Peter R. Wallace.

Prayer
The following prayer was offered by the Reverend Hal Marchman of
Astor:
For this great day, for these, the leaders of our great state, we pray. And
we pray that you will give us your spirit that will help us to deal with our
successes and failures of yesterday, and help us to deal with the fears and
the tensions of tomorrow. We need your spirit of truth as we live this day.
Shalom and Amen.
The following Members were recorded present:

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, R.
Warner
Wasserman Schultz
Webster
Wise
Ziebarth

A quorum was present.

Pledge
The Members pledged allegiance to the Flag, led by Charles H.
Cuthbertson, Florida State Legislative Representatives, Non-
Commissioned Officers Association; Col. Joseph E. Cahill, United States
Air Force (Ret.), Tallahassee Chapter of The Retired Officers Association
Past President; Chief Master Sergeant John Schmidt, Jr., United States
Air Force (Ret.) Air Force Association; George H. Carter, Disabled
American Veterans Department of Florida Inc. Legislative Committee
Chairman; Walter Chambers, American Legion, Western Area
Commander; Cleve Geer, AMVETS Department Commander; Bill
Hickman, Disabled American Veterans State Commander.

House Physician

The Speaker presented the Honorable Durell Peaden, Jr., of Crestview,
who served as Doctor of the Day.

Presentation of Former Speakers
The Speaker presented the following former Speakers who were present
today at his invitation: the Honorable Doyle E. Conner, the Honorable
Mallory E. Home, the Honorable Ralph D. Turlington, the Honorable
Richard A. Pettigrew, the Honorable Donald L. Tucker, the Honorable
Ralph H. Haben, Jr., the Honorable H. Lee Moffitt, the Honorable Tom
Gustafson, the Honorable T. K. Wetherell, and the Honorable Bolley L.
Johnson.
The Journal
The Journal of November 22, 1994, Organization Session, was corrected
and approved as corrected.

Communications
Governor Lawton Chiles advised that he desired to address the
Legislature in Joint Session today.
Certificate of Judicial Manpower
The following Certificate of Judicial Manpower was received:
No. 85,196
In Re: CERTIFICATION OF NEED FOR ADDITIONAL JUDGES
[February 28, 1995]
GRIMES, C.J.
Under the provisions of article V, section 9, of the Florida Constitution,
the Florida Supreme Court is responsible for determining the need for an
increase or decrease in the number of judges required to consider and
dispose of cases filed before the respective courts. To this end, we have
analyzed case filings and evaluated the growth in the workload of the State
Courts System over the past several years.

1

The Chair
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

_ __ __ ___

JOURNAL OF THE HOUSE OF REPRESENTATIVES

As a result of this review, we certify the need for thirteen circuit court Criminal filings were up in 1994 for the first time since 1989, and the
judges, two county court judges, and no additional appellate court judges, gradual increase in this category is forecast to continue in 1995. Juvenile
A comparison of the requests for new judges filed by the respective trial filings increased sharply in 1994, and 1995 juvenile filings are expected to
courts and the new judges certified as needed for fiscal year 1995-96 be 13.5% above the 1993 level. The most significant growth continues to
follows: be in domestic and repeat violence case filings. This category of cases has
increased 401% since 1986. A total of 57,311 domestic and repeat violence
CIRCUIT COURT COUNTY COURT cases were filed in 1994. Family law cases have grown by an average of 7.7%
per year over the same period. In only the general civil and probate
Circuit Request Certified County Request Certified categories are case filings projected to remain at or near the same level.
Fourth 1 In addition to the growth in the number of filings in the criminal,
Fifth 1 1 Lake 1 juvenile, and domestic violence categories, the cases in these categories are
more labor intensive than in previous years. Florida has one of the highest
Sixth 1 1 rates of violent crime in the country. As a result, the cases being filed in
Seventh 1 1 Florida's criminal courts are increasingly complex and involve more serious
E h 1 offenses. Judges report expanding motion practice and longer trials. At the
h 1 same time, the trial capacity of the criminal courts has remained relatively
Ninth 4 3 Orange 1 constant. Only 3.1% of the dispositions in Florida's circuit criminal courts
rTn+h 1 1 are by jury trial.

Eleventh 4 2 Dade
Thirteenth 1

Fourteenth 1

1

Seventeenth 3 1 Broward

Eighteenth
Twentieth
Totals

1

1

1 1
21 13 Totals

3

2

7

The criteria for certification of the need for additional judges in the
district courts of appeal are set forth in rule 2.035(b)(2), Florida Rules of
Judicial Administration. The Court did not receive any requests for
additional judges from any of these courts, despite the fact that Florida's
intermediate appellate courts all exceed the established threshold of 250
appellate filings per judge.
The district courts of appeal have addressed workload pressures by
improving internal operating procedures, using central legal research staff,
relying on a full range of computerized applications, and assigning senior
judges on a temporary basis. We are heartened by their efforts and further
encourage these courts to develop alternative and creative means to
efficiently and fairly hear the cases brought before them. One such means
proposed for use in the First District Court of Appeal this year is the
appellate pre-briefing conference program, involving mediation and case
management. We recommend that the Florida Legislature fund this
program as well as increase the funds for temporary assignment of senior
judges, since both alternatives are less expensive than adding more
appellate judgeships. Based upon the lack of requests, we do not certify any
additional judicial positions for the district courts of appeal.
The criteria for certification of the need for judges in the trial courts are
set forth in rule 2.035(b)(1), Florida Rules of Judicial Administration. As
with past certification orders, we have placed the greatest weight on
statistical data reflecting the growth and composition of caseloads in the
various circuits and counties. We have determined that the most consistent
and reliable measure of workload at the trial court level is total case filings
per judge.
In addition to those factors prescribed in rule 2.035, Florida Rules of
Judicial Administration, other criteria we considered included the
availability and manner of employment of supplemental hearing resources
furnished by the counties (civil traffic infraction hearing officers, child
support enforcement hearing officers, and general or special masters); the
use of county and senior judges on temporary assignment; reliance on
mediation and arbitration to resolve cases; and special local circumstances
that affect case handling.
We find it necessary to certify thirteen new circuit court judges for fiscal
year 1995-96: one additional circuit court judge each for the Fifth, Sixth,
Seventh, Tenth, Fourteenth, Seventeenth, Eighteenth, and Twentieth
judicial circuits; two additional circuit court judges for the Eleventh
Judicial Circuit; and three additional circuit court judges for the Ninth
Judicial Circuit.
While the circuit courts experienced a relatively flat level of filings from
1991 through 1993, 1994 yielded increases in almost every category of case.

In the past, when a court had or was projected to have 1,865 circuit filings
per judge, this Court determined there was a presumptive need for
additional judicial resources. Courts at this level of filings were deemed to
be working above capacity. Indeed, changes in the law in recent years which
necessitated more hearings for various types of cases, mandated priority
handling for certain matters, and required judges to render written
findings of fact and conclusions of law have made the cases more involved
and labor intensive than when the 1,865 filings per judge threshold was
adopted in 1986. Thus, we have been compelled to give careful
consideration to the necessity for additional judgeships not only for courts
near or above the threshold, but also for courts that are marginally below
the standard as well. The certification of need for additional judges for the
Sixth, Eleventh, Seventeenth, and Eighteenth judicial circuits, which fall
in the latter category, were based on examination of the mix of cases,
pending case inventories, dispositional data, geographical constraints, and
related factors unique to each requesting court.
The Court gave the request of the Eleventh Judicial Circuit a
particularly close review because of the number of judges requested and the
fact that the 1995 forecast of case filings for that circuit is somewhat below
the threshold. Much of our attention focused on the criminal divisions of
that circuit which were said to be in need of substantial assistance. Both
the Attorney General and the State Attorney for the Eleventh Judicial
Circuit have asserted that the shortage of circuit judges to handle criminal
trials has caused a backlog in the prosecution of major criminal cases.
Because several views on the extent of need for additional judges had
been expressed to the Court, the Chief Justice and the State Courts
Administrator met with the judicial leadership and staff of the Eleventh
Judicial Circuit. Supplemental data was reviewed, including information
on the crime problem in Dade County; the workload, organization, and
operating procedures of the criminal division; the extent and impact of
foreign language interpreters; the allocation of judges among other
divisions of the circuit court; and resource and other issues related to the
impact of law enforcement, prosecution, and criminal defense functions on
the court. While we were informed there was a serious shortage of judges,
we were also advised that it was likely that the backlog could be
significantly reduced if temporary judicial help could be made available.
As a consequence of this discussion, we have already authorized additional
senior judge days for specific assignment to the criminal division in the
Eleventh Judicial Circuit as a component for the criminal court strike force
for the period of March 1, 1995, through June 30, 1995.
We have concluded to certify the need for two permanent judgeships at
this time. However, we strongly recommend that the Legislature
substantially increase our allotment of senior judge days in order that we
can continue this strike force concept in the next fiscal year. The State
Courts System will file a supplemental budget request which will allow the
assignment of the equivalent of between two and three additional full-time
senior judges to the Dade County criminal division for up to a year.
The Court views the employment of the criminal case strike force
concept as experimental. However, we believe it to be a less expensive
response to what may only be a temporary problem. The supplemental
budget request for strike force resources, which will include senior judges
and necessary support staff, would also permit its extension to one or two
other circuits that may have particular problems with criminal dockets.

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Through the employment of two new judges and the additional senior
judges, together with the reassignment of judges from other divisions or the
county court as may be deemed advisable to maximize the court's response
to its needs in the criminal area, we are hopeful that much of the current
workload pressure will be eliminated. Needless to say, we will continue to
analyze the needs of the Eleventh Judicial Circuit in the 1996 certification
process.
As in circuit court, the 1994 caseloads in the county courts increased,
reversing a four-year downward trend. This is largely attributable to
modest growth in criminal and civil filings. Criminal traffic filings were up
slightly, as were DUI filings.
In evaluating the need for additional county court judges, we relied
principally on case filings data that were adjusted to include only criminal,
civil, DUI, and other criminal traffic cases. As in the past, worthless check
cases and civil traffic infractions were weighted less heavily because of their
limited requirements for judicial time, the diversion of large numbers of
worthless check cases in selected circuits, and the variability and volume
of such cases reported from county to county. Similar to the application
of the circuit court threshold, we have applied the same methodology to
county courts. County courts with caseload forecasts near or exceeding
6,114 filings per judge are presumed to be operating at or above capacity.
All of the counties for which a certification of need is made are projected
to exceed the 6,114 threshold.
It is clear to this Court that adding judges alone will not ensure increased
efficiency in the Florida State Courts System. This conclusion is supported
by our evaluation of judicial workload in the twenty judicial circuits, the
circumstances in the Eleventh Judicial Circuit, and the initial progress of
our family court initiative. Judges cannot efficiently and effectively
manage caseloads without the benefit of adequate, trained support staff.
The availability of law clerks, case managers, and other support personnel,
as well as automation and other resources, are essential to the ability of
Florida's courts to effectively address caseload pressures on a continuing
basis. We urge the Florida Legislature to provide the Judicial Branch with
the resources necessary to carry out its constitutional function.
Full funding of the requests certified in this opinion is absolutely
essential if Florida's courts are to fulfill their constitutional mandate to try
cases in a fair, impartial, and timely manner. Moreover, the Florida
Legislature is encouraged to authorize the judgeships certified as necessary
herein, effective September 1, 1995, in order that the new judges are
available as soon as possible.
It is so ordered.
OVERTON, SHAW, KOGAN, HARDING, WELLS and INSTEAD, JJ.,
concur.
Original Proceeding Certification of Need for Additional Judges
Vetoed Bills
The following veto message was received:
The Honorable Peter Rudy Wallace March 3, 1995
Speaker, House of Representatives
Dear Mr. Speaker:
In compliance with the provisions of Article III, Section 8(b) of the State
Constitution, I am transmitting to you for consideration of the House the
following bill, 1994 Regular Session, with the Governor's objections
attached thereto:
House Bill No. 2221 (Chapter 94-357, Laws of Florida).
We understand that the original law will be returned to this office following
any legislative action which may be taken on the vetoed portions.
Sincerely,
Sandra B. Mortham
Secretary of State

June 16, 1994

The Honorable Jim Smith
Secretary of State

Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the provisions
of Article III, Section 8, of the Constitution of the State of Florida, I do
hereby withhold my approval of portions of House Bill 2221, enacted
during the 96th Session of the Legislature since Statehood in 1845, during
the Regular Session of 1994, and entitled:

March 7, 1995

is hereby vetoed. The Department of Agriculture and Consumer Services
was directed by the 1991 Legislature to establish a European marketing
assessment to eliminate the need for future General Revenue funding.
Legislative intent stated that the 1991 appropriation was the last year for
General Revenue funds.

E OF REPRESENTATIVES 3

"An act making appropriations; providing moneys for the annual
period beginning July 1, 1994, and ending June 30, 1995, to pay
salaries, and other expenses, capital outlay buildings, and other
improvements, and for other specified purposes of the various agencies
of State government; providing an effective date."
I have reviewed House Bill 2221, the General Appropriations Act. In large
measure, it follows the recommendations I made to the Legislature last
December. It focuses on programs that address Florida's most crucial needs
including, the incarceration of violent offenders, detention and
rehabilitation of young offenders, improved education and the accessibility
of health care services. It does so, as I recommended, without new taxes.
In December, I recommended that we build space for more than 14,000
additional prisoners next year and more than 33,000 spaces over five years.
This budget acts on those recommendations and continues my
recommended Safe Streets initiative. It funds a construction plan that will
create space to lock up another 17,033 inmates. We can now be sure that
the early release program will be eliminated entirely next year.
This budget also takes significant steps towards building a juvenile justice
system that will provide the foundation for a safer Florida, now and in the
years to come. It funds my recommendations for mental health and
substance abuse services. It provides much needed money for the detention
and commitment of over 2,000 juveniles, including for the first time
juvenile academies. Perhaps as important, it begins the funding of my
proposed Children's Lifeline which emphasizes responsible support for
those who need it as a way of preventing problems before they occur.
My Budget Recommendations aimed to make Florida's schools a safer
place, more responsive to local concerns, and better equipped to handle the
demands of an increasingly complex world. The Legislature has acted on
each of these priorities. This budget provides funds for additional security
purposes as part of the Safe Schools/Safe streets package and puts
increased emphasis on school technology as determined by the school
advisory councils.
The Legislature has also continued the State's commitment to the
environment. It provides funding for the fifth series of Preservation 2000
Land Acquisition bonds, the State's unprecedented initiative to preserve
its natural heritage. It continues the funding for Surface Water
Improvement to assist water management districts in their effort to clean
and maintain the State's water bodies. It provides much needed assistance
to beach renourishment efforts.
In short, this budget accomplishes much for Florida. It has done so in a
responsible manner. While funding expanded efforts in areas such as
corrections and education, it also implemented my recommendations to
eliminate hundreds of positions that were no longer needed in State
government. It continues and expands the use of private sector contracts
to provide services as inexpensively as possible. It funds a number of efforts
that will improve the efficiency of our operations, ranging from the
provision of a Statewide Innovation Fund and improved uses of technology
to the transfer of Child Support Enforcement to the Department of
Revenue.
For all its merits, however, this budget falls short in a number of areas. I
am exercising my constitutional right to line-item veto those portions.
Proviso language following Specific Appropriation 105, on page 17
appropriating $400,000 from the General Revenue Fund for Viticulture
promotion is hereby vetoed. General revenue support for the program did
not go through the normal legislative budget process and would serve only
a specialized segment of the agriculture industry. Funding this project
would circumvent the review procedure for determining the need for State
funds. This could set a precedent for large public expenditures to private
industries without sufficient evidence that such expenditures would
successfully contribute to their economic improvement.
"From General Revenue funds in Specific Appropriation 105,
allocations are to be made in equal amounts to certified Florida farm
wineries for the marketing and promotion of Florida wines and grape
products pursuant to Chapter 599.004, Florida Statutes."
Specific Appropriation llOB on page 18 appropriating $300,000 from the
General Revenue Fund for International Market Ornamental Horticulture

JOURNAL OF THE HOUSE OF REPRESENTATIVES

"110B SPECIAL CATEGORIES
GRANTS AND AIDS INTERNATIONAL MARKET
ORNAMENTAL HORTICULTURE
FROM GENERAL REVENUE FUND....... $300,000"
I hereby veto proviso language following Specific Appropriation 399 on
page 53 appropriating $100,000 from the General Revenue Fund. This item
did not go through the normal legislative budget request process. The
College Reach Out program is designed to encourage disadvantaged middle
school and high school students to attend college. The proviso language
establishes a program, however well-intended, unrelated to this purpose.
As important, the prospects of the program established by the proviso
language have not been thoroughly analyzed.
"From the funds provided in Specific Appropriation 399, $100,000
shall be provided to the Office of Business and Citizen Partnerships
to produce, capitalize and distribute a series of educational materials,
including videos, pamphlets, teaching guides and other forms of
medium, to be utilized in the school districts of Florida for the purpose
of educating the state's school children at levels K-9 to deter them
from becoming participants in the juvenile justice system. Such funds
shall be administered by the Office of Business and Citizen
Partnerships within the Department of Education and shall be
matched on a one to one basis by private monetary or in-kind
donations. The Office shall contract with a private or non-profit entity
to secure such private dollars, and shall assist to identify other
privately provided resources for the production and distribution of the
educational tools. Excess proceeds, if any, from this effort shall
initially be utilized to reimburse the State for its contribution and any
remaining proceeds thereafter shall be used for a grant program
administered by the Office of Business and Citizen Partnerships to
qualified organizations throughout the state to support their
respective crime prevention programs."
Specific Appropriation 475B on page 70 appropriating $205,000 from the
General Revenue Fund to establish an institute at Edward Waters College
to promote the diversity and contributions of African-Americans to the
historical, cultural, and industrial growth of the City of Jacksonville is
hereby vetoed. This item was not in the agency budget request. This
appropriation is inconsistent with current policy not to create state
supported institutes at private postsecondary institutions.
"475B SPECIAL CATEGORIES
GRANTS AND AIDS AFRICAN AMERICAN
CULTURAL INSTITUTE
FROM GENERAL REVENUE FUND. ...... $205,000"
I hereby veto portions of proviso language following appropriation 574A on
page 102 appropriating $141,000 from the General Revenue Fund to
provide funding for the Center for Employee Relations and Law. This item
did not go through the appropriate legislative budget request process.
Funding for this Center was eliminated by Florida State University in
1993-94 as part of a legislative policy to reduce funding to lower priority
Institutes and Centers. This policy should be continued pending a
comprehensive evaluation by the Board of Regents.
"4. $141,000 for the Center for Employee Relations & Law"
I hereby veto portions of proviso language following appropriation 574A on
page 103 appropriating $200,000 from the General Revenue Fund to
provide funding for the Building Construction Research and Continuing
Education Program. This item did not go through the appropriate
legislative budget request process. Pursuant to Section 489.109(3), Florida
Statutes, this program was established as a self-supporting educational
program directed specifically to research or continuing education related
to the building construction industry. A user fee is authorized in statute
for this purpose and adjustments in funding for this program are more
appropriately handled by revisions to the fee structure. Such fees are the
appropriate source of funding for this program and not General Revenue.
"17. $200,000 for the Building Construction
Research and Continuing Education Program"
Specific Appropriation 663A and the associated proviso language on pages
125 and 126 appropriating $500,000 from the Pollution Recovery Trust
Fund for Mosquito Research are hereby vetoed. This appropriation was
not included in the agency's legislative budget request. Despite the value
of mosquito research, the Pollution Recovery Trust Fund is an

inappropriate funding source. The purpose of this fund is to provide a
source of revenue for environmental restoration and mitigation projects.

"663A SPECIAL CATEGORIES
GRANTS AND AIDS MOSQUITO RESEARCH
FROM POLLUTION RECOVERY TRUST
FUND .............................. $500,000"
Funds in Specific Appropriation 663A shall be divided equally
between the Florida Agricultural and Mechanical University, John
Mulrennan Sr. Laboratory and the University of Florida/IFAS,
Florida Medical Entomology Laboratory for the purpose of conducting
research into mosquito and arthropod control. Up to 20% of these
funds may be subcontracted to other qualified research entities.
Research projects conducted with these monies shall be directed
towards practical mosquito and biting arthropod control to assist local
governments providing such control to examine and improve pesticide
usage and explore biological controls and other alternatives to
pesticide use. Research shall be guided by a seven member research
advisory committee appointed by the Commissioner of Agriculture
and Consumer Services which shall include representatives of the two
laboratories, at least two local mosquito control programs, and the
Bureau of Entomology, Department of Agriculture and Consumer
Services. For the purpose of contract administration, the Executive
Office of the Governor may transfer this appropriation to the
Department of Agriculture and Consumer Services."
Specific Appropriation 1888 and accompanying proviso on page 290
appropriating $5,314,602 from the General Revenue Fund for transfer to
the Local Government Half Cent Sales Tax Clearing Trust Fund are
hereby vetoed. Proviso states that if HB 2047 becomes law, this
appropriation will be placed in reserve. HB 2047 became law, Chapter
94-245, making this appropriation unnecessary. The new law provides for
distribution directly from the General Revenue Fund to local governments,
which eliminates the need for an appropriation to the Clearing Trust Fund.
"1888 SPECIAL CATEGORIES
TRANSFER TO LOCAL GOVERNMENT HALF CENT
SALES TAX CLEARING TRUST FUND
FROM GENERAL REVENUE FUND ..... $5,314,602"
Contingent upon HB 2047 or similar legislation becoming law, the
Executive Office of the Governor shall place funds in Specific
Appropriation 1888 in reserve."
Specific Appropriation 2016A on page 334 appropriating $292,546 from the
Supervision Trust Fund for the West Palm Beach Regional Service Center
is hereby vetoed. The Department of Management Services will be able to
begin planning and design for the service center from an existing
appropriation. This additional appropriation is unnecessary and is funded
from an inappropriate funding source that could have a negative impact
on statewide rent payments and bonding requirements.
"2016A FIXED CAPITAL OUTLAY
WEST PALM BEACH REGIONAL SERVICE CENTER
FROM SUPERVISION TRUST FUND. ..... $292,546"
I hereby veto a portion of proviso language following Appropriation 2069
on page 345 appropriating $112,500 from the Hurricane Andrew Recovery
and Rebuilding Trust Fund to establish a permanent vocational training
and job placement service at Garces Commercial College. Hurricane
Andrew Recovery and Rebuilding Trust Funds are non-recurring and
inappropriate to begin a new program. This use of non-recurring dollars to
establish a program is inconsistent with current policy not to create state
supported programs at private postsecondary institutions.
"Garces Commercial College ....................... $112,500"
I hereby veto portions of proviso language following Specific Appropriation
2071 on page 348 appropriating $150,000 from the Hurricane Andrew
Recovery and Rebuilding Trust Fund for the City of Coral Gables. While
the city's proposal to equip the War Memorial Youth Center with
hurricane shutters allowing it to serve as a post-hurricane emergency and
distribution center has merit, this project is to mitigate damages from
future disasters and is not directly associated with relief, recovery or
rebuilding resulting from Hurricane Andrew.
"Coral Gables, City of .................. .... . . . $150,000"
I hereby veto portions of proviso language following Appropriation 2071 on
page 349 appropriating $90,360 from the Hurricane Andrew Recovery and

Rebuilding Trust Fund for the City of Miami. The city estimated damages
to Monty Trainer's Marina at $820,000 and received an appropriation in

4

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

this amount during FY 1993-94. This request for additional funding due
to cost overruns is not a high priority in comparison with the other needs
of those in the hurricane affected area. In addition, this facility is utilized
by a commercial, for-profit enterprise which generates revenue for the city,
which will help the city recoup these additional costs.
"Miami, City of .................................. $90,360"
I hereby veto portions of proviso language following Appropriation 2071 on
page 349 appropriating $50,000 to the City of Virginia Gardens from the
Hurricane Andrew Recovery and Rebuilding Trust Fund for small city
assistance. Officials from the City of Virginia Gardens did not request this
appropriation and have indicated that they do not want to apply for these
funds.
"Virginia Gardens, City of ................... ..... $50,000"
I hereby veto a portion of proviso language following appropriation 2071
on page 349 appropriating $270,000 from the Hurricane Andrew Recovery
and Rebuilding Trust Fund to establish an academic program contract in
motion pictures at the University of Miami School of Communication.
Hurricane Andrew Recovery and Rebuilding Trust Funds are non-
recurring and inappropriate to begin a new program. This use of non-
recurring dollars to establish a program is inconsistent with current policy
not to create state supported programs at private postsecondary
institutions.
"University of Miami School of Comm. .............. $270,000"
The portions of House Bill 2221 which are set forth herein with my
objections are hereby vetoed, and all other portions of House Bill 2221 are
hereby approved.
Sincerely,
LAWTON CHILES
Governor

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

By Representatives Mackenzie and Boyd-
HCR 1-Org.-A concurrent resolution providing that the House of
Representatives and Senate convene in joint session for the purpose of
receiving a message from the Governor.
WHEREAS, His Excellency, Governor Lawton Chiles, has expressed a
desire to address the Legislature in Joint Session; NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida, the
Senate Concurring:
That the House of Representatives and the Senate convene in Joint
Session in the chamber of the House of Representatives at 11:00 a.m. this
day, March 7, 1995, for the purpose of receiving the message of the
Governor.
-was read the first time by title. On motion by Rep. Mackenzie, the
rules were waived and the concurrent resolution was read the second time
by title. On motion by Rep. Mackenzie, the concurrent resolution was
adopted and, under the rule, immediately certified to the Senate.

Reports of the Committee on Rules & Calendar
Special Order Calendar

The Honorable Peter Rudy Wallace
Speaker, House of Representatives

March 6, 1995

Dear Sir:
Your Committee on Rules & Calendar herewith submits as the Special and
Continuing Order Calendar under Rule 8.15 beginning Tuesday, March 7,
and Wednesday, March 8, 1995 the following bills. Consideration of the
House bills on Special Order shall include the Senate companion measures
on the House Calendar.
HB 719-Fla. Hurricane Catastrophe Fund
HB 257-Spaceport Florida Authority/OGSR
HB 259-Board of Executive Clemency/OGSR
HB 261-High-speed Rail Records/DOT/OGSR
HB 263-Nonprofit Corporations/OGSR
HB 265-Health Records of Veterans/OGSR

HB 267-Booking Business Records/OGSR
HB 271-Lobbyists Confidentiality/OGSR
HB 273-Drug-Free Workplace Programs/OGSR
HB 279-State Lottery/OGSR
HB 281-Constructive Youth Prog./OGSR
HB 283-Enterprise Fla. Innovation/OGSR
HB 285-Hazardous Materials/OGSR
HB 287-DOT Trade Secret Info/OGSR
HB 289-Insurance/Small Employer/OGSR
HB 291-Motor Fuel Marketing/OGSR
HB 293-Magnetic Levitation Demo./OGSR
HB 295-Historic Preservation/Donors/OGSR
HB 317-Child Care Personnel/OGSR
HB 319-Donors/Direct-support Org./OGSR
HB 323-Nursing Home Residents/OGSR
HB 997-Child Support Clearing TF/DOR
HB 999-Child Support Incentive TF/DOR
HB 1001-Grants & Donations TF/PSC
HB 1003-Trust Funds
HB 1005-Trust Funds/Banking & Finance/DOR
HB 1051-Ecosystem Mgmt. & Restoration TF
HB 1053-Trust Funds/DEP
HB 1055-DEP Trust Funds/Exempt/Termination
HB 1133-State Student Financial Assist. TF
HB 1135-Education & General Student TF/DOE
HB 1137-Education-Contracts/Grants/TF
HB 1139-Ancillary Fac. Construction TF/DOE
HB 1141-UF Health Center Operations TF/DOE
HB 1143-Trust Funds/DOE
HB 1145-Trust Funds/DOE
HB 513-G&FWFC/Support Organizations/OGSR
HB 515-Foundation for Vocational Rehab/OGSR
HB 521-Prepaid Postsecondary Education/OGSR
HB 523-Community College Support Org./OGSR
HB 525-DOE/Dropout & Graduation Rates/OGSR
HB 531-Audited Financial Statements/OGSR
HB 535-Educ. Success Incentive Prog./OGSR
HB 607-Educators Recovery Network/OGSR
Respectfully submitted,
F. Allen Boyd, Jr. Anne Mackenzie
Co-Chair Co-Chair
On motion by Reps. Boyd and Webster, the rules were waived and the
above report was adopted.

Amendments to House Rules

The Honorable Peter Rudy Wallace
Speaker, House of Representatives

March 6, 1995

Sir:
Your Committee on Rules & Calendar recommends the adoption of the
attached amendments to the Rules of the House of Representatives.
A quorum of the Committee was present in person, and a majority of those
present agreed to the above Report.
Respectfully submitted,

F. Allen Boyd, Jr.
Co-Chair

Anne Mackenzie
Co-Chair

That the Rules of the House of Representatives adopted for and during
the Organization Session 1994 shall govern the House for the Regular
Session 1995 and thereafter with the following specific exceptions:
Section 1. Rule 1.6, Rules of the Florida House of Representatives, is
amended to read:

1.6Dismissal of Employees
Dismissal of Employees

at- Arm; Employment, Compensation and

The Speaker shall, with the dv.ice.. and ..n.nt of thc Membera,
designate the Sergeant at Arms. The Speaker shall employ all employees
of the House and shall determine their qualifications, hours of work, and
compensation, including leave, perquisites and other benefits. The Speaker
shall have the right to dismiss any employee of the House and the pay of
such employee shall stop on the day of dismissal.
Section 2. Rule 1.9, Rules of the Florida House of Representatives, is
repealed:

F.,JL 54wItFU aljL

March 7, 1995

5

JOURNAL OF THE HOUSE OF REPRESENTATIVES

1.9 Per-sona& Use of Long distance Lines P .rohibited
Long distan lines hall not be used by empleycis for personal purpo...
and any mploye usingC a long distance line for ouch purposes shall be
subject to immediate dismissal.
Section 3. Subsection (f) of Rule 1.12, Rules of the Florida House of
Representatives, is amended to read:
1.12-Legislative Records: Maintenance, Control, Destruction, Disposal
and Disposition
(f) Whenever necessary, but no more often than annually nor less
often than biennially, the Speaker, Speaker pro tempore, Majority Leader,
Minority Leader and Clerk, and each committee secretary, may transfer
such legislative records which are required by these Rules to be created,
which are of vital, permanent or archival value, which are not needed in
the transaction of current business, or which have sufficient
administrative, legal or fiscal significance to warrant their retention, to the
Legislative Library Division of the Joint Legislative Management
Committee for transfer to the Division of Library and Information Services
of the Department of State for retention in accordance with law.
Section 4. Rule 2.4, Rules of the Florida House of Representatives, is
amended to read:
2.4-Speaker's Signature to Acts, Warrants, etc.; Decision of Questions
of Order Subject to Appeal; and Approval of Legal Proceedings
(a) The Speaker shall sign all acts, joint resolutions, concurrent
resolutions, resolutions, memorials, writs, subpoenas, vouchers for
expenditures chargeable to the House, contracts binding on the House, or
other papers issued by the House. The Speaker may delegate the
authority to sign matters of an administrative nature. The Speaker shall,
however, be responsible for authorized actions by the Speaker's agent.
(b) The Speaker shall decide all questions of order subject to an appeal
by any Member. The Speaker may require the Member raising a point of
order to cite the rule or other authority in support of the question. Upon
appeal, no Member (except the Member making the appeal) shall speak
more than once, save by permission of the House. The Member making the
appeal shall have the right to speak five minutes in closing the debate.
(c) The Speaker or the Committee on Rules & Calendar may authorize
counsel to initiate, defend, intervene in, or otherwise participate in any suit
on behalf of the House, a committee of the House, a Member of the House
(whether in the legal capacity of Member or taxpayer), a former Member
of the House, or an officer or employee of the House, when such suit is
determined by the Speaker to be of significant interest to the House and
when it is determined by the Speaker that the interests of the House would
not otherwise be adequately represented. Expenses incurred for legal
services in such proceedings may be paid upon approval of the Speaker.
Section 5. Rule 2.6, Rules of the Florida House of Representatives, is
amended to read:
2.6-Speaker pro tempore
The Speaker shall have the right to name any Member to perform the
duties of the Chair, but such substitution shall not extend beyond one
legislative day. In the Speaker's absence and omission to make such
appointment, the Speaker pro tempore shall act during the Speaker's
absence. In the event of an interim vacancy of the office of Speaker,
through death or resignation, or in the event of disability of the Speaker,
the Speaker pro tempore and Asuh other officero ao arc listed in Section
11.15(3 ), F., shall temporarily -an for the period of vacancy or disability
exercise the authority of the Speaker conduct tho necessary business of

Section 6. Rule 3.1, Rules of the Florida House of Representatives, is
amended to read:
3.1-Clerk's Duties at Organization
The Clerk of the preceding session shall, at the beginning of the
Organization Session of the Legislature, call the Members to order, proceed
to call the roll of Members by districts in numerical order, and pending the
election of a Speaker or Speaker pro tempore, preserve order and decorum,
and decide all questions of order subject to appeal by any Member. The
duties of this section may be delegated by the Clerk to any Member or, with
the permission of the House, to a former Member.

Section 7. Rule 3.2, Rules of the Florida House of Representatives, is
amended to read:

_ _

reasonably possible. Upon receipt of the committee report, the House shall
with all dispatch, by a majority vote, determine the contest.

6

-Ir T-

3.2-Duties Generally; Keeps Journal
The Clerk shall cause to be kept a correct Journal of the proceedings of
the House, and this Journal shall be numbered serially from the first day
of each session of the Legislature. As Enrolling Clerk, ox officio, and as
Clerk, The Clerk of the House shall superintend the engrossing, enrolling
and transmitting of bills, resolutions and memorials; shall not permit any
records or papers belonging to the House to be taken out of the Clerk's
custody other than in the regular course of business and only then upon
receipt; and shall report any missing papers to the Speaker. All such
records in the custody of the Clerk shall be available for public inspection.
Section 8. Rule 3.6, Rules of the Florida House of Representatives, is
amended to read:
3.6-Prepares Printed Forms and Distributes Documents
The Clerk shall prepare the copy for all printed forms used by the House
in the process of considering legislation. The Clerk shall have the
responsibility for distribution of documents required by these Rules to be
originated originating in the Office of the Clerk.
Section 9. Rule 3.8, Rules of the Florida House of Representatives, is
amended to read:
3.8-Responsibility for Legal Form of Bills, etc.
The Clerk shall examine bills upon their tender for introduction to
determine whether facially supeefiially these meet the requirements of
the Constitution for the presence of the enacting or resolving clause or
provision in local bills, including local claim bills, for advertising or for
referendum; but beyond calling an apparent defect to the attention of the
sponsor, the obligation of the Clerk shall end and responsibility for legal
and constitutional correctness shall be solely that of the s ponor.
Section 10. Rule 4.3, Rules of the Florida House of Representatives, is
amended to read:
4.3-Sergeant at Arms the Custodian of Furniture, Books, and House
Property ete.
The Sergeant at Arms shall, annually, take an inventory of all the.
furniture, books, and other public property in the several committee and
other rooms under the Sergeant's charge, and report the same to the
Speaker. All property purchased with intradistrict funds is property of
the House of Representatives. The Sergeant at Arms shall, with the
approval of the Speaker, do whatever is reasonable and proper for the
expedition of the business of the House.
Section 11. Rule 4.5, Rules of the Florida House of Representatives, is
amended to read:
4.5-Designation and Supervision of Sergeant at Arms
The Speaker shall, with the advice and consent of the Members,
designate the Sergeant at Arms. The Sergeant at Arms shall be under the
direct supervision of the Speaker.
Section 12. Rule 5.2, Rules of the Florida House of Representatives, is
amended to read:
5.2-Excused Absence
The Speaker may, by written notice to the Clerk or upon written
request, excuse any Member from attendance on the House and-its
eemmittees for any stated period, and such excused absence shall be noted
on the Journal.
Section 13. Rule 5.5, Rules of the Florida House of Representatives, is
amended to read:
5.5-Contested Seat
In cases of contest for a seat in the House, notice setting forth the specific
grounds of such contest and evidence in support thereof shall be received
by the Clerk not less than five days before the organization session of the
legislature or, in the case of a special election, five days before by-the-day
en -which the next regular or special session convenes, unless the election
is during a session or less than five days before the next session, in which
case the notice must be on the next legislative day. The contest shall be
referred by the Speaker to the appropriate committee. The committee shall
hold a hearing and report its findings and recommendations as speedily as

March 7, 1995

JOURNAL OF THE HOUSE]

Section 14. Rule 5.14, Rules of the Florida House of Representatives,
is amended to read:
5.14-Compliance with Laws Statutes Relating to Ethics of Public
Officers
A Member shall scrupulously comply with the requirements of all laws
related to the ethics of public officers.
Section 15. Rule 5.17, Rules of the Florida House of Representatives,
is amended to read:
5.17-Advisory Opinions
A Member of the House, when in doubt about the applicability and
interpretation of this Rule in a particular context, may communicate the
facts of the situation to the House general counsel for an advisory opinion.
The general counsel shall issue the opinion within 10 days after receiving
the request. The advisory opinion may be relied upon by the Member
requesting the opinion. Upon request of any Member, the committee
designated by the Speaker to have responsibility for the ethical conduct
of Members may revise an advisory opinion rendered by the House
general counsel through an advisory opinion issued to the Member who
requested the opinion.
A Member of the House, when in doubt about the applicability and
interpretation of this Rule in a particular context, may shall submit in
writing the facts of the situation to the Speaker, who shall refer the issue
to a committee designated by the Speaker to have responsibility for the
ethical conduct of Members with a request for an advisory opinion to
establish the standard of public duty.
An advisory opinion shall-be rendered by the House general counsel or
committee- shall all of oaid opinion to be numbered, dated, and published
in an annual publication the Joural of the House. Advisory opinions from
the House general counsel or the committee Said -piieno shall not
identify the Member of the House seeking the opinion unless such Member
so requests.
Section 16. Rule 5.19, Rules of the Florida House of Representatives,
is amended to read:
5.19-Complaints of Violations of the Standards of Conduct; Procedure
(a) Filing of Complaints. The Chair 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 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 of the RulIe & Calendar
effc ittee 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 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 shall examine each complaint for jurisdiction and for
compliance with paragraph subseetion (a)(2) of this Rule.

March 7, 1995

(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

E OF REPRESENTATIVES 7

c. Should the chair 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 subsection eetieon (o) of this Rule.
d. Should the chair 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 shall dismiss the complaint and notify the complainant
and the respondent of such action.
e. Should the chair determine that the complaint is outside the
jurisdiction of the House, the chair shall dismiss the complaint and notify
the complainant and the respondent of such action.
f. Should the chair determine that a violation is inadvertent, technical,
or otherwise of a de minimis nature, the chair may attempt to correct or
prevent such a violation by informal means.
g. Should the chair 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 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. A copy of the letter shall be provided to
the complainant and the respondent.
(4) Withdrawal of Complaints. A complaint may be withdrawn at any
time.
(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 shall
also appoint one Member of the panel as its chair. 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 s 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.
d. adopt rules of procedure as appropriate to its needs.
(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.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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 or any other Member of the panel, by the Special Master, or by
any person authorized by law to administer oaths.
d. The panel or Special Master may require, by subpoena issued
pursuant to these Rules or otherwise, the attendance and testimony of
witnesses and the production of such books, records, correspondence,
memoranda, papers, documents, and other items as it deems necessary to
the conduct of the inquiry.
(2) Probable Cause Finding.
a. Panel Findings
1. The panel, by a recorded vote of a majority of the full panel, or the
Special Master, as appropriate, shall determine whether there is probable
cause to conclude that a violation within the jurisdiction of the panel or the
Special Master has occurred.
2. Should the panel or Special Master, as appropriate, find that
probable cause does not exist, the panel or Special Master shall dismiss the
complaint and notify the complainant and the respondent of its
determination.
3. Should the panel or Special Master, as appropriate, determine that
probable cause exists to believe that a violation occurred but that the
violation, if proven, is neither of a de minimis nature nor sufficiently
serious to justify expulsion, censure, or reprimand, the panel or Special
Master may recommend an appropriate, lesser penalty or may resolve the
complaint informally. 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 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 shall
appoint, within twenty (20) days, a Select Committee on Standards of
Official Conduct to hold hearings to determine whether or not a violation
has occurred and, if so, to 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. The chair 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 a legal advisor
to the committee. proczutor in all proz adingo conducted under thcec
Rules unless The select committee may retain retains independent counsel
pursuant to subsection (j) of this Rule to serve as prosecutor in all
proceedings conducted under these Rules.
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 subparagraph paragraph (d)(3)a.3.
e. Complainant's Rights. The complainant complaining witness is not
a party to any part of the complaint process or these proceedings. The
complainant 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 or the referee.
4. Testimony. The select committee shall may order the testimony of
witnesses to be taken under oath, in which event the oath may be
administered by the chair 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 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 zlcct committee's
staff -r 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- elect
committcc'o otaff 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 or the referee's discretion. With

March 7, 1995

8

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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 sclcct committoc'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 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
soloct committ'cc's taff or the appointed independent counsel to establish
the facts alleged by clear and convincing evidence with respect to each
count.
(e) Committee Recommended Order.
(1) Committee Deliberations. As soon as practicable, the select
committee shall consider each count contained in a statement of alleged
violation or in a complaint and findings, as the case may be. A count shall
not be proven unless at least a majority of the select committee votes for
a motion that the count has been proved. A count that is not proved shall
be considered as dismissed by the select committee.
(2) Dismissal of Complaint. After the hearing, the select committee
shall, in writing, state its findings of fact. If the select committee finds that
the respondent has not violated any of the provisions of the House Code
of Conduct, or a law, rule, regulation or other standard of conduct, it shall
order the action dismissed and shall notify the respondent and the
complainant of such action.
(3) Recommended Order.
a. Recommended Order. If the select committee finds that the
respondent has violated any of the provisions of the House Code of
Conduct, or a law, rule, regulation, or other standard of conduct, it shall,
in writing, state its findings of fact and submit a report to the House. A
copy of the report shall be sent to the respondent and the complainant and
shall be published in the House Journal.
b. Penalty. With respect to any violation with which a Member or
officer of the House is charged in a count that the select committee has
voted as proved, the select committee may recommend to the House that
the Member or officer be fined, censured, reprimanded, placed on
probation or expelled, as appropriate, or may recommend such other lesser
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 withthe 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 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 House in response to
a complaint filed under this Rule Chair of thc Rulbs & Calondar

Committoc 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 of the Committee on Rules & Calendar, a determination as to
probable cause or informal resolution of with- respect t 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;-
(4- Speaker of the House. In the event that any allegation under this
Rule considcrod or referred to the Chair of the Ruls & Calendar
Committoc or to the Soloct 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 Speaker pro tempore
Chair of the Rul s & Calendar Committce. The duties of th Chair of-the
Rulos & Calenda C t undr Co t undr this Rue C hall bc tranfcrrcd to the

(m) Collateral Actions.
Spakll be govpuruant toby Rules 5.2ar1, 5.22 tranfrrd to the 5.Ch23ir of the Rules.
Calendar Committcc.
(2) RulCommissio & Calendar QuasCommitt-JudiChair.al AgenciesIn thh Cvont that any

Jurisdiction. Should a complaint against a Member or an officer of the
allegation conidorsd or rofeorrod to tho Chair of thCo Ruls & Calendar

Commsee filed wi th a commission or qua si-judicial agency with chaiofu
committoc, tho duties of tho chair pursuant to these Rules sh-hall be

tranurfrrsd thid iro the Chair of the Rules & Calondar Committee o
(e) Collateral Actions.te ad the elect ommit
(1) Criminal Actions. Any criminal complaints relating to Members
shall be governed by Rules 5.21, 5.22 and 5.23 of the Rules.

s(2) Colint untiommissions or Quasi-Judicial Agencies with Concurrent ha
Juriscompleted iction revi. 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 of the Rules & Calendar Committee, a Probable
Cause Panel or a Special Master, and the Select Committee on Standards

Select Committee on Standards of Official Conduct shall not initin from processing a
sider complaint until such communication relative to the merits ofquasi-judicial aency heading
completed its review of the matter. Should such a complaint be filed
initially with the Chair of the Rules & Calendar Committee and

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,
subsequwould have a substantial interest in the action of the panel, Spesi-judicial agency with
or select jurisdcommittee, or theChair authorized repres & Calentatives or Committee, the
"panel or Special Master, and the select committee shall have the discretion

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

March 7, 1995

9

10 JOURNAL OF THE HOUSE

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 of the panel or select committee relating
to a settlement pursuant to subparagraph seetion (c)(2)a.3. of this Rule or
to a consent decree authorized pursuant to subsection 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, including violations of
law, or violations of the rules and regulations of the House shall be filed
with the Chairiof 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 fthe 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 of the Rules & Calendar Committee. The complaint and all
material related thereto shall remain confidential.
Section 17. Rule 5.20, Rules of the Florida House of Representatives,
is amended to read:
5.20-Penalties for Violations
Separately from any prosecutions or penalties otherwise provided by
law, any Member of the House determined to have violated the foregoing
requirements of this Rule shall be fined, censured, reprimanded, placed on
probation or expelled, or have such other lesser penalty imposed as may
be appropriate. Such determination and disciplinary action shall be taken
by a two-thirds vote of the House, except that expulsions shall require two-
thirds vote of the membership, upon recommendation of the select
committee so designated under Rule 5.19.
Section 18. Rule 6.8, Rules of the Florida House of Representatives, is
amended to read:
6.8-Officers of Committees
The Speaker shall designate chairs and vice chairs one-member of the
eaeh standing or select committees as needed committee as chair and
another ao vice chair.
Section 19. Rule 6.12, Rules of the Florida House of Representatives,
is amended to read:
6.12-Chair's Authority; Appeals
The chair shall sign all notices, vouchers, subpoenas or reports required
or permitted by these Rules. Except as otherwise provided in these Rules,
the chair has all authority necessary to ensure an efficient operation of
the committee, including, but not limited to: presiding over the
committee; establishing the agenda for the committee; deciding all
questions of order; determining the order in which matters are considered
at committee; and requesting that amendments be filed prior to the
committee meeting.
The chair hall docido all Questions of order are- subject to an appeal by
any committee member, and the appeal shall be certified by the chair 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 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.

;]

E OF REPRESENTATIVES March 7, 1995

The committee's ability to consider any amendment is not affected if
the chair requests that amendments be filed prior to a meeting.
Section 20. Rule 6.14, Rules of the Florida House of Representatives,
is amended to read:
6.14-Notice to the Public
Committees shall regularly meet in the rooms room assigned for each
meeting and the notice of the meeting shall indicate the room in which
the meeting is to be held. thOir uos by the S.rgeant. atArms, and notice
of ouch assignment hall be pooted permanently on a bulletin board
provided for this purpooc in th. public corridor loading into tho Chamber
of the House.
Section 21. Rule 6.17, Rules of the Florida House of Representatives,
is amended to read:
6.17-Notice and Consideration of Bills, Including Proposed Committee
Bills
The chair or, in the absence of the chair, the vice chair 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. The committee chair
may authorize a staff member to affix the chair's signature to the notice;
however, the chair retains the responsibility for determining the contents
of the notice. 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.
Section 22. Rule 6.18, Rules of the Florida House of Representatives,
is amended to read:
6.18-Time Required for Advance Notice
During the first forty-five calendar days of a regular session, the prior
notice shall be given two days (excluding Saturday and Sunday) in advance
of the meeting. If the notice is given by 4:30 p.m. to the Sergeant at Arms,
a bill or proposed bill may be heard at any time on the second succeeding
day. After the forty-fifth calendar day and during any extended or special
session, the notice shall be given two hours in advance of the proposed
meeting.
Section 23. Rule 6.19, Rules of the Florida House of Representatives,
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 a timely written
request to be notified on a specific bill. The Sergeant at Arms, when
receiving in- receipting f4 notices, shall show the day and hour of receipt.
Whenever timely, the Clerk shall enter notices in the Calendar.
Section 24. Rule 6.20, Rules of the Florida House of Representatives,
is amended to read:
6.20-Notices of Meetings Between Sessions

Before any committee holds a meeting for the purpose of considering a
profiled bill or proposed committee bill (PCB) during the period when the
Legislature is not in session, a notice of such meeting shall be filed with the
Clerk and the Sergeant at Arms no later than fourteen calendar days before

JOURNAL OF THE HOUSE

the Friday preceding the week of the meeting. If a committee is approved
and scheduled for a meeting by the Speaker, yet no meeting is planned,
a notice stating that no meeting is to wil be held shall be filed; however,
this requirement shall not apply to subcommittee meetings. If a
committee meeting is to be held, the committee secretary separately shall
send copies of notice separately to the members of the committee, the first
named sponsor of the bill and to such other sponsors or Members and
persons who have requested notice. Whenever timely, the Clerk shall enter
such notices in an interim calendar.
Section 25. Rule 6.22, Rules of the Florida House of Representatives,
is amended to read:
6.22-Attendance Upon Meetings Required
A Member shall be expected to attend all meetings of committees to
which appointed, unless excused by the chair or the Speaker, a provided
in Rule-5.2. A request for an excuse shall be in writing. Excuse from House
session shall constitute excuse from that day's committee meetings.
Failure to attend two consecutive meetings, unless excused, shall
constitute autematie withdrawal from the committee and create a vacancy.
Upon notification by the chair of the committee, the Speaker shall make
an appointment to such vacancy.
Section 26. Rule 6.25, Rules of the Florida House of Representatives,
is amended to read:
6.25-Open Meetings; Decorum
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 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. The
authority of the presiding officer to maintain order and decorum includes
the authority to require all persons attending a committee meeting to
disconnect all audible beepers and phones, and other audible electronic
equipment.
Section 27. Rule 6.31, Rules of the Florida House of Representatives,
is amended to read:
6.31-Proxy Voting Prohibited
No member of a committee or subcommittee shall be allowed under any
circumstance to vote by proxy. A member may not vote after a roll call vote
has been taken and the vote announced. Absent members may have
recorded an indication of how they would have voted if present but this
shall not be counted on a roll call. Members who want to indicate how they
would have voted if present shall give notice to the committee secretary,
either in person or in writing, prior to the bill being reported to the Clerk.
Section 28. Rule 6.40, Rules of the Florida House of Representatives,
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 or, in the absence of the chair, the vice chair 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. When a committee substitute is a substitute for two or more bills, the
sponsors of the original bills shall determine the order in which the
sponsors are shown and the numerical order of the bills. If the sponsors
cannot agree, the chair of the committee shall decide the question.
The sponsors) of the original bill(s) shall be shown by the committee
secretary as a cosponsor of the substitute unless the Member notifies the
committee secretary in writing that the Member wishes to withdraw as a
cosponsor. The sponsor of the original bill shall be shown as the first
Member sponsor unless the Member notifies the committee secretary
otherwise.
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 as a

March 7, 1995

a Houo sBill. Drafting Servie summary i provided it shall bo included in
the original and all copieo.
All bills shall bo prepared on paper with thirty one numbered lino
beginning eight spacos from tho top of the page. The text shall bo
completely within vertical guide linos drawn six and ono half inchos apart,

E OF REPRESENTATIVES 11

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 29. Rule 6.44, Rules of the Florida House of Representatives,
is amended to read:
6.44-Designation of Subcommittee Chairs
The Speaker chair of th parent c mmitt. shall designate the chairs
and vice chairs of the subcommittees as needed except in the caoc of the
Committoc on Appropriationso, whoco subcommittee chair s hall bo
appointed by the Speaker.
Section 30. Rule 6.46, Rules of the Florida House of Representatives,
is amended to read:
6.46-Recording Secretary
The chair of th e parent ommitte, in conoultation 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 31. Rule 6.47, Rules of the Florida House of Representatives,
is amended to read:
6.47-Membership; ex officio Members
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 of the parent committee or by the
Speaker on point of order. The chair of the parent committee shall, ex
officio, be an additional voting member of each subcommittee at the chair's
pleasure. However, for the purpose of quorum, the committee chair shall
not be included in the membership of a subcommittee.
Section 32. Rule 6.58, Rules of the Florida House of Representatives,
is amended to read:
6.58-Composition of Conference Committee
A conference committee shall consist of an equal number of managers
from each house. The conference committee shall select one of its members
to preside. A report shall require the affirmative votes of a majority of the
managers from each house. The report shall be accompanied by the original
bill.
Section 33. Rule 7.1, Rules of the Florida House of Representatives, is
amended to read:
7.1-"Bill" Stands for All Legislation
Except where the context specifically provided otherwise indicates,
where "bill" as is used in these Rules, means a it hd-l be undr-too that
bill, joint resolution, concurrent resolution, resolution or memorial or other
measure upon which a committee may be required to report is meant.
Section 34. Rule 7.2, Rules of the Florida House of Representatives, is
amended to read:
7.2-Forms of Measures
To be acceptable for introduction, all bills shall be produced in
accordance with standards approved by the Speaker. on computer in a
typo i. o of pica or larger, u.ing black ink, without ,racur 1 or intorlinoation,

All measures shall be introduced in an original and seven copies. The
original shall be backed with a bkte folder-jacket and five copies with blte
jackets. On these jackets shall be inscribed the name of the sponsor and
enough of the title for identification, and on the original folder-jacket the
signature of the sponsor and any cosponsors and their respective district
numbers. Th.r. ohall bo insortod in tho original on. unbackd- copy. Whoa

JOURNAL OF THE HOUSE OF REPRESENTATIVES

with the word "A bill to be entitled" appearing en the first numbered line.
On revioer'o bills, the word appearing on thc firot numbered line hall be,
"A revioer'o bill to b entitled." The lino breeding and following the
enacting or re;olving e.lauo ohall be left blank. The bill should be aligned
on the page substantially according to the following form:
A bill to be entitled
An act .................................................

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

Section 2 ...........................................

Bills which propose to amend existing provisions of law shall contain the
full text of the section, subsection or paragraph to be amended. Joint
resolutions which propose to amend the Florida Constitution shall contain
the full text of the section to be amended.
As to those portions of general bills and joint resolutions which propose
to amend existing provisions of the Florida Statutes, or the Florida
Constitution, new words shall be inserted in the text underlined, and words
to be deleted shall be lined through with hyphens.
In the event the change in language is so general that the use of these
procedures would hinder, rather than assist, the understanding of the
amendment, it shall not be necessary to use the coded indicators of words
added or deleted, but, in lieu thereof, a notation similar to the following
shall be inserted immediately preceding the affected section of the bill:
"Substantial rewording of section. See s. ..., F.S., for present text." When
such a notation is used, the notation, as well as the substantially reworded
text shall be underlined.
The words to be deleted and the above-described indicators of such
words and of new material are for information and guidance and shall not
be considered to constitute a part of the bill under consideration. Numerals
in the left- nd-right margins of the line-numbered paper shall not
constitute a part of the bill, being shown on the page only for convenience
in identifying lines.
Section catch lines of existing text shall not be underlined typed-with
tderimi4ng, nor shall any other portion of a bill covered by this Rule other
than new material.
Section 35. Rule 7.6, Rules of the Florida House of Representatives, is
amended to read:
7.6-Memorials
A memorial expresses the opinion of the Legislature to the Congress of
the United States. All memorials (the6 e".-re -the eini n ff --t4hc
Legiolatur to the Congreo4 of theUnited Sttc shall contain the
resolving clause, "Be It Resolved by the Legislature of the State of
Florida:".
Section 36. Rule 7.8, Rules of the Florida House of Representatives, is
amended to read:
7.8-Requirements for Introduction
(a) All bills (other than the general appropriations bill, concurrent
resolutions relating to organization of the Legislature, resolutions relating
to organization of the House, reviser's bills, reapportionment bills or
resolutions, and recall of acts from the Governor) shall be either prepared
or, in the case of local bills, reviewed by the House Bill Drafting Service.
After completion and delivery the-review by the House Bill Drafting
Service, no change shall be made in the text or title of the bill without
returning the bill to the House Bill Drafting Service prior to filing with the
Clerk of the House.
(b) The Director of the House Bill Drafting Service shall notify any
Member proposing a bill if an identical or similar bill has been filed and
the name of the sponsor.

Section 37. Rule 7.9, Rules of the Florida House of Representatives, 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 and House Resolutions shall be printed
only upon the order of the chair 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 38. Rule 7.10, Rules of the Florida House of Representatives,
is amended to read:
7.10-Identification
Bills shall be introduced in the order they are received by the Clerk of
the House and shall be serially numbered as filed. House Resolutions shall
be separately numbered. The Clerk shall mark the original copy of each
bill, and each page thereof, to insure its identification as the item
introduced in order to prevent unauthorized or improper substitutions
therefore. This identification may be by the use of machines as used in
banks for validating or cancelling checks or other documents, or by the use
of any other device to accomplish the purpose of this Rule. Any such device
so used shall be used by and at all times shall be in the custody of the Clerk
and its use by any person not authorized by this Rule shall be prohibited.
Section 39. Rule 7.14, Rules of the Florida House of Representatives,
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.
(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 members pefts who have requested notice. This notice
shall state the date, time and place of meeting, bill number, and sufficient
title for identification. Whenever timely, the Clerk shall enter such notices
in an interim calendar.
When two meetings have been scheduled by a committee during a 30-day
period when the Legislature is not in session, the chair may provide in the
notice for the first meeting that bills agendaed for the first meeting and not
reported out 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

12

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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 40. Rule 7.17, Rules of the Florida House of Representatives,
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.
(b) No House resolution of condolence or commemoration shall be
given first reading unless filed with the Clerk by 12:00 noon of the
thirtieth day of the regular session.
(c)ef- Bills and resolutions of condolence or commemoration 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 or resolution
notwithstanding this Rule. The Clerk is directed to number such bill for
identification only.
(d) ke 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 and approved by the Speaker.
(e){4- During any special session, all bills filed for introduction, except
a simple House resolution or a bill sponsored by a standing committee,
shall be delivered to the Clerk no later than two hours prior to the
convening of the House each legislative day.
Section 41. Rule 7.18, Rules of the Florida House of Representatives,
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 the first
member sponsor a oeeponter 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 and the original
short form bill shall be reported "unfavorably" in accordance with Rule
6.34, unless another Member consents to cosponsor the bill be d$eignaed
as a cosponsor, and the original short form bill ohall be reported
"unfavorably" in accordance with Rule 6.34.
Section 42. Rule 7.19, Rules of the Florida House of Representatives,
is amended to read:
7.19-Reviser's Bills
Reviser's bills are nonsubstantive bills initiated by the Joint Legislative
Management Committee pursuant to section 11.242, Florida Statutes, for
one of the following purposes:
(a) To reduce the number and bulk of the statutes.
(b) To remove inconsistencies, redundancies, and unnecessary
repetitions in the statutes.

(c) To improve the clarity and facilitate the correct and proper
interpretation of the statutes.

(a) o conform the statutory language to an implied amenament tnat
occurred as a result of previous legislation.

(e)-To eor- ee

the Florida Statutes of obsolete or- redundant provision.
A errors of typogranhy or format.

Reviser's bills shall always be introduced by the Committee on Rules &
Calendar which may request prior review by another substantive
committee. They shall be submitted as soon as possible prior to or during
each legislative session.
Except with the approval of the Committee on Rules & Calendar,
reviser's bills may be amended only by making deletions.
Section 43. Rule 8.3, Rules of the Florida House of Representatives, is
amended to read:
8.3-Reference: Generally
Bills, upon first reading, whether House or Senate, shall be referred by
the Speaker either to a committee or to the Calendar, as elsewhere
provided in these Rules. The order of reference shall be first to a
substantive committee and then to a fiscal impact committee. If a bill is
referred to more than one substantive committee or to both fiscal impact
committees, the Speaker shall declare which shall first consider the bill.
The titles and references of bills and the nature of any documents referred
shall be entered on the Journal.
Section 44. Rule 8.4, Rules of the Florida House of Representatives, is
amended to read:
8.4-Reference: Exception
All bills, whether House or Senate, shall be referred by the Speaker to
the an appropriate committees in accordance with Rule 8.7. eemmittee
except When the bill is being introduced by a House committee whose
jurisdiction embraces the subject of the bill, the Speaker may refer it to
the appropriate committees in accordance with Rule 8.7. er-if For a
Senate bill which, the House committee already has a companion bill on
the House Calendar. In such event, said bill shall be referred to the
Calendar or to the Committees on Appropriations, or Finance & Taxation,
Rules & Calendar, or Governmental Operations as provided in Rule 8.8.
If a bill is reported as a committee substitute which contains, or with an
amendment which contains, an issue which was not in the original bill and
such issue is within the jurisdiction of another committee, the Speaker may
refer the bill or committee substitute to the other committee having
jurisdiction over the additional subject and, if given an additional
reference, such bill or committee substitute shall be considered by such
committee prior to its consideration by the fiscal committees. Reviseir'
bill recePived from the Senate shall be referred to the Committ; c on Rules
SCalendars.
Section 45. Rule 8.5, Rules of the Florida House of Representatives, is
amended to read:
8.5-Reference of Resolutions, Concurrent Resolutions: Exception
All resolutions shall be referred by the Speaker to a standing committee,
except that resolutions on House organization and of condolence and
commemoration, or concurrent resolutions recalling a bill from the
Governor's office, or resolutions and-these originating in a committee of
proper jurisdiction, may be taken up upon motion and adopted at time of
introduction without reference.
Section 46. Rule 8.7, Rules of the Florida House of Representatives, is
amended to read:
8.7-Reference to More Than One Committee; Exceptions
In addition to the Committee on Rules & Calendar or as required by
Rules 8.4, 8.6, 8.8, or 8.9, the Speaker shall not refer a bill to more than one
standing committee, other than the Committee on Rules & Calendar,
except that a bill containing a public record issue may also be referred to
the Committee on Governmental Operations and a joint resolution which
proposes to amend the Florida Constitution may also be referred to the
Committee on Judiciary. notwithstanding the provisions of Rule 8.3,

Section 47. Rule 8.8, Rules of the Florida House of Representatives, is
amended to read:

March 7, 1995

13

14

8.8-Reference of Appropriations or Tax Measures
All bills carrying or affecting appropriations or mandating the
expenditure of funds by county or city governments shall, and claim bills
may, be referred to the Committee on Appropriations, and all bills
affecting tax matters, whether state or local, shall be referred to the
Committee on Finance & Taxation. In addition such bills may be referred
as provided in Rules 8.6 and 8.7. to one other standing e mmittee and,
where appropriate, to the cmmitte e having general jurivdictikn ovr local
bills, at th discrtion of th Speakr. The bill is referred to the standing
committees) eemmittee previous to its reference to the fiscal committees.
If the original bill reported favorably by a committee did not call for or
affect an appropriation or affect a tax matter, or did not create a trust fund
or create a public records exemption, and an amendment, offered either
from the floor or by the reporting committee and adopted, does call for or
affect an appropriation or affect a tax matter, or creates a trust fund or
creates a public records exemption, then the bill with amendment may, at
the discretion of the Speaker, be referred to the Committee on
Appropriations, aRd the Committee on Finance & Taxation, the
Committee on Rules & Calendar, or the Committee on Governmental
Operations, as may be appropriate. The bill, if then reported favorably,
shall be returned to the same reading as when referred.
Section 48. Rule 8.11, Rules of the Florida House of Representatives,
is amended to read:
8.11-Reading of Concurrent Resolutions and Memorials
Each concurrent resolution or memorial shall receive two readings by
title on two separate days previous to a voice vote upon adoption, except
a concurrent resolution extending a session may receive two readings on
the same day.
Section 49. Rule 8.12, Rules of the Florida House of Representatives,
is amended to read:
8.12-Reading of House Resolutions
Each House resolution shall receive two readings by title only previous
to a voice vote upon adoption. No House resolution of condolence or
commemoration shall be heard after the forty-fifth day of the session.
Section 50. Rule 8.13, Rules of the Florida House of Representatives,
is amended to read:
8.13-Measures on Third Reading
Upon the third reading of any bill, it shall not be committed (except save
to the Committees on Appropriations, or Finance & Taxation, Rules &
Calendar, or Governmental Operations under Rule 8.8) or amended,
except as to title without consent of two-thirds of the Members voting, nor
shall the vote on passage be postponed to a day certain without the consent
of a majority of those voting.
Section 51. Rule 8.18, Rules of the Florida House of Representatives,
is amended to read:
8.18-Calendar of Local Bills
Local bills shall be disposed of according to the Calendar of Bille-of-
Local Bills Nature and shall be taken up and considered only at such time
as shall be specially fixed therefore by the Committee on Rules & Calendar,
and no bill of a general nature or amendments thereto shall be considered
at such time.
Section 52. Rule 9.3, Rules of the Florida House of Representatives, 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
request when absent from the Member's 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.
(c) Upon receipt of confirmation that a Member is excused from

attendance, the Clerk shall cause the Member's electronic voting machine
button to be locked.

March 7, 1995

Section 53. Rule 10.13, Rules of the Florida House of Representatives,
is amended to read:
10.13-Reconsideration: Clerk to Hold for Period
The Clerk shall retain possession of all bills and joint resolutions for the
period after passage during which reconsideration may be moved, except
during the last fourteen calendar days allowed under the Constitution for
a regular session and during any extensions thereof, or during any special
session, these shall be transmitted to the Senate forthwith.
The adoption of any motion to waive the Rules by a two-thirds vote of
the Members present and immediately certify any bill to the Senate shall
be construed as releasing the measure from the Clerk's possession for the
period of reconsideration. Bills either on the Local Calendar or passed as
local bills and concurrent resolutions and memorials shall be transmitted
to the Senate without delay. Messages relating to House action on Senate
amendments or to conference committee reports shall be transmitted
forthwith.
All bills, when transmitted to the Senate, shall be accompanied by a
message stating the title to the bill and asking the concurrence of that
body.
Section 54. Subsection (c) of Rule 10.14, Rules of the Florida House of
Representatives, is amended to read:
10.14-Previous Question
(c) If the motion for the previous question be adopted, the sense of the
House shall be taken forthwith on pending amendments (and in the case
of proposed amendments in the Clerk's possession under subsection
Seetion (b)) and the main question in the regular order. If amendments
have been adopted, the regular order shall include adoption of title
amendments.
Section 55. Subsection (h) of Rule 11.1, Rules of the Florida House of
Representatives, is amended to read:
11.1-General Form; Manner of Consideration
(h) However, when the provisions of Rule 8.15(c) are waived, the
deadlines for amendments, substitute amendments and amendments to
the amendment in subsection seetion (g) of this Rule shall also be deemed
to have been waived. The provisions of this section shall not apply to any
bill which was placed on a previous Special Order Calendar presented to
the House.
Section 56. Rule 11.2, Rules of the Florida House of Representatives,
is amended to read:
11.2-Adoption
Amendments shall be adopted on second reading of a bill by majority
vote; on third reading, by a two-thirds vote, except that corrective
technical amendments originating in the Committee on Rules & Calendar
"te t r p n of body, shall be decided without debate
by a majority vote on second or third reading. No bill shall be amended in
its title prior to the inclusion of the affected matter in the text.
Section 57. Subsection (c) of Rule 11.10, Rules of the Florida House of
Representatives, 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 subsection section (b) of this Rule. The report shall be given
to the House, either in writing or orally, by the chair of the reporting
committee.
Section 58. Rule 13.6, Rules of the Florida House of Representatives,
is amended to read:
13.6-Advisory Opinions; Compilation Thereof
A lobbyist, when in doubt about the applicability and interpretation of
Rule 13 o y i Joint Rulc 1 adopted by H

Senate- in a particular context, shall submit in writing the facts for an
advisory opinion to the Speaker, who shall either refer the issue to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSI

House general counsel for an advisory opinion or refer the issue to a
committee designated by the Speaker to have responsibility for the ethical
conduct of lobbyists and may appear in person before said committee. The
House general counsel or this committee shall render advisory opinions to
any lobbyist who seeks advice as to whether the facts in a particular case
would constitute a violation of such Rule by a lobbyist. Such opinion until
amended or revoked shall be binding in any subsequent complaint
concerning the lobbyist who sought the opinion and acted on it in good
faith, unless material facts were omitted or misstated in the request for
advisory opinion. Upon request of the lobbyist or any Member, the
committee designated by the Speaker to have responsibility for the
ethical conduct of lobbyists may revise any advisory opinion issued by the
House general counsel or may revise any advisory opinion issued by the
general counsel of the Joint Legislative Management Committee under
Joint Rule 1.5. The House general counsel or committee shall make
sufficient deletions to prevent disclosing the identity of persons in the
decisions or opinions. All advisory opinions of the House general counsel
or this committee shall be numbered, dated and published in an annual
publication the Journal of the House. The Clerk of the House shall keep
a compilation of all advisory opinions of the House general counsel or
committee designated by the Speaker to have responsibility for the ethical
conduct of lobbyists.
Section 59. Rule 13.8, Rules of the Florida House of Representatives,
is amended to read:
13.8-Complaints Relating to Lobbyists; Procedure
(a) Filing of Complaints. The Chair 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 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 of the Rulos & Calendar
"emmi ttee 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 address 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 shall notify the lobbyist
against whom the complaint has been filed and give such person a copy of
the complaint.
b. The chair shall examine each complaint for jurisdiction and for
compliance with paragraph s4bseetief (a)(2) of this Rule.
c. Should the chair 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 subsection section (m) of this Rule.
d. Should the chair 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 shall dismiss the complaint and notify the complainant and the
respondent of such action.
e. Should the chair determine that the complaint is outside the

jurisdiction of the House, the chair shall dismiss the complaint and notify
the complainant and the respondent of such action.

March 7, 1995

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.

E OF REPRESENTATIVES 15

f. Should the chair determine that a violation is inadvertent, technical,
or otherwise of a de minimis nature, the chair may attempt to correct or
prevent such a violation by informal means.
g. Should the chair 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 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. A copy of the letter shall be provided to the
complainant and the respondent.
(4) Withdrawal of Complaints. A complaint may be withdrawn at any
time.
(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 shall
also appoint one Member of the panel as its chair. 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.
d. adopt rules of procedure as appropriate to its needs.
(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 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.

16 JOURNAL OF THE HOUSE

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 or
may resolve the complaint informally. 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 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. The chair 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 subparagraph paragraph (d)(3)a.3.
e. Complainant's Rights. The complainant eemplaining witness is not
a party to any part of the complaint process or these proceedings. The
complainant complaining witnzzz 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

I1

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

E OF REPRESENTATIVES March 7, 1995

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 or the referee.
4. Testimony. The select committee shall may order the testimony of
witnesses to be taken under oath, in which event the oath may be
administered by the chair 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 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 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 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

JOURNAL OF THE HOUSE]

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 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 House in response to
a complaint filed under this Rule Chair of the Rules & Calendar
Committee, th Probabl Cause Panel or Special Mastor, or the Select
Committee on Lobbyot C ct 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 of the
Committee on Rules & Calendar, a determination as to probable cause or
informal resolution of with repe c 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;7
-4 Speaker of the House. In the event that any allegation under this
Rule "onidered or referred to the Chair of the Rulos & Calendar
Gomittee or tothE Seloct 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 Speaker pro tempore Chair- of the
Ruo & Calendar Commitc. The duties of tho Chair of tho Rulcs &
Calendar Committee under thios Rule shll bo transferred to the Vice Chair
of tho Rules & Calendar Committce whon tho duties of the Spoaker
pursuant to this Rule arc transferred toe tho Chair of the Rules & Calendar
Committoo.

allegation conoeid rcd or referred to th Chair of the Rules & Calendar
Committoo involves tho conduct or activities of the chair of such

March 7, 1995

(a) Material carrying the official seal shall be used only by a Member,
officer, or employee of the House of Representatives or other persons
employed or retained by the House.
(b) The use, printing, publication, or manufacture of the seal, or items
or materials bearing the seal or a facsimile of the seal, shall be limited to

committee, the dutioo of tho chair purosuant to these Rules hall ho
transferred to the Vice Chair of tho Rules & Calendar Committee.

E OF REPRESENTATIVES 17

(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 of the panel or select committee relating
to a settlement pursuant to subparagraph section (c)(2)c. of this Rule or
to a consent decree authorized pursuant to subsection 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, or violations of law
shall be filed with the Chair-f 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-ofthe 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
of the Rules & Calendar Committee. The complaint and all material
related thereto shall remain confidential.
Section 60. Rule 13.9, Rules of the Florida House of Representatives,
is amended to read:
13.9-Penalties for Violations
Separately from any prosecutions or penalties otherwise provided by
law, any person determined to have violated the foregoing requirements of
this Rule or any provision in Joint Rule 1 adopted by the House and the
Senate, or other law may be reprimanded, censured, prohibited from
lobbying for all or any part of the legislative biennium during which the
violation occurred, or such other penalty as may be appropriate. Said
determination shall be made by a majority of the House, upon
recommendation of the committee so designated under Rule 13.8.
Section 61. Rule 14.4, Rules of the Florida House of Representatives,
is amended to read:
14.4-Recognition of Guests
Persons privileged under Rule 14.2 hereof and school classes, and but
none others only with the approval of the Chair of the Committee on Rules
& Calendar, may be presented to the House, and these only by and at the
discretion of the Speaker. It shall be the of the Chair of the committee
on Rules & Calendar to call the attention of the Speaker to infractieonsof

Section 62. Rule 16.2, Rules of the Florida House of Representatives,
is amended to read:
16.2-Use of the Seal
Unless a written exception is otherwise granted by the Speaker:

18

official business of the House or official legislative business and matters
properly within the scope of the responsibilities of the Member, officer, or
employee of the House.
(e)-Any itcms or materials bearing the seal or a facoimile of the seal
which wao in ue or being displayed prior to November 20.1990, hall not
be deemed a use outside official busineo or one'o ocope of reoponoibilitio
ao a Member, officer, or -employee of the Houe.
Section 63. The Standing Orders of the Florida House of
Representatives are amended to read:
Committee on Rules & Calendar
Responsibilities of Co-Chairs
Your Committee on Rules & Calendar has examined the
responsibilities of the Co-Chairs of the Committee, as provided in the
Rules of the Florida House of Representatives, and with the concurrence
of the two Co-Chairs, has approved and recommends to the House the
following division of responsibilities:
1. The Co-Chairs shall jointly approve and sign all reports of the
Committee on Rules & Calendar.
2. Either Co-Chair may approve and sign the notice for any meeting
of the Committee on Rules & Calendar.
3. Representative Boyd shall preside as Chair of those meetings of the
Committee on Rules & Calendar which concern proposing any calendar
of legislative business, the adoption of reviser's bills, or recommendations
relating to the admission or introduction of late-filed bills.
4. Representative Mackenzie shall preside as Chair of those meetings
of the Committee on Rules & Calendar concerning the consideration of
revisions to The Rules, the consideration of legislation referred to the
committee, and the consideration of motions requesting the spreading of
remarks upon the Journal.
5. As to all other meetings of the Committee on Rules & Calendar and
as to meetings involving issues in either paragraphs 3. or 4., the Co-Chairs
shall determine which Co-Chair shall preside and may determine that
they shall each preside at different times during a single meeting.
6. The Co-Chairs shall jointly approve the distribution of materials
in the chamber, shall jointly recommend the extension of a session, when
necessary, after consultation with the Speaker, the Minority Leader, and
the Majority Leader, and shall jointly recommend a final date for the
consideration of bills on Special Order.
7. Representative Boyd shall make or speak to all motions addressing
the order of business on the floor, and shall manage the consideration of
bills and resolutions, and motions relating thereto, when in order.
8. Representative Mackenzie shall make recommendations to the
Speaker or to a committee chair on questions of order, when requested,
and shall address the membership on questions of order. She shall present
reports of the Committee on Rules & Calendar concerning revisions to
The Rules or matters relating to Member or lobbyist conduct, and shall
handle the other responsibilities assigned to the Chair of the Committee
on Rules & Calendar relating to Member or lobbyist conduct. She shall
make or speak to procedural motions on the floor not relating to the order
of business.
9. In the absence of either Co-Chair, the present Co-Chair may
exercise any responsibility assigned to the absent Co-Chair. The non-
presiding Co-Chair shall assume the responsibilities of a vice chair when
the other Co-Chair is presiding over a meeting of the Committee on Rules
& Calendar.
Effective Date;1 o of M1 ..aour..

March 7, 1995

3. In other- reopeeto, the cffeetive date may vary from the above in order
to meet unique specific problmo.-
Upon acceptance of this report, this letter -;will be provided to all

on..nmmittos wiin tn request .at comm.itt.. st- se o it0 t uiat n+i,`
favorably reported by ommitte .o ontain appropriate effective datec.
/T _1TT___.- ~- __- I___ -1 a-I ~I) U-1---, I A ~ 1 On~l

(journal nouSo 1 iwpr-opeignativs -i r ruary-

On motion by Rep. Mackenzie, the above report was adopted.

Trust Fund Calendar Procedure

March 6, 1995

The Honorable Peter Rudy Wallace
Speaker, House of Representatives

Sir:
In accordance with the vote of the House, the following report is submitted,
which outlines a procedure for floor action on the Trust Fund Calendar.
Bills to be considered on the Trust Fund Calendar will be noticed and
published by Tuesday, March 7, 1995. Only bills which reenact trust funds
will be included.
Any member may object to a bill on the Trust Fund Calendar. Objections
to any bill proposed for the Trust Fund Calendar must be filed on House
Form H-102 (1994) with the Committee on Rules and Calendar by
5:00 p.m. Thursday, March 9, 1995.
Any member may withdraw the member's objection to any bill by
submitting a letter to the Committee on Rules and Calendar, with a copy
to the sponsor of the bill by 5:00 p.m. Friday, March 10, 1995. Any bill still
carrying an objection as of 5:00 p.m. Friday, March 10, 1995, shall be
removed from the proposed Trust Fund Calendar. Bills removed from the
Trust Fund Calendar for any reason will be retained on the Special Order
Calendar for the same day and will be taken up and voted upon separately
after concluding the Trust Fund Calendar. Bills to which amendments are
offered will be considered separately.
The Trust Fund Calendar will be considered on Wednesday, March 15,
1995. The Chair of the Appropriations Committee will give a summary of
the bills and answer any questions about any of the bills prior to actual
consideration of the bills. Each bill will be taken up and read twice without
a waiver of the rules and without further explanation. A Senate companion
on the House Calendar may be substituted in accordance with Rule 7.11.
One vote will be taken for all the bills on the Trust Fund Calendar. Any
member may vote "no" on any particular bill by submitting a Trust Fund
Bills Nay Vote Form H-101 (1994) to the Clerk. Rule 8.10 will be waived
and the bills will be passed, and immediately certified to the Senate.
Forms for the trust fund process may be obtained in the Clerk's Office or
at the service desk in the Chamber.

Tuesday, March 7, 1995

Thursday, March 9, 1995
by 5:00 p.m.
Friday, March 10, 1995
by 5:00 p.m.
Wednesday, March 15, 19

R
F. Allen Boyd, Jr.
Co-Chair

Time Schedule
Proposed Trust Fund Calendar
published
Deadline for filing objections

Deadline for withdrawing
objections
95 Consideration of the Trust Fund
Calendar
espectfully submitted,

Anne Mackenzie
Co-Chair

Your Committee on Rules & Calendar has examined the problem
proper effective dates for general bill and the coordination of the san
with the SHnate. The following are hereby proposed as established effeeti.

1.-For all bills affecting taxes, appropriations or the operation of zta
agencies, that the effective date be July 1.
2. For all other general bills, the effective date will be October 1. T4,
reason for the October 1 effective date is to allow sufficient time 1
circularize change. in general law to attorneys, governmental subdivisief
and offices, and the. public in general.

ef On motion by Rep. Boyd, the above report was adopted.
ie
ve Reports of Select Committees

In re: JOHN REITZAMMER

January 11, 1995

CONSENT DECREE
COMES NOW, the Probable Cause Panel and Mr. John Reitzammer
pursuant to Rule 13.8(c)(2)c. and 13.8(g), Rules of the Florida House of
Representatives (1994), and enters this consent decree.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

' 14 p. i z,)

INTRODUCTION
1. The Speaker, Bolley L. Johnson, having received a copy of a
complaint dated May 1, 1994, and a request dated May 31, 1994, from
Representative Peter Wallace, Chairman of the Committee on Rules &
Calendar, regarding Mr. John Reitzammer, appointed a Probable Cause
Panel pursuant to Rule 13.8(b)(1), Rules of the Florida House of
Representatives.
2. The allegations contained in the complaint submitted to the
Chairman of the Committee on Rules & Calendar are that Mr. Reitzammer
was not registered as a lobbyist in the records of the Office of Legislative
Lobbying during 1992, 1993 or 1994.
3. The complaint also alleges that during the 1992 and 1993 legislative
sessions Mr. Reitzammer appeared before committees of the Legislature
on behalf of legislation to create a direct support organization now known
as the Florida Entertainment Commission and that during the 1992 and
1993 legislative sessions Mr. Reitzammer appeared before committees of
the Florida Legislature on behalf of the Department of Commerce on issues
related to the Florida Film and Television Investment Trust Fund.
4. The complaint further alleges that, during the 1994 session,
Mr. Reitzammer, acting on behalf of the Florida Entertainment
Commission, sought to persuade the Legislature to act favorably to
approve funding for the Florida Entertainment Commission, authored an
amendment to legislation that authorized funding for the Florida
Entertainment Commission for fiscal year 1993-94, sought to persuade the
Legislature to revise a sales tax exemption for the film and television
industries, and sought funds for an incentive for the relocation to Florida
of the production of a television series.
FINDINGS OF FACT
1. At the present time, Mr. Reitzammer is the executive director of the
Florida Entertainment Commission.
2. Mr. Reitzammer has been executive director of the Florida
Entertainment Commission since October 1, 1993. He was appointed to
this position by the Board of Directors of the Florida Entertainment
Commission on September 11, 1993. This position is a paid position and
one of the specified duties of the executive director is to serve as the
Commission's liaison to the Florida Legislature and other governmental
entities.
3. The Florida Entertainment Commission is a not-for-profit
corporation formed pursuant to the provisions of section 20.17, Florida
Statutes, as a direct support organization "to assist the [D]epartment [of
Commerce] in the promotion and development of the motion picture,
television, video, recording, and related entertainment industries."
S. 20.17(3), Florida Statutes.
4. Prior to his appointment as executive director, Mr. Reitzammer
served as the volunteer state "film commissioner" by appointment of
Governor Lawton Chiles. He served in this capacity from June 1991 until
December 31, 1993. Mr. Reitzammer served as both executive director of
the Florida Film Commission and as volunteer "film commissioner" from
October 1, 1993 until December 31, 1993. Mr. Reitzammer's expenses as
"film commissioner" were paid from funds appropriated to the Executive
Office of the Governor.
5. Mr. Reitzammer appeared before the Subcommittee on Tourism,
Historical & Cultural Resources of the Committee on Tourism & Economic
Development at its meeting on February 15, 1994. The appearance card
filed by Mr. Reitzammer for his appearance before the Subcommittee
indicated that he was appearing on behalf of the Florida Entertainment
Commission and that he was not a registered lobbyist.
6. Mr. Reitzammer, as Executive Director of the Florida Film
Comlissioan, authored a letter dated April 12, 1994, to Representative
Shirley Brown, a member of the Commission, which detailed alternative
solutions to a problem with funding for the Commission. Two of the three
alternatives required legislative action.
7. Records in the Office of Lobbyist Registration at the Joint
Li:eisla~ivi Mnagei nt. Committee do not reflect that Mr. Reitzammer
was a registered lobbyist at the time of his appearance before the
Subcommittee on Tourism, Historical & Cultural Resources on February
15, 1994 or at the time the letter to Representative Brown was sent.

8. Mr. Reitnammer and the Probable Cause Panel agree that his
appearance before the Subcommittee on Tourism, Historical & Cultural

19

Resources of the Committee on Tourism & Economic Development on
February 15, 1994, on behalf of the Florida Entertainment Commission,
and his letter to Representative Brown constituted "lobbying" within the
meaning of Joint Rule 1.1(2)(c) as those activities constituted an attempt
"to influence legislative action . through oral or written
communication."
9. Further, Mr. Reitzammer and the Probable Cause Panel agree that,
given Mr. Reitzammer's duties as executive director of the Florida
Entertainment Commission, he is a lobbyist within the meaning of Joint
Rule 1.1(2)(d) as he is "a person who is principally employed for
governmental affairs by another person . "; to wit: the Florida
Entertainment Commission. Joint Rule 1.1(2)(d) provides that
principallyly employed for governmental affairs" means that one of the
principal and most significant responsibilities of the employee to the
employer is overseeing the employer's various relationships with
government or representing the employer in its contacts with government.
Mr. Reitzammer and the Panel agree that one of Mr. Reitzammer's
principal and most significant responsibilities to his employer, the Florida
Entertainment Commission, is overseeing the Commission's relationships
with government and representing the Florida Entertainment Commission
in its contacts with government.
10. Mr. Reitzammer and the Panel further agree that Mr. Reitzammer
was not registered as a lobbyist and had not paid the appropriate fees as
required pursuant to Joint Rule 1 for the period from October 1, 1993 until
December 31, 1994.
11. Section 2 of HCR 67 D, which was passed by the Florida House of
Representatives and the Florida Senate on November 9, 1993, provided
that previously paid lobbyist registration fees for the period July 1, 1993
through June 30, 1994, would continue to be valid for such period. In
Mr. Reitzammer's case, such fees for representing the Florida
Entertainment Commission in this period would have been $100 under
Joint Rule 1. Further, section 2 of HCR 67 D provided that lobbyist
registration fees could be renewed for the period from July 1, 1994 through
December 31, 1994, at a rate equal to one-half the rate otherwise applicable
for new registrations. If Mr. Reitzammer had renewed a lobbyist
registration for the period July 1, 1994 through December 31, 1994, his fees
for this later period of time would have been an additional $50.
Alternatively, if Mr. Reitzammer initially registered as a lobbyist on
January 1, 1994, for calendar year 1994, his lobbyist registration fee,
pursuant to Section 2 of HCR 67 D would have been $100 to register to
lobby on behalf of the Florida Entertainment Commission.
12. The parties, based on the above stipulated facts, believe that it is
in the best interest of all concerned to reach a prompt and fair resolution
of the issues without the cost, time and expenditures of resources to hold
hearings in this matter and to reach a resolution.
13. As a result of this settlement, Mr. Reitzammer waives any rights he
may have had to a hearing on this matter regarding whether his conduct
violated Rule 13 of the Florida House of Representatives and Joint Rule 1
of the Rules of the Florida Senate and Florida House of Representatives,
and, if so, what penalties could be assessed.
14. Mr. Reitzammer has agreed to the entry of the following proposed
order.
PROPOSED ORDER
The facts, as set forth above and stipulated to between the Probable
Cause Panel and Mr. Reitzammer, are accepted.
Mr. Reitzammer is hereby advised that his appearance before the
Subcommittee on Tourism, Historical & Cultural Resources of the
Committee on Tourism & Economic Development on behalf of the Florida
Entertainment Commission and his letter to Representative Brown on
behalf of the Florida Entertainment Commission, without having
registered as a lobbyist pursuant to Joint Rule 1, was a violation of Joint
Rule 1 of the Rules of the Florida Senate and Florida House of
Representatives. Mr. Reitzammer is further advised that his employment
as executive director of the Florida Entertainment Commission,
considering the responsibilities of that position, caused him to be a lobbyist
under Joint Rule 1.
Mr. Reitzammer hereby agrees not to engage in lobbying again on behalf
of the Florida Entertainment Commission, or any other person, in violation
of Joint Rule 1. Further, Mr. Reitzammer regrets any unintentional

adverse effect his action may have brought to the House of
Representatives.

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

In light of the facts stipulated by Mr. Reitzammer and his agreement to
register as a lobbyist and pay all fees required to register as a lobbyist for
the periods from October 1, 1993 through June 30, 1994, and from July 1,
1994 through December 31, 1994, within ten days of the execution of this
agreement (a total of $150), to comply with all other requirements of Joint
Rule 1 for such periods within thirty days of the execution of this
agreement, and to pay a fine for such violations in the amount of $100,
further action on the allegations would serve little, if any benefit to the
public. On the other hand, further proceedings may benefit
Mr. Reitzammer, to the extent that such proceedings could result in a
determination that a finding of a violation is not warranted or that, under
the circumstances, registration by Mr. Reitzammer and the imposition of
the aforementioned fine is not warranted.
Accordingly, the Probable Cause Panel and Mr. Reitzammer agree to
recommend to the Florida House of Representatives that Mr. Reitzammer
be directed to: 1) register as a lobbyist, as required under Joint Rule 1, for
the periods of October 1, 1993 through June 30, 1994, and July 1, 1994
through December 31, 1994, within ten days of the execution of this
agreement; 2) comply with the other requirements of Joint Rule 1 within
thirty days of the execution of this agreement; and, 3) pay a fine of $100
to the State of Florida for said violations.
The Panel and Mr. Reitzammer further agree that, in compliance with
House Rule 13.8(2), this consent decree shall be published in the House
Journal.
This consent decree resolves all matters arising out of the complaint filed
with the Chairman of the Committee on Rules & Calendar, and the House
of Representatives shall not take any further action.

Rep. Buzz Ritchie, Chairman
Rep. Lori Edwards
Rep. John Laurent

Members, Probable Cause Panel
Select Committee
On motion by Rep. Ascherl, under Rule 6.3, the Select Committee on
Streamlining Governmental Regulations was clothed with the powers of a
standing committee.

Special Orders

By the Committee on Insurance; Representatives Cosgrove, Johnson,
Geller, Boyd, Lawson, Ascherl, Thrasher, Gay, Wasserman Schultz,
Dennis, Arnold, Ziebarth, Arnall, Bradley, and Dawson-
HB 719-A bill to be entitled An act relating to the Florida Hurricane
Catastrophe Fund; amending s. 215.555, F.S.; providing additional
authority to levy emergency assessments on property and casualty
insurers; revising provisions relating to appropriation of moneys from the
fund for purposes of mitigating future hurricane losses; providing
appropriations; providing an effective date.
-was read the first time by title. On motion by Rep. Cosgrove, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title.
The Committee on Finance & Taxation offered the following
amendment:
Amendment 1-On page 4, line 11, after $12.5 insert: million
Rep. Logan moved the adoption of the amendment, which was adopted.
On motion by Rep. Webster, the rules were waived by the required two-
thirds vote and HB 719, as amended, was read the third time by title. On
passage, the vote was:
Yeas-119

The Chair
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
Tedder
Thrasher
Tobin
Trammell
Trovillion
Turnbull
Upchurch
Valdes
Villalobos
Wallace, R.
Warner
Wasserman Schultz
Webster
Wise
Ziebarth

Nays-1
Sublette
So the bill passed, as amended. On motion by Rep. Boyd, the rules were
waived by two-thirds vote and the bill was immediately certified to the
Senate after engrossment.
Committee to the Senate
On motion by Rep. Webster, the Speaker appointed Reps. Trammell,
Chestnut, Bloom, Hafner, Bitner, Rojas, and Thrasher as a committee to
notify the Senate that the House was convened and ready to transact
business. The committee was excused to perform its assignment.

Continuation of Special Orders

By the Committee on Governmental Operations; Representative
Lawson-
HB 257-A bill to be entitled An act relating to confidentiality of
Spaceport Florida Authority trade secret information; amending s.
331.326, F.S., which provides an exemption from public records
requirements for trade secrets held by the authority; saving such
exemption from repeal; providing exemptions from public meeting and
records requirements for meetings at which the authority's board of
supervisors discusses trade secrets and records generated during such
meetings; providing for future review and repeal; providing a finding of
public necessity; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 259-A bill to be entitled An act relating to confidentiality of
records relating to a Board of Executive Clemency investigation; amending
s. 14.28, F.S., which provides an exemption from public records
requirements for such records; revising the exemption and saving it from
repeal; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 261-A bill to be entitled An act relating to confidentiality of
certain information held by the Department of Transportation; amending
s. 341.3333, F.S., which provides an exemption from public records
requirements for applications for franchise received by the department for
high-speed rail transportation systems; revising the exemption and saving
it from repeal; providing for future review and repeal; providing an
effective date.

John Reitzammer

20

March 7, 1995

-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 263-A bill to be entitled An act relating to confidentiality of
certain information relating to nonprofit corporations; amending s.
617.0503, F.S., which provides an exemption from public records
requirements for information obtained by the Department of Legal Affairs
in the course of investigations of such corporations; revising the exemption
and saving it from repeal; revising the penalty for willful disclosure of
confidential information; providing for future review and repeal; providing
an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 265-A bill to be entitled An act relating to the confidentiality of
health records of certain veterans; amending s. 296.09, F.S., which provides
an exemption from public records requirements for the health records of
veterans admitted to the Veterans' Domiciliary Home of Florida; saving
such exemption from repeal; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 267-A bill to be entitled An act relating to the confidentiality of
certain booking business records; amending s. 255.047, F.S., which provides
an exemption from public records requirements for such records of publicly
owned or operated convention centers, sports stadiums, sports arenas,
coliseums, and auditoriums; saving such exemption from repeal; providing
an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 271-A bill to be entitled An act relating to confidentiality of
investigation information concerning executive branch lobbyists;
reenacting s. 112.3215(7) and (13), F.S., which provide an exemption from
public records requirements for such information held by the Commission
on Ethics; saving such exemption from repeal; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 273-A bill to be entitled An act relating to the confidentiality of
information obtained pursuant to employee assistance and drug-free
workplace programs; reenacting s. 110.1091, F.S., which provides an
exemption from public records requirements for communications between
employee assistance program personnel and participating employees;
saving such exemption from repeal; reenacting s. 112.0455(8)(1) and (u) and
(ll)(f), F.S., which provide exemptions from public records requirements
for certain documentation relating to drug tests under the Drug-Free
Workplace Act; saving such exemptions from repeal; amending ss. 112.0455
and 440.102, F.S., which provide exemptions from public records
requirements for specified information resulting from drug testing
programs under drug-free workplace provisions; revising such exemptions
and saving them from repeal; providing for future review and repeal;
providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules

were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

21

By the Committee on Governmental Operations; Representative
Lawson-
HB 279-A bill to be entitled An act relating to confidentiality of
information relating to the state lottery; amending s. 24.105, F.S., which
provides exemptions from public records requirements for certain
information relating to lottery operations and for addresses and telephone
numbers of winners; saving such exemptions from repeal; providing for
release of confidential information to other governmental entities;
amending s. 24.106, F.S., which provides an exemption from public meeting
requirements for meetings of the State Lottery Commission at which
confidential matters are discussed; saving such exemption from repeal;
providing an exemption from public records requirements for records
generated during such closed meetings; providing a finding of public
necessity; amending s. 24.108, F.S., which provides an exemption from
public records requirements for portions of a security report, and
reenacting subsection (5) thereof, which provides an exemption from
public records requirements for confidential information received by the
Department of the Lottery from other agencies; saving such exemptions
from repeal; providing for future review and repeal; providing an effective
date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 281-A bill to be entitled An act relating to confidentiality of
information exchanged in connection with constructive youth programs;
reenacting s. 239.505(11), F.S., which provides an exemption from public
records requirements for confidential information received by entities
participating in such programs; saving such exemption from repeal;
providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 283-A bill to be entitled An act relating to confidentiality of
information under the Enterprise Florida Innovation Partnership
program; amending and renumbering s. 240.539(7), F.S., which provides an
exemption from public records requirements for specified information
received in connection with advanced technology research under the
program; saving such exemption from repeal; revising the information
which is exempt; providing an exemption for all such information received
by the partnership and its affiliates; providing for disclosure of certain
information; providing for future review and repeal; providing a finding of
public necessity; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 285-A bill to be entitled An act relating to confidentiality of
certain information relating to hazardous materials; reenacting s.
252.88(1), (2), and (3), F.S., which provides exemptions from public records
requirements for trade secret information and information relating to the
location of hazardous chemicals which is confidential pursuant to the
Emergency Planning and Community Right-to-Know Act of 1986, and
information relating to hazardous chemicals furnished to fire departments
under the act; saving such exemptions from repeal; providing an effective
date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

Committee from the Senate
A committee from the Senate consisting of Senators Silver, Hargrett,

Holzendorf, Casas, Grant, Bankhead, and Harden advanced to the well and
announced that the Senate was convened and ready to transact business.

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

22 JOURNAL OF THE HOUSE

Continuation of Special Orders

By the Committee on Governmental Operations; Representative
Lawson-
HB 287-A bill to be entitled An act relating to confidentiality of
Department of Transportation trade secret information; reenacting s.
334.049(4), F.S., which provides an exemption from public records
requirements for trade secret information obtained by the department as
a result of research and development projects; saving such exemption from
repeal; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 289-A bill to be entitled An act relating to confidentiality of
certain information relating to small employer insurance carriers;
reenacting s. 627.6699(8)(c), F.S., which provides an exemption from public
records requirements for rating and renewal practices information
submitted by such carriers to the Department of Insurance; saving such
exemption from repeal; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 291-A bill to be entitled An act relating to confidentiality of trade
secret information under the Motor Fuel Marketing Practices Act;
amending s. 526.311, F.S., which provides an exemption from public
records requirements for trade secret and proprietary confidential business
information held by the Department of Legal Affairs in connection with
investigations under the act; revising the exemption and saving it from
repeal; providing an exemption from public records requirements for such
information received by the Department of Agriculture and Consumer
Services in connection with investigations under the act; providing for
future review and repeal; providing a finding of public necessity; providing
an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 293-A bill to be entitled An act relating to confidentiality of trade
secrets under the Magnetic Levitation Demonstration Project Act;
amending s. 341.419, F.S., which provides an exemption from public
records requirements for trade secret information in applications for
certification under the act; revising the exemption and saving it from
repeal; providing for future review and repeal; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 295-A bill to be entitled An act relating to the confidentiality of
identities of donors to direct-support organizations of historic preservation
boards; amending ss. 266.0008, 266.0018, 266.0028, 266.0038, 266.0048,
266.0058, and 266.0068, F.S., which provide exemptions from public
records requirements for such donors and prospective donors; saving such

exemptions from repeal; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

Pursuant to HCR 1-Org., the Members of the Senate, escorted by the
Sergeant at Arms of the Senate and the Sergeant at Arms of the House,
were seated in the Chamber. The President and President pro tempore
joined the Speaker and Speaker pro tempore at the rostrum. The Secretary
joined the Clerk at the front desk.

E OF REPRESENTATIVES March 7, 1995

By the Committee on Governmental Operations; Representative
Lawson-
HB 317-A bill to be entitled An act relating to confidentiality of child
care personnel screening information; amending s. 402.3055, F.S., which
provides an exemption from public records requirements for such
information; saving such exemption from repeal; providing an effective
date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 319-A bill to be entitled An act relating to confidentiality of
identities of donors to certain direct-support organizations; amending s.
570.903, F.S., which provides an exemption from public records
requirements for the identity of donors to direct-support organizations
under the Department of Agriculture and Consumer Services; revising the
exemption and saving it from repeal; providing an exemption for the
identities of prospective donors; providing for future review and repeal;
providing a finding of public necessity; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Governmental Operations; Representative
Lawson-
HB 323-A bill to be entitled An act relating to confidentiality of
information concerning nursing home residents; reenacting s. 400.0255(8),
F.S., which provides an exemption from public records requirements for
specified information relating to such residents obtained in connection
with hearings concerning the transfer or discharge of residents; saving such
exemption from repeal; providing an effective date.
-was read the first time by title. On motion by Rep. Lawson, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Appropriations; Representative Ritchie-
HB 997-A bill to be entitled An act relating to trust funds; creating
s. 409.2582, F.S.; creating the Child Support Clearing Trust Fund within
the Department of Revenue; providing for source of moneys and purposes;
providing for future review and termination or re-creation of the fund;
providing a contingent effective date.
-was read the first time by title. On motion by Rep. Ritchie, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

Messages from the Senate

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

The above concurrent resolution was ordered enrolled.

Recessed
The House stood in informal recess at 10:46 a.m., to reconvene at
11:00 a.m. today.

Reconvened
The House was called to order by the Speaker at 11:00 a.m. A quorum
was present.
JOINT SESSION

Arrival of Lieutenant Governor and Cabinet
The Honorable Kenneth H. "Buddy" MacKay, Jr., Lieutenant Governor;
the Honorable Sandra B. Mortham, Secretary of State; the Honorable
Robert A. Butterworth, Attorney General; the Honorable C. William "Bill"
Nelson, Treasurer and Commissioner of Insurance; the Honorable Robert
B. Crawford, Commissioner of Agriculture; and the Honorable Frank
Brogan, Commissioner of Education, constituting the Cabinet, were
escorted into the Chamber by the Sergeant at Arms of the Senate and
seated.

Arrival of Supreme Court
Chief Justice Stephen H. Grimes, Justice Ben F. Overton, Justice
Leander J. Shaw, Jr., Justice Gerald Kogan, Justice Major B. Harding,
Justice Charles T. Wells, and Justice Harry Lee Anstead, constituting the
Supreme Court, were escorted into the Chamber by the Sergeant at Arms
of the House and seated.
The Speaker presented the gavel to James A. Scott, President of the
Senate, asking him to preside over the Joint Session.

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

Prayer
The following prayer was offered by Dr. Richard Cromie, Pastor, First
Presbyterian Church of Fort Lauderdale.
Heavenly Father, as the eyes of those who have served this House look
in on us through their photographs, behold thy people here assembled as
we begin this session for the State of Florida. We each thank you for the
privilege of those who serve in high offices; you know who they are, O Lord,
and all their many needs, so bless them each one. You know their various
persuasions in politics, but, Lord God, help each of us to act on policy and
principle. Bless their families with the power and peace of your presence,
too. Give them health and strength and courage that while they have to
compromise on issues, they will never ever compromise themselves.
Send your blessing to the Governor, the executives, the Cabinet
members, the Justices, and all their staff members. We thank you for them
all. Guide and guard the President and the Speaker as they face the
newness of this time amidst the compelling and competing interests of our
state. We are grateful, grateful for the State of Florida as it enters its
sesquicentennial celebration as a state. Our problems may be plentiful,
Lord, but so are our possibilities.
Make us mindful of those who are old, but never ever let us forget the
young. Help us to manage the state to be proud and peaceful and a safer
place for all. Hold high our commitment to people of all races and stations
in life. Help us to encourage the strong by what we do, but never to forget
the weak. Fasten our vision high above the Earth that when it all is over,
we will find the only praise we ever really seek: to be called your good and
faithful servants for now and evermore. Would everyone say Amen, and say
it again.

Pledge
The Members of the Joint Session, led by the President and the Speaker,
pledged allegiance to the Flag.
Committee to the Governor
On motion by Rep. Davis, the President appointed Senators Jennings,
Jenne, Childers, Thomas, and Dudley, and on behalf of the Speaker,
appointed Reps. Ritchie, Logan, Kelly, Brennan, Garcia, Posey, and
Sanderson as a joint committee to notify the Governor that the Legislature
had assembled to receive his message. The committee retired to execute its
responsibility. Upon announcement by the House Sergeant at Arms, the
committee escorted Governor Chiles to the rostrum.

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

Governor's Address
That applause sounded real good. When I listened to the vote as to

whether I was going to be allowed to speak, I thought the President had
to gavel that through. [laughter]

23

President Scott, Speaker Wallace, members of the Supreme Court, and
my partner Buddy MacKay, members of our Cabinet, members of the
Senate and Members of the House, and my fellow Floridians and my first
lady, who is there too.
This year we culminate the 150th anniversary of our statehood. And, as
we gather in Tallahassee, at our state Capitol, to do the people's business,
we have an opportunity to reflect on the Florida of yesterday, today, and
tomorrow.
Yesterday, in 1513, the great explorer Ponce de Leon sighted a land he
called "La Florida," the land of flowers. When Florida entered the Union
back in 1845, there were only about 65,000 people in the entire state. We
could seat them comfortably in Joe Robbie Stadium today.
Florida entered the Union at the same time as Iowa. And, during the
debate over the statehood issue, Representative Samuel Vinton of Ohio
predicted that Florida was so remote that it would always be smaller in
population than Iowa. Florida and history have proven Representative
Vinton very wrong.
Today, Florida is the fastest growing state in the nation. We started as
a vast frontier of swamp and forest, and we became the 20th largest state
with a population of 2.7 million people in 1950. And, today with over 13
million people, we are the states' fourth largest state.
Our cities and our small towns have put us on the map as a world-class
destination. A state that has something for everyone.
Just before Florida joined the Union in 1845, the Territorial Assembly
wanted Congress to split the state into two parts, divided at the Suwannee
River. That request was properly denied. And Spessard Holland, our
Senator and Governor, said, "Florida has never been split geographically,
or in spirit."
In the spirit of serving the state, the state that we love, each of us comes
to these chambers and the work before us with an intent to do what is right
for our people.
You follow legislators throughout our history, and I'm proud to be one,
who have helped make Florida a trail-blazer for democracy, fighting to
open up our government and its records to the people. These leaders have
secured a place in our history because they put the needs of our people first.
Today, as we look back to celebrate Florida's history, we also have the
vision and the courage to look forward, to secure Florida's future. During
the 1995 Session, we have a unique opportunity to make tomorrow's
history.
Today, we are nearly at the doorway of a new century. The people have
entrusted us with great responsibility, a responsibility to do what is right,
not necessarily what is easy.
This session, we observe another first, at least in our recent history: a
Senate under control of Republicans and a House under control of the
Democrats. What does this bode for the people? A session of bickering and
gridlock, one-upmanship? I trust not. I don't think the Republicans who
elected that majority of the Senate or the Democrats who elected that
majority of the House, voted for or wanted that. I trust that we will come
together in a spirit of goodwill and cooperation to do the people's business.
And what is the state of the State? I think it's pretty darn good, but with
much more that could be done to make it much better. Let me give you a
few comparisons.
When I spoke to you four years ago, the criminals were serving less than
36 percent of their sentences. Now, convicted criminals entering our
prisons will stay behind bars 75 percent of their sentences. And, with our
budget request, and going to 150 percent of capacity, they will be serving
85 percent.
We have a new Department of Juvenile Justice. We've formed
partnerships with local communities to promote boot camps. And we've
signed, just the other day, contracts for three Youthful Offender Prisons.
Our new Department of Juvenile Justice stresses prevention and detention.
Welfare reform. We have passed a nonpartisan welfare-reform plan, and
Florida has obtained a federal waiver for the two largest demonstration
projects in the country. Early results from Escambia show that our plan

will get people off the dole and on to work. We're asking you to allow us
to add at least five more counties this session.

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

24 JOURNAL OF THE HOUSE

In the environment, the costly Everglades lawsuit is settled; the cleanup
has begun. Kissimmee restoration is underway. Two agencies have been
combined. We're now looking at entire ecosystems, rather than separate
pieces; P-2000 has been funded; uniformity in wetlands definition has been
achieved; permitting has been streamlined and simplified; and one-stop
permitting is becoming a reality. Greenways now cover and connect most
of our state, and our citizens can enjoy Florida's natural beauty for
generations to come.
Health care. Florida's health care costs increased more than 20 percent
the first year I was Governor. It ate up all the money that we had. We could
not give a pay raise to our state workers because we were just trying to keep
up with their health care costs. This year, Florida health care costs are 11
percent below a year ago. [applause] That's 10 times more than the
nation's average. That's 3 billion dollars that we are putting in the
pocketbooks of Floridians to build our businesses, to pay our workers, to
protect our environment because of this. This is happening because we lead
the country in managed care and a market-driven health delivery system.
[applause] As an aside, if it ain't broke, don't fix it. We don't need a
separate Department of Health. [applause]
Our Community Health Purchasing Alliances began to work, began to
sell policies last June. Now, nearly eight months later, more than 6,000
small businesses, more than 28,000 workers and their families have medical
coverage. The prices are 20 to 50 percent cheaper than what they could buy
before. More than half of those companies and their employees had no
insurance coverage before. Prices are cheaper inside the CHPA and now,
companies outside the CHPAs are demanding and receiving lower costs as
well. And those of us in our personal health care coverage, it's going down
because we have brought the overall prices down. In spite of that, though,
we still have two million of our people without any health coverage. So we
have unfinished business.
Education. Since 1991, our public school dropout rate has been reduced
from 6.5 percent to 5.6 percent. Thousands of our students are staying in
school. There were no full-service schools when I became Governor, but
today there are more than 450. With our budget, we will increase that
number by 138 additional sites.
Our focus has been on putting the classroom first. We have increased the
ratio of teachers to administrators as a measurement of that commitment.
Teenage pregnancy has declined by seven percent. That's 2,000 fewer teens
who have had a child. That causes a reduction in abortions, as well. It
causes a reduction in welfare. It causes a reduction in crime. It is a result
of the full-service schools and the work that we are doing in that regard.
Our focus has been on putting the classroom first. We need to continue that
focus. [applause] Every school now has a school improvement council of
parents and teachers. And school ability, which was a dream, now is a
reality. Tallahassee no longer calls the shots. We're in the fourth year of
school accountability. Every school receives its own report card. Parents
and teachers are the key now to running the system.
I commend Commissioner Brogan for the initiatives to return more
power to the schools. [applause] We must grade our counties and our
schools on the kind of students they produce and let them make the
decisions about how to do that.
We know our community colleges are the best in the country. They are
under great strain. Our universities are excellent, but too few of our
children get to use them. Florida has miles to go to have a world-class
education system.
Limited resources may restrict our ability to do all that needs to be done,
but we know that education is not a partisan issue. That's why we may
consider coming back together later this year and devote a session to
education and putting the classroom first. [applause]
Elder affairs. Four years ago, we had no Department of Elder Affairs but
the people had mandated that there be such a department. Now, we have
a department that last year generated 3.5 million hours of voluntary time
for work to help elders. That's equivalent to 44 million dollars that
taxpayers did not have to pay. This department does an excellent job, and
we must transfer the remaining elder services to it. And in addition, we
must protect elders from becoming victims of abuse by stiffening the
penalties for such abuse. [applause]

As we lead Florida into the next century, I would like to have us create
a new paradigm, a rubric through which we address our issues. A way in
which we can work together regardless of party or race, ideology, gender,
ethnic background.

I]

___ _ _ ___ __ __ ___

Well, this is 3,500 rules, and we know this is part of the weight of the
world that is burdening our businesses, our schools, and our future.
Now, I've called on members of the Cabinet and other leaders in
government to pitch in to help, and to pitch out as many of the state's rules
that they can, nearly 25,000 rules, as possible.

E OF REPRESENTATIVES March 7, 1995

It's jobs. Good, clean, high-wage, challenging, fulfilling jobs, and lots and
lots of them. Government is not too effective in mandating things. But
government can set incentives and can reduce disincentives. Government
can't create new jobs, but government can level the playing field, perhaps
even tilt the playing field, in favor of the private sector to allow it to create
the jobs.
Why select jobs as this new paradigm? Simply because good jobs are the
key to dealing with all of Florida's problems, all of Florida's needs. Without
a growing supply of jobs, we can't solve our crime problem. Punishment is
not enough, and it's too expensive to go on that alone. We can't succeed
in welfare reform without many entry-level jobs. We can't enjoy the quality
of life that we have inherited without a sound economic base, which
requires high-value jobs. We can't afford the education system we must
have without good jobs for that sound tax base. What are the steps that
we have to take to allow job creation?
Our current regulatory structure saps our economic vitality. It creates
endless costs, delays both real and political. That's why we have to slay the
hydra-headed dragon of over-regulation. [applause]
I have tasked Buddy to be my giant killer. He loves impossible tasks.
We're committed to reducing state regulations by at least 50 percent. But
more than that, we're committed to changing the way that we carry out
public policy: to stop being the policeman seeking to punish our citizens
and start being a partner, seeking our citizens' help in effecting necessary
requirements for public protection.
I've been traveling throughout Florida, talking with local citizens and
businesspeople. They're telling me of how often they get bogged down
when government drags its feet through over-regulations. They don't really
say it that nice. [laughter] You've been out there, what they really say is,
"When the hell did I become the enemy of my government? Why did I
stop-[applause]-Why am I treated like a criminal by a regulator, when
I am simply trying to create some more jobs or to build or to add to my
business?"
Our businesses and our citizens are demanding timely, timely action and
answers from government. And, for them, time is money, literally. A quick
answer, either yes or no, can make a world of difference.
Recently, I sent you a copy of a book called The Death of Common
Sense, by Philip Howard. This book outlines why the public is so angry:
the rules and regulations and how they are choking American government
and business. The book identifies "Public Enemy Number One" and that
is the rules and regulations and the way we are presently applying them.
This is not just a Florida problem, this is a national problem. But you and
I have the opportunity to help lead Florida and the nation out of the
swamp, and we can claim very favorable publicity for our state in that
process.
I'm pleased to report on Buddy's progress as of now. Here's what we've
done already:
There are more than 10,000 rules and regulations just in agencies under
control of the Governor-10,000 rules. In two months time, by making this
50 percent goal an imperative, an imperative to our agencies, we've
identified some 3,500 rules that should be eliminated. That's nearly 34
percent just in those agencies. We're just getting started, but the easy part
comes first.
Let me show you what 3,500 rules look like. [The Governor strapped on
a safety lifting belt, lifted a pile of rules high up, and thumped them down
on the table.] [laughter] [applause] That's 3,500 rules right there.
[applause]
But under the old way we were doing business, I wouldn't have been able
to show you this because I think this weighs over 50 pounds. [laughter]
[applause] As you know, we had a rule that was bubbling its way up to
say that no one in the state of Florida could lift anything that weighed over
50 pounds. If the box weighed 54 pounds, you couldn't take four pounds
out of the box. We treated that rule the way we should treat rules now. We
trashed it. So now I can lift up this. [applause]

JOURNAL OF THE HOUSE]

At the Department of Transportation, Ben Watts has come up with a
bold and dramatic answer: eliminate all the rules. [applause] Make the
top managers accountable for decisions they make and put into place a
process to resolve disputes over their decisions. It's interesting, he's talked
to the road contractors about this; nobody will really give up any legal hold
they have. They can ultimately go to court, but one of the things he is
talking about is, if you go through the dispute process and you ultimately
lose, and you want to go to court, at some stage, the loser ought to have to
pay the attorney's fees and the cost of that process. [applause]
I ask you to support Ben's plan; it's a significant step on the way to rules
reform.
Secretary Wetherell in the Department of Environmental Protection has
a demonstration project in Duval County that's working to get businesses
into compliance as the number-one goal and has punishment as the last
resort. The process stresses cooperation over confrontation and it's
receiving excellent results. For the first time, we are saying to businesses,
"If you think you've got a problem, pollution, hazardous waste, come to us
and we'll help you fix that problem. We'll not charge you 10,000 dollars a
day." She has asked to broaden this to other areas. This is the kind of
common-sense approach that we need to take.
Secretary Shelley, at the Department of Community Affairs, is asking-
proposes state review of small amendments to local comprehensive plans-
amendments involving 10 acres or less. She's asking that those be
abolished, 40 percent of the state's oversight of comprehensive plan
amendments. I'm also asking for DCA to be more flexible in administering
the state's growth management plan. [applause] And, I'm pleading for
Leon County to be more flexible in regard to cook-shack permits.
[laughter] [applause]
I'm glad Speaker Wallace and President Scott have joined with me in
sharing this goal. And members of our Cabinet are already beginning their
process of seeking the rules that they could reduce. Commissioner Brogan's
plan to eliminate all rules that restrain local school districts from making
their own decisions is an excellent one.
There is more that we can do together. The cornerstone of our joint
attack should be to pass a bill that would say that all of our department
and agency rules now in effect would be repealed at the close of the 1995
Session of the Legislature, except those rules that I say need to stay in
effect or that you say needs to be in effect. We will share this. [applause]
We'll have our rules to you within the next three or four weeks of the ones
that we think should stay in effect.
I believe that this is the best plan to relieve our citizens of the burden
placed on their lives by unnecessary rules and regulations. We can give
back to the people the right to control their destiny, the power to shape
their future.
Current law requires that any state agency charged with carrying out a
statutory function must adopt rules and regulations, whether they're
needed or not. This statute, 120.535, should be repealed at once. This will
send a bipartisan message: Florida is no longer the home of red tape and
bureaucratic stagnation. [applause]
Let's make this great challenge one of our legacies for Florida: to stop
the insanity of rules and regulations; to start the rule of common sense.
Economic Development. One of Florida's most dynamic business leaders
is with us today, Dick Nunis. He's the President and CEO of Walt Disney
World. He is also Chairman of the Florida Council of 100. Dick has worked
with Buddy and I to conduct a series of economic development forums
around our state. With the Chamber's help and the Council of 100's help,
and without exception, in every one of these meetings a familiar theme is
repeated over and over again.
These businesspeople who are accustomed to winning in everything they
pursue are frustrated and angry because our state is losing out to Georgia,
Alabama, North Carolina, Mississippi, Tennessee, when it comes to
attracting new industry. They don't want to concede this competition for
high-tech, high-wage jobs. Neither do I. Neither do you. That's why I'm
asking you to help build a stronger economy for our state by strengthening
the public/private partnership, Enterprise Florida. It's time to put Florida
in a stronger position to win, by making sure we have a quiver that has all
of the arrows necessary.

This year we have a great opportunity to use the power of the
public/private partnerships to improve our economic efforts. I call on you

March 7, 1995

Together, you and I, we can help our state, we can help our people.
Thank you. God bless. [applause]
Following his address, Governor Chiles was escorted from the Chamber
by the committee. The members of the Supreme Court and the Lieutenant

E OF REPRESENTATIVES 25

to help privatize the Florida Department of Commerce. This action will
help us attract resources and talent of private-sector business leaders in
economic development initiatives. This new direction will boost Enterprise
Florida in its critical mission. I appreciate the leadership of
Representatives Lippman and Mackey in the House and Senators Dantzler
and Grant in the Senate, on this issue. We want to continue providing our
businesses with access to venture capital for job training. We want to
continue to develop and market Florida technology in Florida.
In its first 18 months, Enterprise Florida's Quick Response Training
Program trained more than 10,000 workers for challenging and rewarding
new jobs. This progress has demonstrated tremendous returns to our state
investment, with a 6.5 million dollar state investment, we have leveraged
80 million dollars in the private sector. For every state dollar we spent, we
received 12 dollars of training through this program. The real prize is that
we kept 10,000 jobs or brought 10,000 jobs to Florida that could have been
lost without this program. Join us in transferring the remainder of our
economic development efforts to this partnership, which has a bottom-line
mentality.
Welfare reform. The Escambia County demonstration project in welfare
reform has shown us the essential elements that are necessary to make the
transition from welfare to work: job training, day care, and health care.
The incentives are all backwards in our existing system: an incentive that
provides health care for those who don't work. And yet, two million
Floridians, workers and the family of workers, do not have health care. This
is a disincentive to health care, to welfare reform, to good, high-value jobs.
Florida Health Security. Florida Health Security would allow us to
provide coverage to more than one million additional working Floridians
and their families. It will be financed by more than 5 billion dollars over
the next five years derived from putting our Medicaid recipients under
managed care. The federal savings will be about 3.4 billion dollars, and our
federal waiver allows us to use this with our state savings to provide health
care for up to a million people. It doesn't require any new taxes-no
mandates. It's a free-market plan, no additional bureaucracy. One million
people will no longer go to the emergency room where their care is very
costly and where that cost is picked up, moved over to our private
insurance or our state taxpayers.
Last year, a number of you said, "Pretty good idea, we don't know
whether the federal government would grant the waiver or not. Get the
waiver and I could vote for the plan." I got it. I got it. I got it. [applause]
Now, we are generating state savings as well as federal savings. You may
be tempted, some already have, to take the state savings and to spend it
somewhere else. If you do, you're not only robbing Peter to pay Paul, but
you're giving up the federal savings.
We have great debates, in these halls, over 100 million dollars, over 200
million dollars. We're talking about 3.5 billion dollars that are our hard-
earned dollars our taxpayers have paid that we are saving because of our
plan. We would be foolish to send those dollars back to Washington.
No other state will get in today-will get the kind of deal that we have
in Florida. With the move to now block grant Medicaid, Florida and other
growth states are in tremendous jeopardy, and we will suffer greatly.
We have a contract with the federal government for these 3.4 billion
dollars for five years. We must not lose that chance. Mr. President, we can
design a plan, that if the federal government reneges, we are out of it. We
won't spend any money. So if people are worried about us getting caught
in the plan, we can design that plan. You and I can do that. So if they
renege, I believe that we have a chance to hold them to that contract.
Freeing up our businesses by cutting the red tape. Using the
inventiveness of our business and the talent of our business leaders,
leveraging their money with ours to give us a competitive advantage.
Helping provide health coverage for Florida's workers and our families.
These are three efforts that can provide positive incentives. They tilt the
playing field to make Florida a business-friendly state, to create those high-
wage jobs that we must have to have a world-class state.
I ask you to join me as we respond to Florida's critical needs with an
honest plan that puts our people first.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Governor and Cabinet were escorted from the Chamber by the Sergeants
at Arms of the House and Senate.
On motion by Senator Jennings, the Joint Session was dissolved at
11:56 a.m., and the Senators were escorted from the Chamber by the Senate
Sergeant at Arms.

Reconvened
The House was called to order by the Speaker at 11:57 a.m. A quorum
was present.

Remarks of the Speaker
Speaker Wallace: Members, I'll be brief, and we'll be on to lunch in
a moment.
I think most of us in elected office pay at least some attention to
newspaper editorials, although we might choose to deny that we do. I'd like
to read one today that was written about politics and citizenship in Florida.
It reads as follows:
Are we not called upon by every motive which ought to influence good
and dutiful citizens to lay aside all personal animosities, . to
disregard political jealousies, and to rally unitedly for the one great
objective of saving the state?
S. .[A] higher motive than mere devotion to party should impel every
citizen, and he who suffers himself to be influenced by this, against his
sober judgment, is disloyal to the solemn trust committed to his hands.
That was written as an editorial in the Tallahassee Sentinel 150 years
ago this week in response to the news from Washington that Florida had
just been admitted to statehood. The language is stilted and dated, but the
sentiments are right up to date.
As citizen legislators, we have been given, by our neighbors, the
stewardship of this state, not just a state, but one of the most diverse,
populous, and complex states in the nation. The idea of public service does
not always come easy, but as Florida's late Governor LeRoy Collins used
to say, "The mystical call to government and public service is the desire to
help others." He said that without that desire, no other reason was
sufficient.
So, I want to take this opportunity on the first day of a very important
legislative session of this two-year legislative term to ask all of you to join
me in consecrating this Legislature to the needs and the future of the
people of Florida and especially the children of Florida. Thank you very
much. [applause]
Motion
On motion by Rep. Boyd, agreed to by two-thirds vote, the rules were
waived to permit bills which repeal provisions of the Florida Statutes to
be introduced through noon Monday, March 13, 1995.

Motion to Recess
Rep. Boyd moved that the House stand in recess for the purpose of
holding committee meetings and conducting other House business, to
reconvene at 11:00 a.m., Wednesday, March 8. The motion was agreed to.

Introduction and Reference

By Representatives Bainter, Wise, Healey, Goode, Couch, Morroni,
Lynn, Futch, Constantine, Heyman, Merchant, Feren, Casey, Thrasher,
Kelly, Jones, Posey, Sanderson, Burroughs, Fasano, Ball, Crow, Lacasa,
and Edwards-
HB 1-A bill to be entitled An act relating to corrections; providing a
short title; creating s. 947.1461, F.S.; providing responsibilities of the
Control Release Authority of the Parole Commission and guidelines with
respect to release, or removal from the state, of specified aliens convicted
of felonies; providing legislative findings and intent; authorizing requests
for federal reimbursement for correctional costs for certain aliens;
providing definitions; prescribing rulemaking and contracting authority;
prohibiting a removed alien from reentering the state, and providing
penalties; amending s. 943.0535, F.S.; requiring the clerk of court to furnish
copies of records of felony convictions of aliens to the authority; amending

s. 944.091, F.S.; authorizing the Department of Corrections to accept
federal reimbursement for certain alien felons; directing the department

to cooperate with the United States Immigration and Naturalization
Service on certain matters involving aliens; providing an appropriation;
specifying applicability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representatives Jones and Bainter-
HB 3-A bill to be entitled An act relating to patient brokering; creating
s. 817.505, F.S.; specifying unlawful acts constituting patient brokering;
providing exemptions; providing criminal and civil penalties; providing for
injunctive relief; providing for actions by the Attorney General or state
attorneys; providing for recovery of certain expenses; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Constantine, Minton, Goode, Tobin, Geller,
Livingston, Roberts-Burke, Jacobs, Klein, Healey, Lynn, Bainter,
Merchant, Laurent, Smith, K. Pruitt, Maygarden, Turnbull, Meek,
Brown, Casey, Andrews, Greene, Betancourt, Bullard, Ball, B. Saunders,
Chestnut, Kelly, Starks, Couch, Trovillion, Sindler, Reddick, Heyman,
Posey, Feren, Warner, Morroni, Wasserman Schultz, Carlton, Culp, and
Davis-
HB 5-A bill to be entitled An act relating to access to local public
officials; creating s. 286.0115, F.S.; providing a definition; providing for
access to public officials; authorizing investigations and receipt of
information; requiring disclosure of ex parte communication; authorizing
local rules or procedures; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representatives Starks, Futch, Valdes, Kelly, Bainter, Rojas, Bitner,
King, Couch, Posey, Trammell, Miller, Stabins, Wise, Trovillion, Fuller,
Ogles, Lynn, Brooks, Ascherl, Tobin, Fasano, Arnall, Sembler, Jacobs,
Crady, Healey, Warner, Livingston, Ziebarth, Morroni, B. Saunders, Culp,
R. Wallace, Rodriguez-Chomat, Casey, Dennis, Sublette, Flanagan,
Greene, Constantine, and Maygarden-
HB 7-A bill to be entitled An act relating to refund of motor vehicle
impact fees; directing the Department of Highway Safety and Motor
Vehicles to refund the impact fee imposed on the initial application for
registration of a motor vehicle pursuant to s. 320.072(1)(b), F.S., from July
1, 1990, to June 30, 1991, plus interest; requiring that refunds of the impact
fee imposed on original certificates of title pursuant to s. 319.231, F.S.,
beginning July 1, 1991, include interest; providing for recovery of costs,
including attorney's fees; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

HB 9-Withdrawn

HB 11-Withdrawn

By Representatives Ogles, Villalobos, Wasserman Schultz, Constantine,
Sindler, Morroni, Fasano, and Bainter-
HB 13-A bill to be entitled An act relating to obscenity; providing a
short title; amending s. 772.102, F.S.; redefining the term "criminal
activity," for purposes of providing a civil remedy pursuant to ch. 772, F.S.,
to include reference to crimes chargeable under s. 847.0145, F.S., relating
to selling or buying of minors for obscenity purposes; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Child Abuse & Neglect, Select, and
Appropriations.

By Representatives Smith, Fasano, and Sanderson-
HR 15-A resolution encouraging observation of "A Fortnight of

Patriotism in Florida" during the period from June 14, 1995, to July 4,
1995.

26

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representatives Geller, Bainter, and Sanderson-
HB 17-A bill to be entitled An act relating to guardians; creating s.
744.1085, F.S.; providing for the regulation of for-profit guardians in
certain counties; providing a definition; providing for a bond; providing
educational requirements; providing for annual fiscal audits; increasing
certain guardianship fees to defray the costs of conducting annual audits;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Merchant, Sindler, Warner, Sanderson, Minton,
Greene, Sembler, Lynn, Rojas, Safley, Culp, Livingston, D. Saunders,
Rodriguez-Chomat, Ball, Bitner, Klein, Feren, Futch, Lippman, Bloom,
Miller, Ogles, Turnbull, Smith, Meek, Wise, Posey, Cosgrove, Andrews,
Spivey, Mackenzie, Arnold, Crow, Bainter, Wasserman Schultz, Ziebarth,
Eggelletion, Healey, Lacasa, and Upchurch-

HB 27-A bill to be entitled An act relating to road designations;
designating a portion of U.S. 27 in Palm Beach County as the "U.S.
Congressman Tom F. Lewis and State Representative Marian V. Lewis
Highway"; directing the Department of Transportation to erect suitable
markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

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

By Representatives Casey, Bainter, and Sanderson-
HB 19-A bill to be entitled An act relating to Medicaid provider fraud;
amending s. 409.910, F.S.; reversing and repealing 1994 amendments to
said section which broaden the scope of liability for which Medicaid
benefits must be repaid, and related issues; providing for retroactive
application; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Smith-
HB 21-A bill to be entitled An act relating to refrigerant recycling;
amending s. 325.222, F.S.; clarifying definitions; amending s. 325.223, F.S.;
requiring certification of certain establishments and mechanics;
prohibiting the addition of refrigerants under certain circumstances;
requiring sellers and distributors of refrigerants to maintain certain
records; authorizing sale or distribution of refrigerants to certified
technicians; providing penalties; deleting an exception; deleting
authorization for the Department of Environmental Protection to assess
a noncompliance fee; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance &
Taxation, and Appropriations.

By Representatives Clemons and Bainter-
HB 23-A bill to be entitled An act relating to public assistance fraud;
creating s. 409.3251, F.S.; creating a Stop Inmate Fraud Program within
the Division of Public Assistance Fraud of the Office of the Auditor
General; providing guidelines for the program; providing duties and
responsibilities of the division relating to procedures for sharing of
specified information on incarcerated persons with the Department of
Health and Rehabilitative Services, the Department of Labor and
Employment Security, and other governmental entities; providing for data
reports to the Child Support Enforcement Program of the Department of
Revenue and the Social Security Administration; providing reporting
requirements for state agencies and other governmental entities involved
in the program; providing legislative intent with respect to operation and
initial goals of the program; providing for creation of employee positions
and provision of support services by the division; providing an
appropriation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Laurent and Bainter-
HB 25-A bill to be entitled An act relating to state employees; creating
s. 110.1165, F.S., providing a procedure for state employees to receive
redress when the employing agency provides the employee with erroneous
written information which is relied upon by the employee; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Constantine and Feren-
HB 29-A bill to be entitled An act relating to public meetings;
amending s. 286.011, F.S., which requires that meetings of a board or
commission of any state or local agency at which official acts are to be taken
must be open to the public; requiring notice of such meetings; providing
a penalty for conduct outside the state which constitutes a knowing
violation of said section; amending s. 910.005, F.S.; providing state criminal
jurisdiction for such conduct; creating s. 910.16, F.S.; providing venue for
public meetings law violations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Wise, Lynn, Couch, Casey, Posey, Starks,
Burroughs, Bitner, Albright, Safley, R. Wallace, Johnson, K. Pruitt,
Brown, Bainter, Fasano, Arnold, Sanderson, Crow, Ogles, Morroni, Morse,
Fuller, Brooks, Rodriguez-Chomat, B. Saunders, Sembler, Turnbull,
Jones, Culp, King, Futch, Kelly, Mackey, Carlton, Bronson, D. Prewitt,
Thrasher, Hill, Garcia, Ziebarth, Lacasa, Warner, Flanagan, Maygarden,
Littlefield, Heyman, Andrews, Crady, Arnall, Merchant, Valdes,
D. Saunders, Smith, Constantine, Villalobos, Harris, Melvin, Barreiro,
Diaz de la Portilla, Laurent, Lawson, Gay, and Trovillion-
HCR 31-A concurrent resolution instructing Congress to cease and
desist mandates beyond the scope of its authority under the 10th
Amendment to the United States Constitution.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Rules & Calendar.

By Representatives Casey and Stafford-
HB 33-A bill to be entitled An act relating to drivers' licenses; creating
s. 322.2616, F.S.; prohibiting individuals under a specified age who have a
specified blood or breath alcohol level from operating a motor vehicle;
authorizing law enforcement officers or correctional officers to suspend the
driver's license of such a person who drives a motor vehicle with a specified
blood or breath alcohol level or while impaired or who refuses to submit
to a blood or breath alcohol test; providing for consent to be tested;
providing procedures; providing for review; providing for appeal to the
circuit court; providing an appropriation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Tobin-
HB 35-A bill to be entitled An act relating to county government;
amending s. 125.66, F.S.; authorizing boards of county commissioners of
charter counties to conduct certain public hearings at times other than as
specified by law under certain circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Governmental
Operations.

HB 37-Withdrawn

By Representatives Thrasher, Arnall, Bainter, Livingston, Littlefield,
Crow, Posey, Merchant, Brooks, Lynn, Culp, Maygarden, Lacasa,
Constantine, Sublette, Casey, Andrews, Upchurch, Wise, Safley, Bitner,
Ziebarth, and Valdes-

March 7, 1995

27

28 JOURNAL OF THE HOUSE

HB 39-A bill to be entitled An act relating to excise tax on documents;
amending s. 201.02, F.S.; providing that the tax on instruments relating to
real property does not apply to certain conveyances between spouses or
former spouses pursuant to an action for dissolution of marriage; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.

By Representatives Ogles, Thrasher, Villalobos, Feren, Constantine,
Brown, Fasano, and Casey-
HB 41-A bill to be entitled An act relating to sexual battery; providing
legislative findings and intent; amending s. 794.011, F.S.; clarifying the
definition of "consent" with respect to sexual battery offenses; amending
s. 794.022, F.S.; providing conforming evidentiary guidelines in sexual
battery cases; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Villalobos, Burroughs, Rodriguez-Chomat, Fasano,
Maygarden, Sanderson, Bainter, Posey, Futch, and R. Wallace-
HB 43-A bill to be entitled An act relating to sentencing; providing a
short title; amending s. 921.001, F.S., requiring an inmate sentenced for an
offense committed on or after a specified date to serve a specified percent
of his sentence unless pardoned or granted clemency; amending s. 944.275,
F.S.; prohibiting the reduction of an inmate's sentence by more than a
certain amount due to an award of incentive gain-time or meritorious gain-
time for an inmate sentenced for an offense committed on or after a
specified date; amending s. 947.146, F.S.; prohibiting the release of an
inmate under control release unless the inmate has served a specified
percent of his sentence; amending s. 947.149, F.S.; providing that an inmate
is ineligible for conditional medical release unless the inmate has served a
specified percent of his sentence; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections, Finance & Taxation, and
Appropriations.

By Representatives Wise, Healey, Merchant, Garcia, Morse, and
Crady-
HB 45-A bill to be entitled An act relating to motor vehicle
inspections; amending s. 325.203, F.S.; exempting new motor vehicles from
emission inspection requirements for a certain period of time; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources.

By Representatives Healey, Jacobs, and Sanderson-
HB 47-A bill to be entitled An act relating to collective bargaining;
amending s. 447.309, F.S.; revising language with respect to funding the
provisions of a collective bargaining agreement by the Florida Legislature;
creating s. 447.4095, F.S.; providing for negotiating the impact of a
financial urgency; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.
By Representative Geller-
HB 49-A bill to be entitled An act relating to public adjusters;
amending s. 626.854, F.S.; limiting authority of public adjusters who are
acting on behalf of or aiding an insured in negotiating or settling certain
claims; providing an exception; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Insurance.

By Representatives Futch, Fasano, and Sanderson-
HB 51-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.08, F.S.; removing a prohibition

]1

63.122, 63.125, 63.132, 63.135, 63.142, 63.152, 63.162, 63.165,63.167,63.172,
63.182, 63.185, 63.192, 63.202, 63.207, 63.212, 63.219, 63.222, 63.232, 63.233,
and 63.301, F.S., relating to adoption, and including those provisions
comprising the Florida Adoption Act; specifying applicability; providing an
effective date.

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

E OF REPRESENTATIVES March 7, 1995

against application of the exemption for machinery and equipment used
in new or expanding businesses to printing or publishing firms; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.
By Representatives Futch, Bainter, Fasano, and Posey-
HB 53-A bill to be entitled An act relating to lewd and lascivious
behavior; amending s. 800.04, F.S.; prohibiting eligibility for gain-time for
persons twice convicted of committing a lewd, lascivious, or indecent
assault or act upon or in the presence of a minor child; amending s.
775.0877, F.S.; correcting a cross reference, to conform; amending s.
944.275, F.S., relating to gain-time, to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Child Abuse & Neglect, Select, and
Appropriations.

By Representatives Futch, Casey, and Posey-
HR 55-A resolution relating to the rules of the House of
Representatives.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Geller-
HB 57-A bill to be entitled An act relating to Broward County;
providing for the relief of Nicholas Maracic; providing an appropriation to
compensate him for injuries sustained as a result of the negligence of
Broward County; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representative Tobin-
HB 59-A bill to be entitled An act relating to the City of Fort
Lauderdale; providing for the relief of Tyler G. Fontaine; providing an
appropriation to compensate him for losses suffered and other damages
sustained as a result of the negligence of the City of Fort Lauderdale;
providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

HB 61-Withdrawn

By Representatives Morroni and Fasano-
HR 63-A resolution encouraging observation of V-J Day on August 14,
1995.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Laurent-
HB 65-A bill to be entitled An act relating to adoption; creating ss.
63.1001-63.8106, F.S.; creating the "Uniform Adoption Act of 1995";
providing definitions; prescribing guidelines or time limits relating to
eligibility for adoption, naming of adoptees, legal relationships between
adoptees and adoptive or former parents, adoptees' rights, court
proceedings and jurisdictional recognition, placement of minors, and
adoption of stepchildren, adults, and emancipated minors; providing for
confidentiality of records; prohibiting or permitting specified activities in
connection with adoption; providing penalties; providing for application
and construction; repealing ss. 63.012, 63.022, 63.032, 63.042, 63.0425,
63.043, 63.052, 63.062, 63.072, 63.082, 63.085, 63.092, 63.097, 63.102, 63.112,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

By Representatives Lippman, Jones, and Heyman-
HB 67-A bill to be entitled An act relating to firefighters, paramedics,
and emergency medical technicians; providing legislative intent; creating
s. 112.181, F.S.; providing definitions; providing that a disability caused by
certain diseases shall be presumed to have been suffered in the line of duty
in certain circumstances and if certain conditions are met; authorizing
certain insurance contracts to include coverage for such disabilities;
requiring records to be kept of an employee's exposure to such disease;
requiring an employee to be notified of such exposure; providing for
confidentiality; providing a contribution rate increase to fund the act;
providing for construction; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Stafford and Bainter-
HB 69-A bill to be entitled An act relating to ad valorem taxation;
amending s. 193.461, F.S.; providing that a person who fails to timely file
an application for agricultural classification may petition the value
adjustment board to grant such classification; providing a fee; authorizing
the board or the property appraiser to grant the classification under certain
conditions; amending s. 193.052, F.S., to conform; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation, and Appropriations.

By Representatives Sindler, Kelly, Constantine, Laurent, Bronson,
Couch, D. Saunders, Rojas, Ogles, Bainter, Brennan, Chestnut, and
Reddick-
HB 71-A bill to be entitled An act relating to ad valorem taxation;
amending s. 193.441, F.S.; providing legislative findings and declaration;
amending s. 193.461, F.S.; providing for classification and assessment of
high-water recharge lands; providing procedures and requirements;
providing for appeals to the value adjustment board; specifying the factors
applicable to such classification; providing that counties that choose to
have a high-water recharge protection program must adopt an assessment
formula by ordinance; authorizing municipalities within such counties to
adopt such ordinances; amending ss. 193.052, 194.011, 194.032, 194.037,
195.073, and 195.096, F.S., relating to filing of returns, procedures of the
value adjustment boards, and classification of real property, to conform;
providing intent regarding application; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance &
Taxation, and Appropriations.

By Representatives Feren, King, Wasserman Schultz, Geller, Cosgrove,
K. Pruitt, Constantine, Bloom, Brown, Bainter, D. Prewitt, Rayson,
Miller, Livingston, Thrasher, Rodriguez-Chomat, Dennis, Heyman,

HB 73-A bill to be entitled An act relating to official court reporters;
creating s. 29.101, F.S.; providing a definition; providing that certain
actions by an official court reporter shall not constitute violations of
chapter 112, F.S.; providing for retroactive application; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representatives Healey and Bainter-
HB 75-A bill to be entitled An act relating to bingo; amending s.
849.0931, F.S.; revising provisions which regulate the conduct of bingo;
providing intent; providing definitions; providing that the Division of Pari-

mutuel Wagering shall supervise bingo activities and specifying powers and
duties of the division; authorizing the conduct of bingo by authorized
organizations; providing for use of bingo proceeds; providing requirements

and conditions for the conduct of bingo; requiring licensing or registration
of such organizations, operators of leased bingo facilities, and distributors
of bingo equipment; providing exemptions; providing for special event
licenses; providing for fees; providing limitations on prizes; providing
requirements regarding the location of games and the lease of premises;
providing requirements for records and reports; prohibiting certain
activities in connection with bingo; providing for revocation or denial of
licenses and registrations and administrative fines; providing a criminal
penalty; providing for injunctions; providing for deposit of moneys
collected in the Pari-mutuel Wagering Trust Fund; specifying that the
regulation of bingo is preempted to the state; providing an appropriation
and authorizing positions; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation, and Appropriations.

By Representatives Feren, Stafford, Wasserman Schultz, Arnold,
Morse, Thrasher, Posey, D. Prewitt, Miller, Starks, Rodriguez-Chomat,
Jacobs, Dennis, Constantine, Heyman, Spivey, Morroni, Greene,
Sanderson, Bainter, and Merchant-
HB 77-A bill to be entitled An act relating to driver licenses; amending
s. 322.26, F.S.; providing for the permanent revocation of the driver license
or driving privilege of a person who drives or is in actual physical control
of a motor vehicle while under the influence of alcoholic beverages or
controlled substances where manslaughter or the death of any person
occurs as a result of such operation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice.

By Representatives Sanderson, Lynn, Klein, Bloom, Mackenzie, Garcia,
Valdes, Peeples, Hafner, Brennan, Wise, Graber, Bainter, and Rodriguez-
Chomat-
HB 79-A bill to be entitled An act relating to elderly persons and
disabled adults; amending s. 90.803, F.S.; specifying conditions for
admissibility of certain hearsay evidence; creating s. 825.101, F.S.;
providing definitions; creating s. 825.102, F.S.; providing penalties for
abuse or neglect of an elderly person or disabled adult; creating s. 825.103,
F.S.; providing penalties for exploitation of such persons; creating s.
825.104, F.S.; prohibiting certain defense to prosecution; creating s.
825.105, F.S.; providing immunity from liability for certain good faith
assistance; creating s. 825.106, F.S.; providing for speedy trial in certain
proceedings; creating s. 825.107, F.S.; providing for appointment and
duties of an advocate for certain proceedings; providing certain immunity
from liability; amending ss. 39.001, 39.076, 110.1127, 242.335, 393.0655,
397.451, 400.512, 402.305, 409.175, 775.15, and 914.16, F.S., to conform;
repealing s. 415.111(3), (4), and (5), F.S., relating to penalties for abuse,
neglect, or exploitation of an elderly person or disabled adult; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.
By Representative Morse-
HB 81-A bill to be entitled An act relating to student records;
amending s. 228.093, F.S.; requiring the provision of student achievement
records to parents or guardians under certain circumstances; providing for
injunctive relief; amending ss. 240.233 and 240.321, F.S., relating to state
universities and community colleges; requiring certain information in
application for admission; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education.

HB 83-Withdrawn

By Representatives Valdes and Fasano-
HB 85-A bill to be entitled An act relating to motor vehicle license
plates; directing the Department of Highway Safety and Motor Vehicles
to develop a law enforcement enhancement license plate; providing for

taxes and fees; providing for use of fees; providing for the design of the
license plate; providing for a minimum number of applications prior to the

March 7, 1995

29

30

JOURNAL OF THE HOUSE OF REPRESENTATIVES

development of the plate; providing for deauthorization; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representatives Bush, Roberts-Burke, Garcia, Bullard, Morse, Hill,
Miller, Dennis, Meek, Eggelletion, Sublette, Greene, Heyman, Feren,
Bradley, Lawson, and Reddick-
HB 87-A bill to be entitled An act relating to education; providing for
a study of the assessment of culturally and linguistically diverse
populations; providing study requirements, operation, and funding;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representatives Thrasher, Wise, Smith, Upchurch, Fuller, Morroni,
Crist, Warner, Arnall, Brown, Merchant, Culp, Brooks, Maygarden, Bitner,
Bainter, Fasano, Sanderson, Livingston, Lacasa, Valdes, Constantine,
Sublette, Burroughs, Sembler, Morse, Casey, Andrews, Starks, Jones,
Ziebarth, Lynn, Ball, and Posey-
HB 89-A bill to be entitled An act relating to capital felonies;
amending s. 921.141, F.S.; providing an aggravating circumstance for
capital felony sentencing when the capital felon has committed or
attempted to commit aggravated child abuse or when the victim of the
capital felony is under 12 years old; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Child Abuse & Neglect, Select, and
Appropriations.

By Representative Reddick-
HB 91-A bill to be entitled An act relating to housing finance
authorities; amending s. 159.608, F.S.; authorizing housing finance
authorities to develop, lease, or sell real and personal property which they
own; authorizing housing finance authorities to charge certain fees;
creating s. 159.8075, F.S.; providing for qualified mortgage credit
certificates; authorizing housing finance authorities to issue qualified
mortgage credit certificates to qualified home buyers in accordance with
federal law as an alternative to the issuance pf single family mortgage
revenue bonds; amending s. 159.81, F.S.; providing for the use of a portion
of the state's private activity bond allocation for qualified mortgage credit
certificate programs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representatives Wise and Bainter-
HB 93-A bill to be entitled An act relating to postsecondary education;
creating s. 240.1535, F.S., relating to learning aids for disabled students in
state community colleges and universities; authorizing appropriation of
funds; providing definitions; providing for application for funds and
reimbursement; providing for rules; amending s. 216.136, F.S., relating to
consensus estimating conferences; requiring estimates of state community
college and university students needing learning aids; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representatives Morse, Cosgrove, Lacasa, Bloom, Heyman, Valdes,
Betancourt, Barreiro, Roberts-Burke, Rodriguez-Chomat, Garcia, and
Andrews-
HB 95-A bill to be entitled An act relating to limitations on criminal
actions; amending s. 775.15, F.S.; providing that in certain circumstances
the period of limitation does not run during specified times; specifying
applicability, and reenacting s. 119.011(3), F.S., to incorporate a reference

March 7, 1995

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

By Representative Ogles-
HB 97-A bill to be entitled An act relating to growth management;
amending s. 163.3167, F.S.; requiring that each county provide in its growth
management plan for the long-term availability of water supplies for
approved land development; amending s. 186.009, F.S.; providing for the
growth management portion of the state comprehensive plan to provide for
long-term availability of water supplies for approved land development;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water Policy, Select, and
Appropriations.

By Representatives Lippman, King, Tobin, Morse, Kelly, Peaden, Wise,
Fuller, Arnall, Thrasher, Casey, Goode, Couch, Sindler, Fasano, Morroni,
Miller, Johnson, Peeples, Harris, K. Pruitt, Barreiro, Bush, Garcia,
Valdes, Villalobos, Bloom, Lynn, and Jones-
HB 99-A bill to be entitled An act relating to health care; creating the
"Public Health and Health Care Administration Act of 1995"; providing
legislative intent that the Department of Health Care Services serve as the
single agency responsible for state health matters; amending s. 20.04, F.S.;
providing an exemption for the internal structure of the department;
creating s. 20.43, F.S.; establishing organizational structure of the
department; transferring powers, duties and functions, records, personnel,
property, appropriations, and rules of the Agency for Health Care
Administration from the Department of Business and Professional
Regulation to the department; repealing s. 20.42, F.S., relating to creation
of the agency; transferring powers, duties and functions, records,
personnel, property, appropriations, and rules relating to public health
matters, children's medical services, and alcohol, drug abuse, and mental
health services from the Department of Health and Rehabilitative Services
to the Agency for Public Health Services of the department; establishing
purpose and duties of the department; establishing respective advisory
councils for the Agency for Health Care Administration and the Agency for
Public Health Services; amending s. 408.003, F.S., relating to
establishment of the Health Care Board; amending s. 408.033, F.S.;
renaming the Statewide Health Council as the State Health Council;
providing for report to the Secretary of Health Care Services; expanding
council membership; amending ss. 455.01, 455.203, 455.205, 455.207,
455.208, 455.209, 455.211, 455.2141, 455.217, 455.2175, 455.218, 455.220,
455.2205, 455.221, 455.223, 455.224, 455.225, 455.2273, 455.2275, 455.228,
455.229, 455.232, 455.241, 455.243, 455.245, 455.26, and 455.261, F.S.;
conforming to the act general provisions relating to the regulation of
professions; transferring certain responsibilities from the Department of
Business and Professional Regulation and the Agency for Health Care
Administration to the Division of Medical Quality Assurance within the
Department of Health Care Services; transferring the Health Care Trust
Fund from the agency to the department; amending ss. 400.211, 457.102,
457.103, 458.305, 458.307, 459.003, 459.004, 460.403, 460.404, 461.003,
461.004, 463.002, 463.003, 464.003, 464.004, 465.003, 465.004, 466.003,
466.004, 467.003, 467.004, 468.1125, 468.1135, 468.1655, 468.1665, 468.352,
468.503, 478.42, 483.803, 483.805, 486.021, 486.023, 490.003, 490.004,
491.003, and 491.004, F.S.; conforming to the act provisions relating to the
regulation of health professionals; transferring responsibilities from the
Department of Business and Professional Regulation to the Division of
Medical Quality Assurance within the Department of Health Care
Services; amending s. 20.19, F.S.; deleting from provisions relating to the
Department of Health and Rehabilitative Services references to health
matters and responsibilities transferred to the Department of Health Care
Services; renaming the health and human services boards as human
services boards; amending s. 154.02, F.S.; transferring administration of
the Public Health Unit Trust Fund to the Department of Health Care
Services; amending s. 154.04, F.S.; revising procedure for appointment of
public health unit directors or administrators; repealing s. 20.165(2)(f) and
(3)(d), F.S., relating to the Division of Medical Quality Assurance of the
Department of Business and Professional Regulation; repealing s.
455.213(6), F.S., relating to duplicate requirements for physicians'
continuing education; repealing s. 455.2173, F.S., relating to examinations
provided by the Agency for Health Care Administration; providing for the
continuation of rules; providing for the effect of the act on pending judicial

thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

and administrative proceedings; providing severability; directing the
statute editors to prepare a reviser's bill; providing an effective date.

JOURNAL OF THE HOUSE]

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

HB 101-Withdrawn

By Representative Posey-
HB 103-A bill to be entitled An act relating to service of witness
subpoenas; amending s. 48.031, F.S.; prescribing method of service in
certain criminal cases; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Ball and Bainter-
HB 105-A bill to be entitled An act relating to Challenger license
plates; amending s. 320.0808, F.S.; specifying use for funds in the Center
for Space Education Trust Fund; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education, Finance & Taxation,
and Appropriations.

By Representatives Crow and Bainter-
HB 107-A bill to be entitled An act relating to patient records;
amending s. 395.3025, F.S.; providing limitations on the amounts that
hospitals and ambulatory surgical centers may charge for copies of patient
records; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care, Finance & Taxation, and
Appropriations.

By Representatives Gay and Bainter-
HB 109-A bill to be entitled An act relating to jurors; creating s.
40.272, F.S.; providing a short title; prohibiting disclosure of names and
addresses of jurors; providing an exemption from public records
requirements for such information; providing for review and repeal;
providing a statement of public necessity; providing criminal penalties for
violation of the act; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

HB 111-Withdrawn

By Representative Melvin-
HB 113-A bill to be entitled An act relating to public assistance;
amending s. 409.185, F.S.; requiring information to facilitate
determinations of paternity from certain persons who are eligible for aid
to families with dependent children; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representatives Smith, Littlefield, Brown, Fasano, and Casey-
HB 115-A bill to be entitled An act relating to veterans' preference in
employment; transferring and renumbering s. 295.15, F.S.; relating to
legislative intent; amending s. 295.07, F.S.; providing that a veteran must
have served at least 1 day during a wartime period to qualify for veterans'
preference; amending s. 295.08, F.S.; revising language with respect to
positions for which a numerically based selection process is utilized;
removing a monetary limitation with respect to certain classes of positions;
amending s. 295.085, F.S.; revising language with respect to positions for
which a numerically based selection process is not utilized; providing for
preference for certain veterans with service-connected disabilities;
amending s. 295.101, F.S.; revising language with respect to the expiration
of employment preference; amending s. 295.11, F.S.; revising language with
respect to investigative findings; deleting reference to the Department of
Management Services and providing reference to the Department of

Veterans Affairs; amending s. 295.14, F.S.; revising language with respect
to penalties; repealing s. 295.151, F.S., relating to the application of chapter

March 7, 1995

By Representative Bullard-
HB 129-A bill to be entitled An act relating to education; amending
s. 232.2462, F.S.; providing student requirements relating to the awarding
of credits for full-year courses; providing an effective date.

E OF REPRESENTATIVES 31

78-372, Laws of Florida, with respect to point preference to certain persons
in applying for employment; creating s. 295.155, F.S.; providing that
military retirement on the basis of longevity does not disqualify a person
from veterans' employment preference; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

By Representatives Stafford and Fasano-
HB 117-A bill to be entitled An act relating to victims of crimes;
amending s. 960.001, F.S.; providing for obtaining information for notifying
the victim of a crime of the release of the offender; requiring the chief
correctional officer of a county jail, municipal jail, juvenile detention
facility, or involuntary commitment facility to notify certain victims and
relatives of victims of the release on bail of the accused offender; providing
for notification of the victim if the accused or the offender is released from
custody in a jurisdiction other than the jurisdiction in which the warrant
was issued; requiring the chief correctional officer of a county jail,
municipal jail, juvenile detention facility, or involuntary commitment
facility to notify certain victims of the release of the offender; providing
immunity from liability based on a good-faith attempt to comply with
timely victim notification; defining the term "chief correctional officer";
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representatives Johnson, Littlefield, Fasano, Wise, Bitner, Fuller,
and Posey-
HB 119-A bill to be entitled An act relating to courses of study and
instructional aids; creating s. 233.0655, F.S.; authorizing district school
boards to allow teachers and administrators to read or post certain
writings, documents, and records related to American history; providing
for distribution of the section; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Sembler-
HB 121-A bill to be entitled An act relating to electric utilities;
amending s. 403.5272, F.S.; requiring municipally owned electric utilities
to notify affected local governments of certain proposed transmission line
routes; providing for public meetings; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Utilities & Telecommunications and
Appropriations.

By Representative Wasserman Schultz-
HB 123-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; redefining the term "special risk
member"; amending s. 121.0515, F.S.; adding to the Special Risk Class of
membership certain emergency medical technicians and paramedics;
providing legislative intent; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Laurent-
HM 125-A memorial to the Congress of the United States, urging it
to amend the Bankruptcy Code of 1978, 11 U.S.C. ss. 101-1330, relating to
local government revenue sources.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Finance & Taxation.

HB 127-Withdrawn

32 JOURNAL OF THE HOUSE

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

By Representatives Lippman, Jones, and Bainter-
HB 131-A bill to be entitled An act relating to the Florida Safety Belt
Law; amending s. 316.614, F.S.; eliminating obsolete language; providing
an exception to seatbelt usage; revising a fine; deleting language providing
for enforcement of the act only as a secondary action; amending s. 318.18,
F.S.; providing for a surcharge for violations; providing for the deposit of
the surcharge into the Trauma Services Trust Fund; providing for the use
of such funds; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representatives Posey, R. Wallace, Littlefield, Thrasher, Morroni,
Merchant, Bitner, Valdes, Bainter, Maygarden, Morse, Fasano, Sembler,
Casey, King, and Ball-
HB 133-A bill to be entitled An act relating to administrative
procedures; amending s. 120.54, F.S.; providing a penalty with respect to
an agency head who knowingly authorizes a rule which is beyond the
powers, functions, and duties delegated to the agency by the Legislature;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Finance & Taxation.

By Representatives Rayson and Heyman-
HB 135-A bill to be entitled An act relating to firefighters and
paramedics; creating s. 112.183, F.S.; providing that death or disability due
to cancer suffered by a firefighter or paramedic employed by the state or
its political subdivisions is presumed accidental and suffered in the line of
duty under certain conditions; authorizing purchase of insurance by local
governments; providing criteria for physical exams for firefighters and
paramedics; requiring employing agency to keep records and notify
firefighters and paramedics of their reported exposure to known
carcinogens; providing that firefighters and paramedics employed on the
effective date of the act need not comply with physical examination
requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Rayson-
HB 137-A bill to be entitled An act relating to public records and
meetings; providing an exemption from public records requirements for
patient records and other identifying information concerning a
complainant involved in a complaint to the statewide or a district managed
care ombudsman committee; providing an exemption from public meetings
requirements for that portion of an ombudsman committee meeting in
which such confidential information is discussed; providing for future
review and repeal; providing a finding of public necessity; providing a
contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Rayson-
HB 139-A bill to be entitled An act relating to managed health care;
creating s. 641.60, F.S.; providing definitions; creating the Statewide
Managed Care Ombudsman Committee; providing for membership,
powers, duties, staffing, and funding of the committee; requiring reports;
creating s. 641.65, F.S.; creating district managed care ombudsman
committees; providing for membership, powers, duties, staffing, and
funding of the committees; creating s. 641.70, F.S.; providing duties of the
Agency for Health Care Administration relating to the statewide and

district committees; creating s. 641.75, F.S.; providing committee members
immunity from liability for good faith action on behalf of an enrollee in a
managed care program; providing for public records and meetings;
providing that committee members shall not be required to testify on
certain matters; providing an effective date.

I

_ ___ _ _ _ ___ __ __ ___

amending s. 400.211, F.S.; expanding provisions relating to screening of
certified nursing assistants; providing penalties; amending s. 400.464, F.S.;
providing that offering or advertising home health services without a
license to provide such services or deceiving the public regarding the
license held is a violation of the Florida Deceptive and Unfair Trade

E OF REPRESENTATIVES March 7, 1995

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

By Representative Rayson-
HB 141-A bill to be entitled An act relating to insurance; amending
s. 627.409, F.S.; limiting the errors in an insurance application which may
bar recovery under the insurance coverage; providing that certain agent
errors in completing an application waive the insurer's right to deny
coverage; providing circumstances under which an insurer waives the right
to prevent recovery based on information produced by certain
investigations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Heyman-
HB 143-A bill to be entitled An act relating to adult protective
services; amending s. 415.101, F.S.; revising legislative intent under the
Adult Protective Services Act; providing for care and protection of all
vulnerable adults; amending s. 415.102, F.S.; revising definitions;
amending s. 415.103, F.S.; revising operation of the central abuse registry
and tracking system; creating s. 415.1034, F.S.; prescribing requirements
for mandatory reporting of abuse, neglect, exploitation, or death; creating
ss. 415.1035, 415.1036, F.S.; prescribing provisions relating to a facility's
duty to inform residents of the right to make reports and to immunity for
reporters; creating s. 415.1045, F.S.; providing requirements for protective
services investigations and transmittal of records to state attorneys;
providing for use of photographs, video tapes, medical examinations, and
X rays; providing for abrogation of privileged communications; providing
for confidential records and documents; providing for classification or
closure of records; amending s. 415.105, F.S.; revising requirements for
provision of protective services with consent or when consent is withdrawn;
deleting provisions relating to protective services for aged persons or
disabled adults who lack capacity to consent, or whose caregivers refuse
services, or in an emergency; creating s. 415.1051, F.S.; prescribing
requirements for provision of protective services when capacity to consent
is lacking; providing for nonemergency and emergency interventions;
providing for notice and hearings; providing for protective services orders;
specifying limitations; creating s. 415.1052, F.S.; prescribing procedures
relating to interference with an investigation or the provision of protective
services; creating s. 415.1055, F.S.; providing for notification of reports to
administrative entities and other persons and notification by law
enforcement and state attorneys; amending s. 415.106, F.S.; revising
requirements for cooperation between the Department of Health and
Rehabilitative Services and criminal justice and other agencies; creating s.
415.1065, F.S.; requiring certain records management; amending s. 415.107,
F.S.; revising provisions relating to confidentiality of reports and records;
creating s. 415.1075, F.S.; providing for administrative remedies; providing
for amendment or expunction of reports; providing for appeals; providing
for request to set aside a report due to excusable neglect or fraud; creating
s. 415.1099, F.S.; providing for waiver of certain filing fees; amending s.
415.1102, F.S.; revising provisions relating to adult protection teams and
services provided thereby; creating s. 415.1105, F.S.; providing for training
programs for adult protective services staff and persons required to report
abuse, neglect, or exploitation; amending s. 415.111, F.S.; revising and
expanding criminal penalties; creating s. 415.1111, F.S.; providing civil
penalties; providing for a private right of action for abuse, neglect, or
exploitation of a vulnerable adult; creating s. 415.1113, F.S.; providing for
administrative fines for false reporting; providing for allegations; providing
for notice and hearing; amending s. 415.113, F.S., relating to statutory
construction; transferring and renumbering s. 415.114, F.S., relating to
speedy trial in civil actions involving elderly parties; amending ss. 39.001,
39.045, 39.076, 39.411, 110.1127, 119.07, 242.335, 393.0655, 394.457,
395.3025, 397.451, 400.211, 400.414, 400.619, 402.305, 409.175, 415.504,
447.208, 447.401,464.018, 509.032, 744.474, 775.15, 943.0585, 943.059, F.S.;
revising standards for screening to conform to the act; conforming
terminology and correcting cross-references; providing for screening of
personnel of certain programs of the Department of Elderly Affairs;

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Practices Act; providing criminal penalties; amending s. 400.512, F.S.;
revising provisions relating to screening of home health agency personnel,
nurse registry personnel, sitters, companions, and homemakers; providing
procedure for exemption from disqualification; repealing ss. 415.104,
415.1085, and 415.109, F.S., relating to protective services investigations,
use of photographs, medical examinations, and X rays, and abrogation of
privileged communications in cases of abuse, neglect, or exploitation of
aged persons or disabled adults; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services, Finance &
Taxation, and Appropriations.

By Representatives Geller and Bainter-
HB 145-A bill to be entitled An act relating to pari-mutuel wagering;
amending s. 550.26352, F.S.; providing for the Breeders' Cup Meet;
authorizing pari-mutuel pools on thoroughbred horse races during the
meet; prohibiting the conduct of certain racing within a certain distance
of the facility at which the Breeders' Cup Meet is held during the meet;
providing tax benefits and credits; authorizing the broadcast of the races
conducted at the meet to other locations; providing for the commingling
of certain wagers; providing for rules; providing for the application of the
act in the event of certain statutory conflicts; repealing s. 550.26353, F.S.,
relating to tax credits and tax exemptions for certain permitholders;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation, and Appropriations.

By Representatives Johnson, Littlefield, Dennis, and Ogles-
HB 147-A bill to be entitled An act relating to the Tampa-
Hillsborough County Expressway Authority; amending s. 348.52, F.S.;
revising membership on the authority's governing board; providing for
expiration of terms of office of present board members; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation.

By Representatives Arnall, Ziebarth, Wasserman Schultz, Couch,
Johnson, Ascherl, and Bainter-
HB 149-A bill to be entitled An act relating to life insurance;
amending ss. 627.453 and 627.504, F.S.; providing an extended grace period
for payment of premium for certain persons; creating ss. 627.4555 and
627.5045, F.S.; requiring life insurance contracts for certain persons to
provide for specifying secondary addresses and addressees for certain
notice purposes; requiring insurers to provide such secondary addressees
certain notice of payment due or of possibility of lapse in coverage;
providing application; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Kelly-
HB 151-A bill to be entitled An act relating to clinical laboratories;
amending s. 483.035, F.S.; providing responsibility of the Agency for
Health Care Administration for personnel standards for exclusive-use
laboratories; amending s. 483.051, F.S.; revising provisions relating to
alternate-site testing; providing responsibility of the agency; deleting
requirements for consultation with the Board of Clinical Laboratory
Personnel; providing certain responsibilities of clinical laboratory
directors; directing the agency to solicit certain comments; specifying a
testing protocol; specifying minimum training and education for those who
perform testing; amending ss. 483.23, 483.800, 483.801, 483.803, and
483.813, F.S.; providing that provisions governing the regulation and
licensure of clinical laboratory personnel do not apply to persons engaged
in alternate-site testing or in testing performed at practitioners' exclusive-
use laboratories or laboratories that perform only waived tests; revising the
definition of "clinical laboratory personnel"; amending s. 483.26, F.S.;
requiring establishment of a technical advisory panel; providing
composition; amending s. 483.811, F.S.; deleting reference to board

responsibility for regulation of personnel in laboratories operated under s.
483.035(1), F.S.; providing an effective date.

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

By Representative Healey-
HB 153-A bill to be entitled An act relating to secondhand dealers;
amending s. 538.06, F.S.; providing that a secondhand dealer may accept
title in lieu of actual physical possession of a motor vehicle upon meeting
certain conditions; setting forth required conditions; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce.

By Representative Bush-
HB 155-A bill to be entitled An act relating to educational finance;
amending s. 236.081, F.S.; authorizing funding of certain children enrolled
in child care centers operated by district school boards; providing
restrictions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representatives Bainter and Fasano-
HB 157-A bill to be entitled An act relating to executions; amending
s. 922.09, F.S.; providing for continued effect of death warrants; amending
s. 922.06, F.S.; prescribing a period in which the date of execution of a death
sentence shall be set following dissolution of a stay of the sentence;
amending s. 922.07, F.S.; requiring the Governor to notify the Attorney
General when he lifts a stay of execution because the convicted person is
found to have the mental capacity to understand the nature of the death
penalty and why it is imposed upon him; amending s. 922.08, F.S.; requiring
the Governor to notify the Attorney General when he lifts a stay of
execution because the convicted person is found not to be pregnant;
amending s. 922.11, F.S.; requiring the appropriate medical examiner to
determine cause of death following an execution and to maintain certain
records; amending s. 922.12, F.S.; providing that the warrant shall be
returned to the Secretary of State rather than the Governor following
execution; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Bainter and Posey-
HCR 159-A concurrent resolution to urge the Federal Government to
control the National Debt.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Appropriations, and Rules
& Calendar.

By Representative Bainter-
HR 161-A resolution urging the Congress of the United States to cease
certain activities.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Rules &
Calendar.

By Representatives Warner, Klein, Merchant, and Sanderson-
HJR 163-A resolution proposing an amendment to Section 4 of
Article IX of the State Constitution relating to school districts.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation, and
Appropriations.
By Representatives Chestnut and Jacobs-
HB 165-A bill to be entitled An act relating to school-based services;
creating s. 230.2306, F.S.; providing for establishment of the Schools of the
21st Century Program; specifying child care and family support services
that may be offered; providing for program evaluation; providing method

of funding; providing for rules; providing for Medicaid reimbursement for
school-based health care services; requiring development of a plan and

March 7, 1995

33

34 JOURNAL OF THE HOUSE

specifying contents; providing for pilot projects; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation, and
Appropriations.

By Representative Stafford-
HB 167-A bill to be entitled An act relating to the Joint Legislative
Management Committee; amending s. 11.148, F.S.; directing the
committee to make certain information available to the public in electronic
form; providing means of access to such information; providing for
confidentiality of certain information; prohibiting certain fees; providing
that no action taken pursuant to the act shall alter or relinquish certain
rights; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation, Appropriations, and Rules & Calendar.

HB 169-Withdrawn

By Representative Healey-
HJR 171-A joint resolution proposing amendments to Sections 10 and
11 of Article V of the State Constitution relating to the selection of judges.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Thrasher-
HB 173-A bill to be entitled An act relating to impaired practitioners;
amending s. 455.261, F.S.; providing immunity from discovery in civil
actions for information on impaired practitioners obtained from
consultants and treatment providers under impaired practitioner
programs; providing applicability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Laurent-
HB 175-A bill to be entitled An act relating to litter; amending s.
403.413, F.S.; including the dumping of raw human waste within provisions
relating to the commercial dumping of litter and the burden of proof in
criminal trials under the "Florida Litter Law"; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Rojas-
HB 177-A bill to be entitled An act relating to criminal background
checks; providing legislative intent to implement the National Child
Protection Act of 1993, as amended; amending s. 943.05, F.S.; authorizing
the Division of Criminal Justice Information Systems of the Florida
Department of Law Enforcement to adopt rules prescribing criminal
background checks on persons employed by or volunteering with specified
public, private, for-profit, not-for-profit, or voluntary businesses or
organizations; providing for a not-for-profit qualified entity to request
such criminal background information without charge; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

HB 179-Withdrawn

By Representatives Bainter and Lynn--
HB 181-A bill to be entitled An act relating to health insurance;
creating s. 627.6691, F.S.; creating the "Florida Health Insurance

Portability Act"; providing for continuation of health insurance coverage
under group health benefit plans; providing definitions; providing
limitations and requirements; requiring notice in policies, contracts,
certificates, and plan booklets; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

]

financial reporting for court and justice system costs and revenues;
providing criteria; providing duties of the Comptroller; requiring a report;
creating the Committee on Trial Courts and Justice System Costs and
Revenues; providing duties of the committee; providing for membership;
providing an appropriation; providing an effective date.

E OF REPRESENTATIVES March 7, 1995

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

By Representative Chestnut-
HB 183-A bill to be entitled An act relating to educational technology;
providing legislative intent; creating councils and advisory boards;
providing for membership and administration; requiring a plan; providing
educational technology incentive awards; establishing criteria for
eligibility; providing for use of award funds; providing for reporting;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

HB 185-Withdrawn

By Representatives Feren, Wasserman Schultz, Geller, and Rayson-
HB 187-A bill to be entitled An act relating to the Code of Ethics for
Public Officers and Employees; amending s. 112.317, F.S.; providing for
costs plus reasonable attorney's fees incurred by a public officer or
employee against whom a complaint is lodged under the act under certain
circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives Fuller and Bainter-
HB 189-A bill to be entitled An act relating to the Florida Vessel
Registration and Safety Law; amending s. 327.25, F.S.; providing an
exemption from annual vessel registration fees for vessels owned and
operated by the Safe Harbor Haven, Inc.; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance &
Taxation, and Appropriations.

By Representatives Gay and Lynn-
HB 191-A bill to be entitled An act relating to driver licenses;
amending s. 322.08, F.S.; revising proof of identity with respect to the
application for a driver license; amending s. 322.09, F.S.; revising proof of
identity with respect to application of minors for a driver license; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representative Garcia-
HJR 193-A joint resolution proposing an amendment to Section 3 of
Article VII of the State Constitution relating to ad valorem taxation of
elderly persons' homestead property.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.

HB 195-Withdrawn

By Representative Crow-
HB 197-A bill to be entitled An act relating to actions for rent or
possession; amending s. 723.063, F.S.; including mobile home owners'
associations within provisions relating to defenses to certain actions;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representatives Crow and Warner-
HB 199-A bill to be entitled An act relating to judicial accounting;
creating s. 218.325, F.S.; providing for a uniform chart of accounts and

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

By Representatives Lynn, Culp, and Bainter-
HB 201-A bill to be entitled An act relating to state funds; amending
s. 215.31, F.S.; providing that revenue from administrative fines collected
or received by state agencies, officers, and employees must be deposited
into the State Treasury and credited to the General Revenue Fund for
appropriation out of that fund; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation, and Appropriations.

By Representatives Lynn, Culp, Wise, Starks, and Brooks-
HB 203-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.0515, F.S.; revising the penalty
imposed on vending machine operators who fail to timely file required
quarterly reports; removing the requirement that such penalty, and the
penalty for filing false information, accrue interest; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representative Ascherl-
HB 205-A bill to be entitled An act for the relief of Robert Lee
Wheeler; providing an appropriation to compensate him for attorney's fees
and costs associated with his defense of a charge of improper conduct;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representatives Lynn, Culp, and Brown-
HB 207-A bill to be entitled An act relating to the Florida Jobs Siting
Act; amending s. 403.953, F.S.; revising the eligibility requirements for
projects covered by the act; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Finance & Taxation.

By Representative Jacobs-
HB 209-A bill to be entitled An act relating to the Florida Clean
Indoor Air Act; amending s. 386.203, F.S.; redefining the term "public
place" to include all restaurants; providing a definition of the term
"restaurant"; amending s. 386.205, F.S.; prohibiting the designation of
smoking areas in restaurants; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Fuller and Fasano-
HB 211-A bill to be entitled An act relating to compulsory school
attendance; amending s. 232.09, F.S.; revising provisions relating to
parental responsibility for attendance of children; providing attendance
requirements; providing penalties; amending s. 232.19, F.S.; revising court
procedures and penalties with respect to enforcement of school attendance
laws; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representatives Morse and Lynn-
HB 213-A bill to be entitled An act relating to the Florida Education
Fund; amending s. 240.498, F.S.; revising the eligibility requirements to
require state residency for participation of minority students in the law
school and pre-law school scholarship loan programs; exempting current
loan recipients from the state residency requirement; deleting provisions

that have had their effect; improving clarity of current provisions;
providing an effective date.

35

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

By Representatives Morse, Rodriguez-Chomat, and Meek-
HB 215-A bill to be entitled An act relating to physician assistants;
amending s. 458.347, F.S.; revising provisions regulating physician
assistant programs for, and certification of, certain unlicensed physicians
who are foreign medical school graduates; increasing penalties applicable
to physician assistants relating to violations of the practice act or certain
other provisions regulating the practice of medicine; amending s. 459.022,
F.S., relating to physician assistants for osteopathic physicians; providing
penalties applicable to physician assistants relating to violations of the
practice act or certain other provisions regulating the practice of
osteopathy; amending s. 409.906, F.S.; correcting a cross reference;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Finance & Taxation.

By Representatives Posey, Futch, and Sembler-
HB 217-A bill to be entitled An act relating to state sovereignty;
providing a short title; providing legislative findings and intent; creating
the Constitutional Defense Council; providing membership, terms, and
powers and duties; providing for severability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Appropriations, and Rules
& Calendar.

By Representatives Posey and Fasano-
HB 219-A bill to be entitled An act relating to education; amending
ss. 230.23, 230.33, and 232.26, F.S.; requiring expulsion from school of a
student who makes a false accusation against a teacher; creating s. 741.25,
F.S.; providing for recovery of damages for certain false accusations;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Bradley-
HB 221-A bill to be entitled An act relating to postsecondary
education; amending s. 240.209, F.S.; requiring the Board of Regents to
develop standards for the role of student advocate at each university;
requiring review of plans; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education.

By Representatives Fasano, Wise, Fuller, Johnson, Burroughs, Bainter,
and Lynn-
HB 223-A bill to be entitled An act relating to capital felonies;
amending s. 775.082, F.S.; providing that persons 18 years of age or older
convicted of the capital felony of committing sexual battery upon a person
less than 12 years of age, or injuring the sexual organs of a person less than
12 years of age in an attempt to commit sexual battery, are ineligible for
parole; reenacting s. 794.011(2)(a), F.S., relating to sexual battery, to
incorporate said amendment in a reference; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Safley, Morroni, Bradley, and Jones-
HB 225-A bill to be entitled An act relating to the Palm Harbor
Special Fire Control District, Pinellas County; authorizing an increase in
ad valorem tax millage; providing a referendum.
First reading by publication (Art. III, s. 7, Florida Constitution).

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

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Kelly-
HB 227-A bill to be entitled An act relating to financial responsibility;
amending s. 324.201, F.S.; authorizing law enforcement officers to seize the
license plates of certain individuals; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice.

By Representatives Jones and Morroni-
HB 229-A bill to be entitled An act relating to municipal law
enforcement agencies; providing a definition; requiring the chief of police
of each municipal law enforcement agency to maintain at all times law
enforcement officers who can communicate with and respond to a law
enforcement officer who requests assistance; providing for liability in the
case of a violation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Rodriguez-Chomat-
HB 231-A bill to be entitled An act relating to corrections; amending
s. 947.146, F.S., relating to the Control Release Authority; prohibiting
establishment of a control release date for an inmate convicted of
committing or attempting to commit manslaughter, kidnapping, robbery,
carjacking, home-invasion robbery, or burglary involving assault or battery
or arms; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

HB 233-Withdrawn

By Representative Tobin-
HB 235-A bill to be entitled An act relating to the Florida Retirement
System; creating s. 121.1015, F.S.; directing the Division of Retirement to
establish a Deferred Retirement Option Plan; providing for eligibility;
providing for election; providing for amounts payable under the plan;
providing for distribution of accounts; providing for administration and
fees; providing for rules; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Tobin-
HB 237-A bill to be entitled An act relating to drug-free workplace
requirements; amending s. 112.0455, F.S.; prescribing qualifications of
laboratories that analyze specimens; requiring the Agency for Health Care
Administration to adopt rules relating to the drug testing of urine, hair,
blood, and other body specimens; amending s. 440.102, F.S.; prescribing
qualifications of laboratories that analyze specimens; requiring the
Department of Labor and Employment Security to adopt rules relating to
the drug testing of urine, hair, blood, and other body specimens; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representatives Stafford and Bainter--
HB 239-A bill to be entitled An act relating to restitution of crime
victims; amending s. 775.089, F.S.; imposing liability for court costs and
attorney's fees upon defendant when civil enforcement of restitution order
is necessary; providing for review at such time of the defendant's financial
resources by the criminal court; reenacting ss. 39.022(4)(c) and
960.001(1)(h), F.S., relating to jurisdiction and guidelines for fair
treatment of victims and witnesses in the criminal justice and juvenile
justice systems, to incorporate said amendment in references; providing an

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

Referred to the Committee(s) on Judiciary.

By Representatives Maygarden, Wise, Fasano, and Bainter-
HB 241-A bill to be entitled An act relating to disposition of
unclaimed articles; amending s. 715.065, F.S.; revising conditions under
which certain unclaimed articles may be disposed of after servicing by
jewelry stores or television or radio repair stores; requiring a written
estimate of time of service; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce.

By Representative Sembler-
HB 243-A bill to be entitled An act for the relief of Lori Burns, wife
of Samuel A. Burns, deceased; providing an appropriation to compensate
her for moneys paid into the Florida Retirement System by her husband,
Samuel A. Burns; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representative K. Pruitt-
HB 245-A bill to be entitled An act relating to illegal aliens;
prohibiting their receipt of public social services; prohibiting the
distribution of false documents to conceal true citizenship or resident alien
status; providing a penalty; prohibiting the use of false documents to
conceal a person's true citizenship or resident alien status; providing a
penalty; requiring law enforcement agencies of the state to perform certain
activities; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.
By Representatives Cosgrove, Merchant, and Reddick-
HB 247-A bill to be entitled An act relating to traffic control;
amending s. 316.003, F.S.; defining the term "traffic infraction detector";
amending s. 316.0745, F.S.; requiring approval of traffic infraction
detectors by the Department of Transportation; amending s. 316.008, F.S.;
providing counties and municipalities the authorization to contract with
private providers for traffic infraction detectors; providing for fines and
disposition thereof; amending s. 318.141, F.S.; authorizing traffic infraction
enforcement officers to issue tickets; creating s. 316.1971, F.S.; providing
for the use of traffic infraction detectors by counties and municipalities;
amending s. 320.03, F.S., to conform to the act; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representatives Lippman, Tobin, Jones, Wasserman Schultz,
Jacobs, Heyman, and Feren-
HB 249-A bill to be entitled An act relating to moving and storage;
creating part XII of ch. 559, F.S.; creating the "Florida Moving and Storage
Act"; providing a short title; providing purposes; providing applicability;
providing definitions; providing for registration, insurance, and bonding;
requiring estimates of certain costs; requiring a contract for service and a
disclosure statement for transportation by movers; specifying contents of
such contracts; providing criteria and procedures for estimates; making
certain activities by movers unlawful under certain circumstances;
providing a penalty; providing for payment of charges in excess of an
estimate; providing for preparation of an inventory under certain
circumstances; specifying acceptable forms of payment; requiring
transportation of goods with reasonable dispatch; providing for liability of
movers under certain circumstances; providing exceptions; requiring the
keeping of certain records; providing procedures for handling inquiries and
complaints; providing for a written statement of satisfaction; specifying the
contents of such statement; providing procedures for acknowledging
claims; providing for investigation of claims; providing for disposition of
claims; providing powers and duties of the Department of Agriculture and
Consumer Services; authorizing the department to adopt rules; providing

an effective date; specifying certain activities as grounds for certain
disciplinary action; authorizing the department to take certain disciplinary

36

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

action; authorizing the department to bring actions to enjoin certain
activities under certain circumstances; providing civil penalties; providing
for private remedies; providing for penalties; authorizing a Moving and
Storage Advisory Council; specifying unfair and deceptive trade practices;
providing for construction of provisions of the act; creating s. 205.1975,
F.S.; requiring a certificate to receive an occupational license; providing an
appropriation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representatives Warner and K. Pruitt-
HB 251-A bill to be entitled An act relating to emergency coastal
armoring; creating s. 161.085, F.S.; providing for emergency installation of
rigid coastal structures for certain purposes; authorizing the Department
of Environmental Protection to issue permits for such structures;
providing procedures; providing an exception; authorizing the department
to adopt rules for permitting such structures; providing a definition;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Bradley-
HB 253-A bill to be entitled An act relating to HIV/AIDS awareness;
authorizing counties to establish HIV/AIDS awareness programs;
requiring persons who are sentenced to probation or community control for
specified offenses committed in counties that have established HIV/AIDS
awareness programs to successfully complete a program; prescribing duties
of the Department of Health and Rehabilitative Services with respect to
certification of programs; providing for rules; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Albright-
HB 255-A bill to be entitled An act relating to pari-mutuel wagering;
amending s. 550.105, F.S.; authorizing the Division of Pari-mutuel
Wagering to adopt certain rules for occupational licensing; amending s.
550.334, F.S.; providing for the conversion of certain quarter horse permits
to thoroughbred permits; providing for intertrack wagering; providing for
requirements for applicants; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation, and Appropriations.

By the Committee on Governmental Operations; Representative
Lawson-
HB 269-A bill to be entitled An act relating to the confidentiality of
information maintained by the Department of Business and Professional
Regulation; amending s. 550.0251, F.S., which provides an exemption from
public records requirements for information obtained in connection with
investigations relating to pari-mutuel industry regulation; revising the
exemption and saving it from repeal; providing for future review and
repeal; amending s. 550.2415, F.S., which provides an exemption from
public records requirements for information relating to drug tests of racing
animals; saving such exemption from repeal; providing for future review
and repeal; amending s. 561.501, F.S.; removing an exemption from public
records requirements for records of compromises of the surcharge on sale
of alcoholic beverages for on-premise consumption; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation.

By the Committee on Governmental Operations; Representative
Lawson--
HB 275-A bill to be entitled An act relating to the confidentiality of
records of cholesterol screening centers; amending s. 483.619, F.S., which

provides an exemption from public records requirements for clinical
records of such centers; saving such exemption from repeal; providing for

future review and repeal; removing unnecessary language exempting
patient identities from public disclosure; repealing s. 483.621(2), F.S.,
which provides for confidentiality of records, reports, and documents
deemed confidential under law or regulation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care.

By the Committee on Governmental Operations; Representative
Lawson-
HB 277-A bill to be entitled An act relating to confidentiality of
professional golf hall of fame audit information; amending s. 288.1168, F.S.,
which provides an exemption from public records requirements for
information resulting from audits of such facility by the Department of
Revenue; saving such exemption from repeal; directing the department to
prepare a summary of such audit which is not exempt; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation.

By Representative Goode-
HB 297-A bill to be entitled An act relating to Medicaid provider
fraud; amending s. 409.910, F.S.; reversing and repealing 1994 amendments
to said section which broaden the scope of liability for which Medicaid
benefits must be repaid, and related issues; amending s. 624.424, F.S.;
conforming a cross-reference to changes made by the act; providing for
retroactive application; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Brennan-
HB 299-A bill to be entitled An act relating to health insurance;
amending s. 627.668, F.S.; requiring insurance coverage for serious mental
illness; providing a definition; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representatives Meek and Fasano-
HB 301-A bill to be entitled An act relating to motor vehicle theft;
amending ss. 39.042 and 39.044, F.S.; providing for use of detention under
specified conditions when a minor is charged with or found to have
committed grand theft of a motor vehicle; amending s. 39.0587, F.S.;
providing for prosecution as an adult; amending s. 921.0014, F.S.; providing
for multiplier effect of motor vehicle theft on sentencing guidelines;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Juvenile Justice and Appropriations.

HB 303-SF-Withdrawn

By Representative Martinez-
HB 305-A bill to be entitled An act relating to contracting; amending
ss. 489.103 and 489.503, F.S.; revising exemptions from regulation under
parts I and II of chapter 489, relating to construction contracting and
electrical and alarm system contracting, that apply to school boards, the
Board of Regents, and community colleges; revising an exemption from
regulation under part II of chapter 489, relating to electrical and alarm
system contracting, that applies to public utilities; amending s. 489.511,
F.S.; revising eligibility requirements for certification as an electrical or
alarm system contractor; amending s. 489.513, F.S.; revising registration
requirements for electrical contractors; amending ss. 489.539 and 553.19,
F.S.; updating a reference; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

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

March 7, 1995

37

38 JOURNAL OF THE HOUSE

By Representative Bullard-
HB 307-A bill to be entitled An act relating to construction liens;
creating s. 713.061, F.S.; providing defenses to liens; creating s. 713.065,
F.S.; providing for loss of right to a lien for certain persons; amending s.
713.31, F.S.; providing a penalty; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Bullard-
HB 309-A bill to be entitled An act relating to contractors; creating
s. 489.126, F.S.; prohibiting certain acts; providing a penalty; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation.

By Representative Andrews-
HB 311-A bill to be entitled An act relating to the state lottery;
amending s. 24.115, F.S.; revising the disposition of unclaimed prize money;
providing for distribution to a Department of Education direct-support
organization, school districts, the State Board of Community Colleges, and
the Board of Regents; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation, and Appropriations.

By Representatives Morse, Kelly, and Jones-
HB 313-A bill to be entitled An act relating to massage practice;
amending s. 20.165, F.S., relating to the Department of Business and
Professional Regulation; removing the Board of Massage from the Division
of Professions of the department; eliminating reference to the Division of
Medical Quality Assurance; amending s. 20.42, F.S.; placing the Board of
Massage Therapy under the Division of Health Quality Assurance of the
Agency for Health Care Administration; amending s. 480.033, F.S.;
renaming the Board of Massage as the Board of Massage Therapy; revising
the definition of "massage"; amending s. 480.034, F.S.; revising an
exemption from regulation of massage practice under chapter 480;
amending s. 480.035, F.S.; conforming terminology; amending s. 480.046,
F.S.; revising a ground for disciplinary action; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Mackenzie-
HB 315-A bill to be entitled An act relating to the Florida Life and
Health Insurance Guaranty Association; amending s. 631.271, F.S.; revising
the priority of distribution of claims from an insurer's estate; specifying
applicability; amending s. 631.713, F.S.; exempting certain policies and
contracts from part III of ch. 631, F.S.; amending s. 631.717, F.S.; providing
duties of the association; providing for alternative or reissued policies and
specifying obligations thereunder; amending s. 631.718, F.S.; revising
procedures for and limits on assessments by the association; specifying
applicability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance, Finance & Taxation, and
Appropriations.

By the Committee on Governmental Operations; Representative
Lawson-
HB 321-A bill to be entitled An act relating to confidentiality of home
health agency personnel screening information; amending s. 400.512, F.S.,
which provides an exemption from public records requirements for certain

information obtained in connection with screening home health agency,
nurse registry, and sitter, companion, or homemaker service personnel;
revising the exemption and saving it from repeal; providing for future
review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

E OF REPRESENTATIVES

Referred to the Committee(s) on Health Care.

March 7, 1995

By the Committee on Agriculture & Consumer Services; Representatives
Harris, Couch, Bronson, D. Saunders, Smith, K. Pruitt, Laurent, Peeples,
Sembler, Tedder, Minton, Wasserman Schultz, Morse, Fuller, Peaden,
Stabins, Posey, Ogles, Carlton, Futch, Greene, Bainter, and Bradley-

HB 325-A bill to be entitled An act relating to citrus; amending s.
601.15, F.S.; providing for future increased crops; revising tax schedules for
fresh grapefruit, processed grapefruit, fresh oranges, processed oranges,
and fresh tangerine and citrus hybrid fruit; providing that processed
tangerine and citrus hybrid fruit be taxed at the same rate as processed
oranges; deleting a provision which provides for specific segregation of
funds in the Citrus Advertising Trust Fund; repealing s. 601.156, F.S.,
relating to an additional excise tax of 2 cents per box upon each box of
oranges sold or delivered for processing and segregation of such funds in
the Citrus Advertising Trust Fund; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By the Committee on Agriculture & Consumer Services; Representatives
Harris, Couch, Bronson, D. Saunders, Smith, K. Pruitt, Laurent, Peeples,
Sembler, Tedder, Minton, Wasserman Schultz, Ziebarth, Morse, Fuller,
Peaden, Stabins, Posey, Ogles, Carlton, Futch, Greene, Bainter, and
Bradley-
HB 327-A bill to be entitled An act relating to citrus; amending s.
601.09, F.S.; changing citrus district boundaries; amending s. 601.091, F.S.;
renaming the "interior" production area as the "Florida SunRidge"
production area; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

By Representative Hill-
HB 329-A bill to be entitled An act relating to load management
control devices; amending s. 553.79, F.S.; subjecting load management
control device installation, replacement, removal, or metering to certain
permits and fees; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Meek-
HB 331-A bill to be entitled An act relating to operating a vehicle
while under the influence; amending s. 316.193, F.S.; extending the time
period for penalty provisions; providing for 48 hours of consecutive
incarceration; amending s. 322.2615, F.S.; providing for a 30-day temporary
permit; providing a time period during which certain persons whose
licenses have been suspended are not eligible to receive a driver's license;
amending s. 322.64, F.S.; providing for a 30-day temporary permit;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

HB 333-Withdrawn

HB 335-Withdrawn

By Representatives Villalobos, Healey, and Fasano-
HB 337-A bill to be entitled An act relating to criminal mischief;
amending s. 806.13, F.S.; requiring the court to revoke or suspend the
driving privilege, or eligibility therefore, of a minor convicted of committing
certain acts of criminal mischief; providing for the period of revocation or
suspension to be reduced by the performance of community service;
defining the term "community service"; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

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

By Representative Villalobos-
HB 339-A bill to be entitled An act relating to sanitation of schools;
amending s. 232.36, F.S.; requiring each school cafeteria to post its annual
sanitation certificate and its most recent sanitation inspection report at the
cafeteria entrance; deleting obsolete language; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education.

By Representative Valdes-
HB 341-A bill to be entitled An act relating to education; providing
for a pilot scholarship program in Dade County; providing for eligibility
and amount of scholarships; providing program requirements; requiring
annual reports and evaluations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation, and
Appropriations.

By Representative Mackenzie-
HB 343-A bill to be entitled An act relating to ad valorem tax
administration; amending s. 200.065, F.S.; specifying the taxable value to
be used to calculate ad valorem tax revenue in the prior year for purposes
of determining the rolled-back rate; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Stabins-
HB 345-A bill to be entitled An act relating to the Public Service
Commission; amending s. 367.171, F.S.; limiting the exclusive jurisdiction
of the Public Service Commission to certain utility systems; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Utilities & Telecommunications and
Appropriations.

By Representative Eggelletion-
HB 347-A bill to be entitled An act relating to neighborhood
preservation and enhancement; creating ss. 163.524 and 163.526, F.S.;
authorizing local governments to participate in the Neighborhood
Preservation and Enhancement Program; providing for designation or
creation of an enforcement agency; providing for creation of Neighborhood
Preservation and Enhancement Districts; providing for creation of
Neighborhood Councils; providing eligibility to receive grants from the
Safe Neighborhoods Program; providing for adoption of Neighborhood
Enhancement Plans; providing powers and duties of Neighborhood
Councils and enforcement agencies designated by local government,
including powers with respect to plan violations; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representatives Sanderson, Bloom, Ziebarth, and Jacobs--
HB 349--A bill to be entitled An act relating to adoption; amending s.
63.022, F.S.; declaring additional legislative intent; amending s. 63.032,
F.S.; providing definitions applicable to laws regulating adoptions;
amending s. 63.052, F.S.; providing that prospective adoptive parents
become legal custodians of a child pending finalization of adoption;
providing for removal of a child from an unsuitable home; amending s.
63.062, F.S.; prescribing certain obligations that must be met by the father
of a prospective adoptee in order to preserve his right of consent in an
adoption; amending s. 63.072, F.S.; providing for waiver of the requirement
that the parent must consent to the adoption of a child in certain
circumstances; prohibiting restriction of adoption based on physical

disability or handicap; prohibiting persons who are terminally ill or who
have been convicted of certain crimes from adopting; providing for

39

exceptions; amending s. 63.092, F.S.; revising requirements of the
preliminary home study and for certain records checks; amending s. 63.097,
F.S.; requiring court approval of certain fees of agencies; providing for
reimbursement of adoptive parents in certain circumstances; amending s.
63.102, F.S.; providing for filing a petition for adoption in the county in
which an adoption intermediary is located; amending s. 63.112, F.S.;
requiring certain information to be made part of, or to accompany, an
adoption petition; creating s. 63.123, F.S.; providing for notice of adoption
proceeding; creating s. 63.124, F.S.; providing for content and service of
notice; amending s. 63.125, F.S.; changing the time for filing the written
report of a final home investigation; amending s. 63.132, F.S.; requiring
agencies to file reports of expenditures and receipts; amending s. 63.162,
F.S.; requiring intermediaries and agencies to retain certain records and to
provide notice prior to closing of the location of said records; amending s.
63.182, F.S.; revising time period for appeal; renumbering and amending
s. 63.207, F.S.; providing for out-of-state placement of special needs
children; amending s. 63.212, F.S.; prohibiting persons from providing false
or misleading information about themselves when providing information
for completion of an adoption placement; prohibiting birth parents from
contracting with, or accepting benefits from, more than one agency or
intermediary; providing penalties; revising fees which intermediaries may
charge; correcting cross references; creating s. 63.215, F.S.; providing for
preplanned adoption arrangements; repealing s. 63.042(3) and (4), F.S.,
relating to who may adopt; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.

By the Committee on Criminal Justice; Representative Johnson-
HB 351-A bill to be entitled An act relating to public nudity;
amending s. 800.03, F.S.; prohibiting public nudity in certain
circumstances; limiting application to state parks; providing a definition;
providing penalties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Bainter-
HB 353-A bill to be entitled An act relating to taxation on greyhound
races; creating s. 550.09514, F.S.; providing for greyhound taxes; providing
for an abandoned interest in a permit for nonpayment of taxes; providing
for distribution of purses; providing for repeal; creating s. 550.09516, F.S.;
providing for a greyhound breeders program to be administered through
the Division of Pari-mutuel Wagering; providing for repeal under certain
circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation, and Appropriations.

By Representatives Ascherl and Lynn-
HB 355-A bill to be entitled An act relating to convention
development taxes; amending s. 212.0305, F.S.; increasing the rate of the
special district convention development tax, the special convention
development tax, and the subcounty convention development tax;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Cultural Affairs, Finance
& Taxation, and Appropriations.

HB 357-Withdrawn

By Representative Andrews-
HB 359-A bill to be entitled An act relating to transportation;
amending s. 165, ch. 92-152, Laws of Florida, relating to the Transportation
Efficiency Act of 1992; providing an exemption to s. 369.251, F.S.;
providing for the issuance of a permit for the cultivation of Australian pine
to the Town of Gulf Stream, Palm Beach County; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Community Affairs and
Transportation.

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Rojas-
HB 361-A bill to be entitled An act relating to road designations;
codesignating a portion of State Road 826 in the City of Hialeah as "Pal-
Med Avenue"; directing the Department of Transportation to erect
suitable markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Transportation,
and Appropriations.

By Representative Reddick-
HB 363-A bill to be entitled An act relating to electric vehicles;
amending s. 320.01, F.S.; refining the term "electric vehicle"; directing the
Department of Highway Safety and Motor Vehicles to develop a special
license plate for such vehicles; exempting such vehicles from license taxes
for a specified period; exempting sales of such vehicles from sales and use
taxes for a specified period; prohibiting insurers from imposing surcharges
on insurance premiums for such vehicles unless the Department of
Insurance finds the surcharges justified; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representatives Reddick, Morse, K. Pruitt, Mackenzie, Turnbull,
and Spivey-
HB 365-A bill to be entitled An act relating to geographic information
sharing; amending s. 282.403, F.S.; creating the Geographic Information
Council; providing purposes; providing a definition; providing for
membership; providing for meetings of the council; providing duties of the
council; requiring an annual report; repealing s. 282.402, Florida Statutes,
relating to the Florida Growth Management Data Communications
Network; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Andrews-
HB 367-A bill to be entitled An act relating to community
redevelopment agencies; creating s. 163.359, F.S.; providing that circuit
courts have jurisdiction to determine the validation of findings of necessity
and creation of such agencies; providing for the filing of a complaint by an
agency or its governing body and providing requirements with respect
thereto; providing for issuance of an order; providing duties of the state
attorney; providing for access to records; providing for notice and effect
thereof; providing for appeal; specifying effect of a final judgment;
providing for costs; specifying that status as a landowner or taxpayer in the
area seeking relief shall not disqualify a judge; creating s. 163.451, F.S.;
providing a limitation on actions to contest the validity of findings of
necessity and of the creation of an agency; repealing s. 163.380(3), F.S.,
which requires a county, municipality, or community development agency,
prior to disposing of real property in a community redevelopment area, to
give public notice and consider the resulting redevelopment or
rehabilitation proposals; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Rodriguez-Chomat--
HB 369-A bill to be entitled An act relating to felony penalties;
amending s. 921.141, F.S.; making it an aggravating circumstance for
purposes of capital felony sentencing that the victim of the capital felony
was under 11 years of age; creating s. 775.0826, F.S.; providing a mandatory
penalty of a minimum prison term of 20 years for murder in the second
degree, or 10 years for murder in the third degree, when the victim was

under 11; specifying applicability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

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

By Representative Futch--
HB 371-A bill to be entitled An act relating to child care facilities;
amending s. 402.3125, F.S.; requiring day care facilities to post citations
issued for disciplinary actions taken against them; requiring the posting of
such citations for a specified period after issuance; requiring day care
facility brochures to include a statement about how information on
disciplinary actions against the facility can be obtained; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative K. Pruitt-
HB 373-A bill to be entitled An act relating to administrative
procedures; creating s. 11.0755, F.S.; providing for legislative delegation of
rulemaking authority; amending s. 11.60, F.S.; increasing the membership
of the Administrative Procedures Committee; providing requirements for
a report; providing additional duties of the committee; amending s. 120.52,
F.S.; revising the definition of the term "agency" and "invalid exercise of
delegated legislative authority" for the purposes of the Administrative
Procedure Act; defining the terms "small city" and "small county" for the
purposes of the act; amending s. 120.535, F.S.; revising language with
respect to required rulemaking; amending s. 120.54, F.S.; revising
provisions with respect to the adoption procedures for rulemaking;
providing the elements of a rulemaking record; directing each agency to
review its existing rules and file a report; amending s. 120.545, F.S.;
deleting reference to economic impact statements in agency rules and
providing for a statement of estimated regulatory costs; revising language
with respect to the committee review of agency rules; amending s. 120.56,
F.S.; revising language with respect to the administrative determination of
a rule by a hearing officer; creating s. 120.562, F.S.; providing for the
burden of proof with respect to the validity of rules or proposed rules;
providing for attorney's fees and costs; amending s. 120.57, F.S.; revising
language with respect to formal proceedings which affect substantial
interests; providing for the award of reasonable attorney's fees and costs
under certain circumstances; amending s. 120.59, F.S.; clarifying language
with respect to orders; redefining the term "improper purposes"; amending
s. 120.68, F.S.; providing for the consolidation of review proceedings under
certain circumstances; providing for transfer; providing for the setting
aside of agency action or the remand of the case to the agency under certain
circumstances; providing for the setting aside of a hearing officer's final
order under certain circumstances; providing that the Legislature shall
review chapter 120, F.S., to consider changes to the chapter based on
certain circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Committee on Streamlining
Governmental Regulations, Select, Finance & Taxation, and
Appropriations.

HB 375-Withdrawn

HB 377-Withdrawn

By Representative Safley-
HB 379-A bill to be entitled An act relating to education; creating s.
236.1229, F.S.; requiring use of funds in the Florida School Improvement
and Academic Achievement Trust Fund to provide challenge grants and
matching endowment grants to district school boards; providing duties;
providing for allocation and matching of funds; requiring district trust
funds and providing duties of direct-support organizations; prohibiting
certain uses of funds; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Bradley-
HB 381-A bill to be entitled An act relating to education; amending
s. 228.2001, F.S.; requiring educational institutions to increase the number

of teachers and administrators from certain groups; providing for
enforcement by the Department of Education; amending s. 760.11, F.S.;

40

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

requiring the Commission on Human Relations to consider certain
grievances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representatives Bronson and Bainter-
HJR 383-A joint resolution proposing an amendment to Section 5 of
Article XI of the State Constitution relating to approval of constitutional
amendments.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

HB 385-Withdrawn

By the Committee on Governmental Operations; Representative
Lawson-
HB 387-A bill to be entitled An act relating to confidentiality of
human immunodeficiency virus test results of criminal offenders;
amending s. 775.0877, F.S.; repealing the exemption from public records
requirements for such test results; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care.

By Representative Fuller-
HB 389-A bill to be entitled An act relating to motor vehicles;
amending s. 325.203, F.S.; exempting certain motor vehicles from the
requirement of obtaining an annual inspection; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Flanagan-
HB 391-A bill to be entitled An act relating to public swimming and
bathing facilities; amending s. 514.011, F.S.; redefining the term "public
swimming pool" to eliminate certain types of housing currently included;
amending s. 514.0115, F.S.; providing that pools serving condominium or
cooperative units which are not operated as a public lodging establishment
shall be exempt from supervision as public swimming and bathing
facilities; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services.

By Representative Bronson-
HB 393-A bill to be entitled An act relating to ad valorem taxation;
amending s. 200.065, F.S., which provides requirements for determination
of millage by taxing authorities; providing for public announcement of
specified information relating to an adopted millage rate in lieu of public
reading of the millage-levy resolution or ordinance; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation, and Appropriations.

By Representative Safley-
HB 395-A bill to be entitled An act relating to trust funds; creating
the Florida School Improvement and Academic Achievement Trust Fund
within the Department of Education; providing for source of moneys and
purposes; providing for future review and termination or re-creation of the
fund; providing a contingent 'effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Sembler-
HB 397-A bill to be entitled An act relating to saltwater fisheries;
amending s. 370.06, F.S.; providing a moratorium on the issuance of

saltwater products licenses; providing conditions for the renewal or
replacement of certain active licenses; providing an effective date.

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

By Representative Eggelletion-
HB 399-A bill to be entitled An act relating to human health and the
environment; providing legislative intent; providing applicability;
providing definitions; creating the risk-based priority council; requiring
publication of a risk impact statement with certain rules; requiring a
certification with respect to such statement; providing construction;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Fuller-
HB 401-A bill to be entitled An act relating to veterans' affairs;
creating an award to be known as the Florida State Military Recognition
Cross; prescribing eligibility requirements; specifying duties of the
Department of Veterans' Affairs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

By Representative Warner-
HJR 403-A joint resolution proposing an amendment to Section 6 of
Article VII and the creation of Section 22 of Article XII of the State
Constitution relating to homestead exemption.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.

By Representative Ball-
HB 405-A bill to be entitled An act relating to memory disorder
clinics; amending s. 410.402, F.S.; specifying memory disorder centers to
receive state funding; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Mackenzie-
HB 407-A bill to be entitled An act relating to education; amending
s. 239.117, F.S., relating to postsecondary student fees; deleting provisions
relating to college-preparatory programs, to the Community College
Program Fund, and to community colleges; deleting certain requirements
of the State Board of Community Colleges relating to course fees;
amending s. 240.1201, F.S.; revising provisions relating to the loss of
resident tuition status; amending s. 240.307, F.S.; allowing members of the
State Board of Community Colleges to participate in health insurance
plans; amending s. 240.311, F.S.; eliminating a duty of the State Board of
Community Colleges to publish certain information from each community
college on progress towards meeting state and institutional quality goals;
amending s. 240.313, F.S.; allowing members of boards of trustees to
participate in health insurance plans; amending s. 240.319, F.S.;
authorizing the community college district boards of trustees to contract
for the purchase, lease, or acquisition of equipment by a lease, lease-
purchase contract, or installment contract under certain conditions;
amending s. 240.335, F.S.; eliminating a report by a community college
district board of trustees concerning programs to eradicate discrimination
in the granting of salaries to employees; amending s. 240.347, F.S.;
eliminating salary information in the legislative budget request; amending
s. 240.35, F.S.; revising provisions relating to the establishment of
community college fees; revising fee exemptions; providing requirements
for a student activity and service fee, an athletic fee, and a financial aid fee;
providing for fee committees, adoption of fees, use of fees, and reporting;
revising provisions relating to the capital improvement fee; providing
purpose of fees; amending s. 240.36, F.S.; revising provisions relating to the
Florida Academic Improvement Trust Fund for Community Colleges;

amending s. 242.65, F.S.; revising provisions relating to the Council for the
Florida School of the Arts; providing an effective date.

March 7, 1995

41

42 JOURNAL OF THE HOUSE

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

By Representative Eggelletion-
HB 409-A bill to be entitled An act relating to public records;
amending s. 119.07, F.S.; extending the exemption from public records
requirements for the social security numbers of state employees to all
current and former government agency employees; providing for future
review and repeal; providing a finding of public necessity; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations.

By Representative Morroni-
HB 411-A bill to be entitled An act relating to workers' compensation;
amending s. 627.072, F.S.; requiring the Insurance Commissioner to release
a complete rate schedule for workers' compensation insurance in advance
of their effective dates; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Rodriguez-Chomat-
HB 413-A bill to be entitled An act relating to sentencing; amending
s. 777.04, F.S., relating to attempts, solicitation, and conspiracy; raising the
offense severity ranking for the offense of criminal attempt or criminal
solicitation; amending s. 921.001, F.S., relating to the Sentencing
Commission and sentencing guidelines, generally; providing for application
of the 1983 sentencing guidelines with respect to specified felonies
committed prior to January 1, 1994, and continuing after that date;
amending s. 921.0011, F.S.; revising the definition of "primary offense" for
sentencing purposes; amending s. 921.0012, F.S., relating to the sentencing
guidelines offense levels and offense severity ranking chart; making
aggravated stalking a level 7 offense; making carjacking, without firearm
or weapon, a level 8 offense; making carjacking, with firearm or other
deadly weapon, and home invasion robbery level 9 offenses; amending s.
921.0013, F.S., relating to the ranking of unlisted felony offenses; revising
the severity levels for certain felonies of the first degree and for felonies
of the second or third degree; amending s. 921.0014, F.S., relating to the
sentencing guidelines worksheet computations and scoresheets; revising
the sentencing points assigned for specified primary offenses or additional
offenses, victim injury, prior record score, and legal status violation;
revising guidelines for use of multipliers by the court for certain primary
offenses which are drug trafficking offenses; authorizing the state attorney
to move the court to reduce or suspend sentence for a level 9 drug offender
providing substantial assistance; amending s. 921.0016, F.S., relating to
recommended sentences, departure sentences, and aggravating and
mitigating circumstances; revising criteria for departure sentences based
or aggravating or mitigating circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Bloom-
HB 415-A bill to be entitled An act relating to advanced registered
nurse practitioners; amending s. 458.348, F.S., eliminating advanced
registered nurse practitioners from a provision requiring physicians to
provide certain notice when entering into formal supervisory relationships,
standing orders, or established protocols with specified medical personnel,
including the provision governing the establishment of standards
applicable to such nurse practitioners entering into such protocols;
amending s. 464.003, F.S.; revising the definition of "advanced or
specialized nursing practice" to eliminate the joint committee created to
identify and approve medical acts that could be performed by advanced
registered nurse practitioners; amending s. 464.012, F.S.; revising
certification requirements for advanced registered nurse practitioners;

amending s. 464.013, F.S.; providing certain continuing education
requirements for advanced registered nurse practitioners; amending s.
893.02, F.S.; revising the definition of "practitioner" applicable to
provisions governing drug abuse prevention and control, to include
advanced registered nurse practitioners; providing an effective date.

i]

had any professional or occupational license, certificate, or registration
revoked, suspended, or otherwise acted against on the basis of sexual
misconduct in the practice of that profession or occupation from taking any
examination to qualify to practice a health care profession or from being
issued a license, certificate, or registration to practice a health care

E OF REPRESENTATIVES March 7, 1995

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

By Representative Arnold-
HB 417-A bill to be entitled An act relating to budgeting; exempting
the Knott Data Center and Projects, Contracts, and Grants from
requirements relating to legislative budget requests; providing funding
restrictions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Spivey-
HB 419-A bill to be entitled An act relating to motor vehicle liability
insurance; amending s. 627.736, F.S.; providing for exclusion from personal
injury protection coverage for certain persons under certain circumstances;
requiring certain insurance policy premiums to reflect such exclusions;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance.

By Representative Jones-
HB 421-A bill to be entitled An act relating to social and economic
assistance; directing the Department of Health and Rehabilitative Services
and the Agency for Health Care Administration to establish a fingerprint
matching identification system and a photo identification card for
recipients of food stamps, Aid to Families with Dependent Children, and
Medicaid; providing for determination of duplicate enrollments for
benefits; providing for notice, verification, and termination of benefits;
providing for review and amendment of data in the identification system;
providing for periodic system audits; authorizing requests for proposals
and award of contracts; providing a penalty for unauthorized disclosure;
providing for rules; requiring an annual report; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Jones-
HB 423-A bill to be entitled An act relating to public records;
providing an exemption from public records requirements for identifying
information regarding applicants for or recipients of food stamps, Aid to
Families with Dependent Children, or Medicaid in the automated
fingerprint identification system maintained jointly by the Department of
Health and Rehabilitative Services and the Agency for Health Care
Administration; providing for future review and repeal; providing a finding
of public necessity; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Clemons-
HB 425-A bill to be entitled An act relating to road designations;
designating a portion of U.S. Highway 98 in Bay County as the "Panama
City Beach Parkway"; designating a portion of State Road 392 in Bay
County as "Hutchison Boulevard"; directing the Department of
Transportation to erect suitable markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representatives Spivey and Brown-
HB 427-A bill to be entitled An act relating to the regulation of health
care professionals; creating s. 455.2142, F.S.; prohibiting a person who has

JOURNAL OF THE HOUSE

profession if the license, certificate, or registration to practice the former
profession or occupation was not fully reinstated; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representatives Lacasa and Morse-
HB 429-A bill to be entitled An act relating to reflexology; amending
s. 480.033, F.S.; providing definitions; creating s. 480.0481, F.S.; providing
for qualification, licensure, and provisional licensure of reflexologists;
providing fees; creating s. 480.0482, F.S.; establishing examination
requirements; providing for licensure by examination or without
examination for an interim period; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation,
Finance & Taxation, and Appropriations.

By Representative Garcia-
HB 431-A bill to be entitled An act relating to private investigative
services; creating s. 493.6204, F.S.; requiring the Division of Licensing of
the Department of State to adopt rules requiring certain continuing
education as a condition of license renewal for private investigators;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Minton-
HB 433-A bill to be entitled An act designating the St. Lucie Regional
Service Center as the Dr. Clem C. Benton Building; directing the
Department of Management Services to erect suitable signs; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations,
Appropriations, and Rules & Calendar.

By Representative Safley-
HB 435-A bill to be entitled An act relating to building designations;
designating the conference center building constructed for the Florida
Public Service Commission the "Betty Easley Conference Center;"
directing the Department of Management Services to erect suitable
markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations,
Appropriations, and Rules & Calendar.

By Representative Stabins-
HB 437-A bill to be entitled An act relating to state property;
directing the Board of Trustees of the Internal Improvement Trust Fund
to reconvey to Hernando County a certain tract of real property in that
county for a specified sum; providing a legal description of said property;
providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Natural
Resources, and Appropriations.

By Representatives Maygarden, Ritchie, Burroughs, and Melvin-
HB 439-A bill to be entitled An act relating to education; amending
s. 232.246, F.S., relating to high school graduation requirements; amending
s. 232.2465, F.S., relating to Florida Academic Scholars; providing that
completion of an International Baccalaureate curriculum satisfies certain

requirements; revising qualification standards; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

March 7, 1995

blood test; amending s. 327.3521, F.S.; providing a penalty for failing to
submit to a blood test when suspected of operating a vessel while under the
influence; amending s. 327.354, F.S.; specifying the blood-alcohol or
breath-alcohol level which constitutes a crime; providing for presumptions
relating to impairment to be based on blood-alcohol or breath-alcohol level

E OF REPRESENTATIVES 43

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

By Representative Mackey-
HB 441-A bill to be entitled An act relating to Madison County;
providing permanent status for certain employees of the Office of the
Madison County Sheriff; specifying rights of such employees; providing
procedures for appeal of disciplinary actions and complaints against
employees of the office of the sheriff; providing for the appointment of
boards to hear appeals and procedures with respect thereto; providing an
effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Governmental
Operations, and Appropriations.

By Representative Bitner-
HB 443-A bill to be entitled An act relating to sentencing; requiring
courts to state the dates projected for defendants to be released based upon
information provided by the Department of Corrections; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representative Bitner-
HB 445-A bill to be entitled An act relating to the Florida Prompt
Payment Act; amending ss. 218.73 and 218.74, F.S.; providing a separate
time period for the calculation of the time payment is due for construction
services by a local governmental entity; providing a separate procedure for
the calculation of the payment due date; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

By Representatives Flanagan and Crist-
HB 447-A bill to be entitled An act relating to operating a vehicle or
vessel while under the influence; amending s. 90.803, F.S., pertaining to
admissibility of evidence; revising a cross-reference to conform to changes
in the act; amending s. 316.193, F.S.; specifying the blood-alcohol or
breath-alcohol level which constitutes a crime; revising the penalty for a
second conviction for operating a vehicle while under the influence;
extending the time period for penalty provisions; providing for a minimum
period of consecutive incarceration; amending s. 316.1932, F.S.; providing
for implied consent to submit to a blood test to detect chemical substances
or controlled substances; providing for measurement of blood-alcohol or
breath-alcohol level; providing that a blood test may be conducted in an
ambulance or similar vehicle; amending s. 316.1934, F.S.; specifying the
blood-alcohol or breath-alcohol level which constitutes a crime; providing
for presumptions relating to impairment to be based on blood-alcohol or
breath-alcohol level; providing for admissibility of test results by the
traditional predicate for scientific evidence; amending s. 322.2615, F.S.;
providing for suspension of a driver's license for unlawful breath-alcohol
level; amending s. 322.62, F.S.; specifying the blood-alcohol or breath-
alcohol level which constitutes a crime; providing for measurements of
blood-alcohol or breath-alcohol level of commercial motor vehicle
operators; amending s. 322.64, F.S.; specifying the blood-alcohol or breath-
alcohol level which constitutes a crime; providing for transmission of
breath or urine test results; disqualifying operators of commercial motor
vehicles under certain circumstances; amending s. 327.35, F.S.; specifying
the blood-alcohol or breath-alcohol level which constitutes a crime;
revising the crime of operating a vessel while under the influence;
specifying that impairment to the extent that the operator is deprived of
full possession of normal faculties is unlawful; amending s. 327.352, F.S.;
requiring a vessel operator to submit to a blood test to determine the
presence of controlled substances if arrested for an offense committed
while under the influence; providing a penalty for failing to submit to a

44 JOURNAL OF THE HOUSE

amending s. 550.24055, F.S., pertaining to certain parimutuel-wagering
licensees; revising a cross-reference to conform to changes in the act;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Laurent and Ascherl-
HB 449-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.05, F.S.; exempting transactions in
excess of $500 from the tax on the sale of coins or currency; amending s.
212.08, F.S.; exempting sales of gold, silver, or platinum bullion in excess
of $500; providing for emergency rules; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representatives Sanderson, Wasserman Schultz, Ogles, Jacobs, and
Turnbull-
HB 451-A bill to be entitled An act relating to insurance coverage;
creating s. 627.4239, F.S.; requiring that insurers provide coverage in
certain insurance policies for certain drugs prescribed for the treatment of
cancer but not approved by the United States Food and Drug
Administration; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representatives Sanderson, Heyman, Culp, Brown, Villalobos,
Warner, Wasserman Schultz, Ogles, Jacobs, and Turnbull-
HR 453-A resolution designating October 1995 as Breast Cancer
Awareness Month.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Rules & Calendar.

By Representative Trammell-
HB 455-A bill to be entitled An act for the relief of Dawn Ann Spioch,
Kimberly A. Ziegler, a minor, by and through her parents and next friends,
James B. Ziegler and Jane Ziegler, and James B. Ziegler and Jane Ziegler;
providing an appropriation to compensate them for injuries and damages
sustained as a result of the negligence of the Department of
Transportation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims.

HB 457-Withdrawn

By Representatives Crist, Futch, Littlefield, Flanagan, Fasano, Culp,
Johnson, Morse, Jacobs, Barreiro, and Casey-
HB 459-A bill to be entitled An act relating to imitation firearms;
amending s. 39.044, F.S.; authorizing a court to detain a child prior to his
detention hearing if the child has been arrested for an offense involving an
imitation firearm; amending s. 775.087, F.S.; specifying felony
reclassifications and a mandatory minimum term of imprisonment if an
imitation firearm is used in the commission of any of specified felonies;
amending s. 790.001, F.S.; defining the term "imitation firearm" for
purposes of ch. 790, F.S., relating to weapons and firearms; amending s.
790.06, F.S., relating to licenses to carry concealed weapons or firearms;
revising a cross-reference to conform to renumbering by the act; amending
ss. 790.07, 812.13, F.S.; providing penalties for certain offenses involving
the use of an imitation firearm; amending s. 947.16, F.S.; providing that a
sentencing judge may retain jurisdiction over a person who is convicted of
any felony involving the use of an imitation firearm for purposes of
reviewing such person's prison release order; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

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

By Representatives Barreiro, Heyman, Valdes, Bloom, Villalobos, Meek,
Roberts-Burke, Sanderson, Graber, Rodriguez-Chomat, Lacasa, Morse,
Diaz de la Portilla, Rojas, Garcia, Horan, Betancourt, Geller, Rayson,

II

E OF REPRESENTATIVES March 7, 1995

Bush, Wasserman Schultz, Fasano, Andrews, Bainter, Jones, Arnall,
Littlefield, Maygarden, Bullard, Ball, D. Prewitt, Wise, Ziebarth, King,
Crow, Burroughs, Lynn, Crist, Stafford, Culp, Cosgrove, Thrasher, Bitner,
Flanagan, and Sublette-

HB 461-A bill to be entitled An act relating to career criminals;
creating the "Officer Evelyn Gort Career Criminal Act"; providing for
minimum mandatory terms of imprisonment for "career criminals," as
defined; providing a limitation on the period during which an offense is
considered a prior offense for purposes of sentencing a person as a career
criminal; authorizing the award of certain gain-time for a person sentenced
as a career criminal; providing that the requirements for sentencing career
criminals do not preclude imposing the death penalty in capital cases;
providing for early release of persons sentenced as career criminals when
extraordinary circumstances exist; amending s. 790.23, F.S.; providing a
minimum mandatory term of imprisonment for certain persons convicted
of unlawful possession of firearms, electric weapons or devices, or other
weapons; providing applicability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Feren-
HB 463-A bill to be entitled An act relating to tobacco products;
amending ss. 569.007, 569.008, 859.06, and 859.061, F.S.; increasing the age
at which a person may legally purchase or take delivery of tobacco
products; providing that it is unlawful for any person to misrepresent or
misstate his age or the age of another to procure tobacco products;
providing penalties; creating s. 859.065, F.S.; providing that it is unlawful
for any person under a certain age to have tobacco products in his
possession; providing exceptions; providing penalties; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice, Finance & Taxation,
and Appropriations.

By Representatives Burroughs, Andrews, Fasano, Fuller, Crow, Wise,
Bainter, Brooks, and Ziebarth-
HB 465-A bill to be entitled An act relating to driver licenses;
amending s. 322.271, F.S.; increasing the time period before which a person
may petition to have a driver license reinstated after it has been suspended,
revoked, canceled, or disqualified; providing for petition to the court rather
than the Department of Highway Safety and Motor Vehicles; deleting
reference to a DUI program licensed by the department; revising
timeframes for certain criteria; requiring the use of an interlock system;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Heyman, Graber, Feren, Meek, Villalobos,
Sanderson, Brown, Culp, Turnbull, Trammell, and King-
HB 467-A bill to be entitled An act relating to domestic violence;
amending s. 381.0038, F.S.; requiring the acquired immune deficiency
syndrome program to contain certain additional information related to
domestic violence; amending s. 415.603, F.S.; clarifying duties of the
Department of Health and Rehabilitative Services with respect to
domestic violence centers; requiring the department to promote
involvement of certified domestic violence centers under certain
circumstances; revising funding of a certain statewide association with
respect to domestic violence; amending s. 415.605, F.S.; providing
additional duties of domestic violence centers; creating s. 455.222, F.S.;
requiring certain licensing boards to require special education on domestic
violence for certain licensees; providing criteria; providing procedures;
providing penalties; requiring certain licensing boards to report to the
Legislature; amending s. 455.227, F.S.; providing for disciplining licensees
for failing to comply with certain educational requirements related to

domestic violence; amending s. 627.644, F.S.; prohibiting health insurers
or managed health care providers from engaging in certain activities
relating to domestic violence; providing for award of attorney's fees and
costs under certain circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

JOURNAL OF THE HOUSE]

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

By Representatives Lynn, Futch, Villalobos, Rodriguez-Chomat,
Morroni, Thrasher, Crist, Warner, Flanagan, Trammell, Upchurch, Diaz de
la Portilla, Ritchie, and Boyd-
HB 469-A bill to be entitled An act relating to habitual offenders;
amending s. 775.084, F.S.; adding the offenses of lewd or lascivious assault
or act in the presence of a child and aggravated stalking to the list of
previous convictions for which the court may penalize an offender as a
habitual violent felony offender; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Crist, Futch, Littlefield, Miller, Flanagan, Brown,
Bloom, Culp, Johnson, Morse, Jacobs, Barreiro, and Casey-
HB 471-A bill to be entitled An act relating to taxation of homes for
the aged; amending s. 196.1976, F.S.; providing that the provisions of s.
196.1975, F.S., relating to the ad valorem tax exemption for nonprofit
homes for the aged, are severable, rather than nonseverable; creating s.
196.1977, F.S.; providing an exemption for each apartment in certain
continuing care facilities occupied by a person who makes the apartment
his or her permanent home; providing procedures and requirements;
providing legislative intent; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Garcia-
HB 473-A bill to be entitled An act relating to the state correctional
system; amending s. 947.146, F.S.; prohibiting the early release of an
inmate under control release if the inmate is convicted, or has been
previously convicted, of committing or attempting to commit specified
violent offenses; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representative Martinez-
HB 475-A bill to be entitled An act relating to the Parole Commission;
amending ss. 947.04 and 947.22, F.S.; authorizing the chairman of the
commission to appoint law enforcement officers and limiting their
authority to matters over which the commission has jurisdiction; providing
for a bond; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representatives Lawson and Bainter-
HB 477-A bill to be entitled An act relating to postsecondary
education; creating s. 240.64, F.S.; authorizing a college of law under the
auspices of Florida Agricultural and Mechanical University; providing
authority to accept grants and other available funds; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative Barreiro-
HB 479-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.08, F.S.; providing an exemption for
film, paper, art and other supplies used to produce printed matter for
resale; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representative Sembler--
HB 481-A bill to be entitled An act relating to the Town of Indian
River Shores; providing for the relief of Charles Warmuth and Rita

Warmuth; providing an appropriation to compensate them for injuries
suffered due to an automobile accident; providing an effective date.

March 7, 1995

Criminal Justice Standards and Training Commission to adopt a form for
submission of the information; clarifying applicability; reenacting ss.
943.133, 943.139(2), 943.1395(6), and 943.19, F.S., relating to
responsibilities of employing agencies and the commission, officers'
affidavits-of-separation, reemployment or reappointment of officers, and

E OF REPRESENTATIVES 45

Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims.

By Representatives Mackenzie, Boyd, Carlton, Bronson, Littlefield,
Minton, Ogles, and Lawson-
HB 483-A bill to be entitled An act relating to elections; creating s.
99.132, F.S.; limiting the reasons for which a person who has qualified for
nomination or election to office may withdraw his or her candidacy;
prescribing the procedure for withdrawal; amending s. 100.111, F.S.;
prohibiting a political party from designating as a substitute nominee any
person who qualified as a candidate for any office to be filled at the ensuing
general election; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representatives R. Wallace, Davis, and Culp-
HB 485-A bill to be entitled An act relating to the tourist development
tax; amending s. 125.0104, F.S.; allowing any county that levies the tax to
use the tax proceeds for specified purposes relating to certain zoological
parks; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Cultural Affairs, Finance
& Taxation, and Appropriations.

HB 487-Withdrawn

By Representative Warner-
HB 489-A bill to be entitled An act relating to workers' compensation;
creating the "Florida No-fault Workers' Compensation and Employer
Liability Act"; providing a short title; providing legislative intent;
authorizing election of provisions of the act in lieu of application of chapter
440, F.S.; providing for notice of election; providing for revocation of
election; providing for notice to employees; providing definitions;
specifying benefits payable to employees; providing criteria; providing for
certain periodic medical evaluations; specifying accidental death and
dismemberment insurance coverage; requiring continuation of coverage for
employees under certain circumstances; specifying employer duties to
employees; providing for employer's defenses; providing for coworker
immunity; providing for notice of claims; limiting certain defenses by
employers under certain circumstances; specifying procedures for filing
and responding to claims; limiting expert witness testimony under certain
circumstances; providing for determination of comparative negligence
under certain circumstances; authorizing the Department of Insurance to
adopt rules requiring proof of insurance or financial responsibility;
providing for implementation and administration with reference to certain
provisions of the Workers' Compensation Law relating to waiver of
exemption, notice of exemption or acceptance, and waiver of exemption or
acceptance, coverage, specified activities within the course of employment,
drug-free workplaces, determination of pay, coercion of employees,
benefits as lien against assets, misrepresentation, fraudulent activities,
security for benefits, compensation for injuries when third parties are
liable, benefits notice, effect of unconstitutionality, proceedings against
the state, pooling liabilities, self-insured public utilities, local government
pools, administrative procedures, rulemaking, and coverage; providing
application to the Department of Insurance; authorizing the department
to adopt rules; providing penalties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Arnall-
HB 491-A bill to be entitled An act relating to law enforcement
officers; amending s. 943.13, F.S.; requiring applicants for law enforcement
or correctional officer positions to provide background information on
previous separations from employment or appointment; authorizing the

46 JOURNAL OF THE HOUSE

continued employment of officers, respectively, to incorporate said
amendment in references thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice.

By Representative Wise-
HM 493-A memorial urging full concurrent receipt of military
longevity retired pay and service-connected disability compensation
benefits.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Rules &
Calendar.

By Representatives Tobin, Sanderson, Graber, Logan, Morse,
Eggelletion, Rayson, Diaz de la Portilla, Garcia, Kelly, Bush, Cosgrove,
Dawson, Trammell, Barreiro, and Albright-
HB 495-A bill to be entitled An act relating to services provided under
Medicaid; amending s. 409.906, F.S.; allowing the Agency for Health Care
Administration to pay for certain outpatient dialysis services; amending s.
409.908, F.S.; prescribing the amount of the reimbursement allowed to the
provider of certain outpatient dialysis services; replacing the term
"department" with the term "agency" to conform to changes made by s. 4
of ch. 94-299, Laws of Florida; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Chestnut, Graber, Albright, Casey, Thrasher, Kelly,
King, Upchurch, Boyd, Culp, Davis, and Jones-
HB 497-A bill to be entitled An act relating to public records;
providing an exemption from public records and public meetings
requirements for university health services support organizations;
providing for future review and repeal; providing a finding of public
necessity; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Stabins-
HB 499-A bill to be entitled An act relating to the Florida Life and
Health Insurance Guaranty Association; creating s. 631.720, F.S.;
authorizing member insurers to offset assessments against premium or
income tax liabilities; amending s. 631.718, F.S.; conforming a cross-
reference; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance, Finance & Taxation, and
Appropriations.

By Representatives Miller, Hill, Greene, D. Prewitt, and Dennis-
HB 501-A bill to be entitled An act relating to uniform traffic control;
amending s. 316.2015, F.S.; prohibiting certain minors from riding within
the body of a pickup truck or flatbed truck; providing an exception;
providing a cross reference to s. 316.613, F.S., with respect to certain
minors; providing a penalty; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representatives Chestnut, Graber, Albright, Casey, Thrasher, Kelly,
King, Upchurch, Boyd, Culp, Davis, and Jones--
HB 503-A bill to be entitled An act relating to state universities;
creating s. 240.2995, F.S.; authorizing the establishment of university

I[

health services support organizations; providing requirements; requiring
Board of Regents' rules; requiring postaudits; providing that reports and
meetings shall be public records; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

E OF REPRESENTATIVES March 7, 1995

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

By Representatives Mackey, Rodriguez-Chomat, and Crady-
HB 505-A bill to be entitled An act relating to education; authorizing
individual district school boards by resolution to allow invocation or
benediction at specified secondary school-related events; providing
legislative intent; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representatives Meek and Roberts-Burke-
HB 507-A bill to be entitled An act relating to the City of Hallandale;
providing for the relief of Deborah Brown, mother of Ramon Turnquest,
deceased; providing an appropriation to compensate her for the death of
Ramon Turnquest; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representatives Miller, Hill, Chestnut, Eggelletion, Logan, Rayson,
Culp, D. Prewitt, Dennis, Greene, and Meek-
HB 509-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.055, F.S.; authorizing school boards to
levy a school capital outlay surtax; requiring referendum approval;
providing requirements for such levy; providing for use of the proceeds;
requiring any school board imposing the surtax to freeze noncapital local
school property taxes for a specified period; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Educational Facilities, Select, Finance
& Taxation, and Appropriations.

By Representatives Miller, Hill, Greene, D. Prewitt, Dennis, and
Meek-
HB 511-A bill to be entitled An act relating to community colleges;
amending s. 240.311, F.S.; requiring the State Board of Community
Colleges to develop guidelines for the conduct of employee grievances and
complaints alleging discrimination; providing procedures relating to
internal review, arbitration, formal and informal hearings, and appeals;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By the Committee on Governmental Operations; Representative
Lawson-
HB 513-A bill to be entitled An act relating to confidentiality of
records of citizen support organizations of the Game and Fresh Water Fish
Commission; amending s. 372.0215, F.S., which provides an exemption
from public records requirements for the identity of donors to such
organizations; saving such exemption from repeal; providing an exemption
for the identity of prospective donors; providing for future review and
repeal; providing a finding of public necessity; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representative
Lawson-
HB 515-A bill to be entitled An act relating to confidentiality of
records and meetings of the Florida Endowment Foundation for
Vocational Rehabilitation; amending s. 413.615, F.S., which provides
exemptions from public records requirements for the identity of donors to
the foundation and for confidential client and applicant records; saving
such exemptions from repeal; providing an exemption for the identities of

prospective donors; providing exemptions from public meeting
requirements for meetings of the foundation during which the identities of
donors or prospective donors, or of such clients or applicants, are discussed;
providing for future review and repeal; providing a finding of public
necessity; providing an effective date.

JOURNAL OF THE HOUSE]

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representative
Lawson-
HB 517-A bill to be entitled An act relating to confidentiality of
taxpayer information shared under the Registration Information Sharing
and Exchange Program; reenacting s. 213.0535(5), F.S., which provides an
exemption from public records requirements for such information which
is confidential by law; saving such exemption from repeal; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation.

By the Committee on Governmental Operations; Representative
Lawson-
HB 519-A bill to be entitled An act relating to confidentiality of
information relating to persons supplying certain information to the
Department of Revenue; reenacting s. 213.30(3), F.S., which provides an
exemption from public records requirements for the identity of persons
who supply information relating to a violation of tax laws; saving such
exemption from repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation.

By the Committee on Governmental Operations; Representative
Lawson-
HB 521-A bill to be entitled An act relating to confidentiality of
information relating to the Florida Prepaid Postsecondary Education
Expense Program; amending s. 240.551, F.S., which provides an exemption
from public records requirements for the identity of donors to the direct-
support organization for the program; saving such exemption from repeal;
revising the exemption for other records of the organization and saving it
from repeal; reenacting s. 240.551(6)(f), F.S., which provides an exemption
from public records requirements for certain information relating to
purchasers or beneficiaries under the program; saving such exemption from
repeal; providing for future review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representative
Lawson-
HB 523-A bill to be entitled An act relating to confidentiality of
records of statewide community college direct-support organizations;
amending s. 240.3315, F.S., which provides an exemption from public
records requirements for the identity of donors to such organizations;
saving such exemption from repeal; providing an exemption for the
identity of prospective donors; removing an exemption for other records of
such organizations; providing for future review and repeal; providing a
finding of public necessity; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representative
Lawson--
HB 525-A bill to be entitled An act relating to confidentiality of
information relating to dropout and graduation rates; amending s.
232.2468, F.S., which provides an exemption from public records
requirements for such information shared between the Florida
Department of Education and the United States Department of Education;
revising the exemption and saving it from repeal; providing for future
review and repeal; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

March 7, 1995

By Representative Casey-
HJR 537-A joint resolution proposing an amendment to Section 8,
Article IV of the State Constitution, relating to clemency.
First reading by publication (Art. III, s. 7, Florida Constitution).

E OF REPRESENTATIVES 47

By the Committee on Governmental Operations; Representative
Lawson-
HB 527-A bill to be entitled An act relating to information relating
to licensure of reinsurance intermediaries; amending s. 626.7492, F.S.;
removing a requirement that the Department of Insurance provide a
summary of the basis for its refusal to issue a reinsurance intermediary
license, and the requirement that such summary be exempt from public
records requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance.

By the Committee on Governmental Operations; Representative
Lawson-
HB 529-A bill to be entitled An act relating to confidentiality of
records relating to the contract audit program of the Department of
Revenue; amending s. 213.28, F.S., which provides for applicability of
confidentiality requirements to certified public accountants who contract
with the department; saving such exemption from repeal; revising an
exemption from public records requirements for certain information
obtained from the Internal Revenue Service and saving the exemption
from repeal; deleting an increased penalty provision; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation.

By the Committee on Governmental Operations; Representative
Lawson-
HB 531-A bill to be entitled An act relating to confidentiality of
certain audited financial statements submitted to the Department of
Banking and Finance; reenacting s. 494.0021, F.S., which provides an
exemption from public records requirements for such statements
submitted by a mortgage broker or mortgage lender; saving such exemption
from repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representative
Lawson-
HB 533-A bill to be entitled An act relating to confidentiality of
information held by county tourism promotion agencies; amending s.
125.0104, F.S., which provides an exemption from public records
requirements for trade secrets, booking business records, and the identity
of certain persons and entities held by such agencies in counties levying the
local option tourist development tax; revising the exemption and saving it
from repeal; providing for future review and repeal; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation.

By the Committee on Governmental Operations; Representative
Lawson-
HB 535-A bill to be entitled An act relating to confidentiality of
records of the Education Success Incentive Program direct-support
organization; amending s. 228.502, F.S., which provides an exemption from
public records requirements for the identity of donors to the organization;
saving such exemption from repeal; providing an exemption for the
identity of prospective donors; providing for future review and repeal;
providing a finding of public necessity; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

By Representatives Sublette, Sindler, Constantine, Couch, and
Trovillion-
HB 539-A bill to be entitled An act relating to crime prevention;
creating s. 775.0837, F.S.; authorizing a county to adopt an ordinance
imposing specified fines upon criminal offenders; authorizing the court to
order defendants to pay the fines under certain circumstances; providing
for collection of the fines by the clerk of court; providing for separate
accounting of the fines as crime prevention funds by the county; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice, Finance & Taxation,
and Appropriations.

By Representatives Kelly, Jones, Goode, Miller, Mackey, Tobin, Morse,
Andrews, Morroni, Lippman, and K. Pruitt-
HB 541-A bill to be entitled An act relating to health care; amending
ss. 408.706 and 627.419, F.S., and creating s. 641.3151, F.S.; deleting
provisions governing recruitment and retention of health care providers in
a community health purchasing alliance district; providing free choice to
subscribers to certain health care plans, and to persons covered under
certain health insurance policies or contracts, in the selection of specified
health care providers; prohibiting coercion of provider selection; specifying
conditions under which any health care provider must be permitted to
provide services under a health care plan or health insurance policy or
contract; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care.

By Representative Kelly-
HB 543-A bill to be entitled An act relating to psychotherapeutic
services; amending ss. 627.6471 and 627.6472, F.S.; requiring insurers to
provide eligibility criteria for providers of psychotherapeutic services
under certain circumstances; requiring insurers to include such providers
within certain networks and to provide reasonable access by insureds to
such providers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance.

By Representatives Ascherl and Gay-
HB 545-A bill to be entitled An act relating to health insurance;
amending s. 627.4233, F.S.; clarifying certain provisions relating to the
definition of total disability; amending s. 627.6561, F.S.; limiting certain
preexisting condition requirements to specified group health insurance
policies; authorizing certain group policies to exclude coverage for
preexisting conditions under certain circumstances; revising a time
limitation for coverage of preexisting conditions; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Wasserman Schultz-
HB 547-A bill to be entitled An act relating to personal injury
protection benefits; amending s. 627.732, F.S.; clarifying a definition;
amending s. 627.736, F.S.; deleting a requirement that an insurer include
a binding arbitration provision in certain policies; requiring physicians to
physically examine an injured person for purposes of certain reports;
amending s. 627.739, F.S.; authorizing a named insured to elect a
deductible under certain limited circumstances; specifying application of
a deductible amount; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representatives Jones, Hafner, Morroni, Culp, and Morse--
HB 549-A bill to be entitled An act relating to medical practice;

amending s. 458.3145, F.S.; revising requirements for issuance of medical
faculty certificates; revising provisions relating to certificate renewal;

providing for the rights and responsibilities of certificateholders;
prohibiting discrimination against certificateholders in the granting of
certain staff membership, clinical privileges, or other credentials; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation,
Finance & Taxation, and Appropriations.

By Representatives Ziebarth, Sembler, Peaden, Fuller, D. Saunders,
Burroughs, Couch, Greene, Wasserman Schultz, and R. Wallace-
HB 551-A bill to be entitled An act relating to Florida produce;
amending s. 287.082, F.S., relating to competitive bids, to provide that
preference be given to food produced within the state; reenacting s.
585.89(2), F.S., relating to the purchase of beef and pork, to incorporate
said amendment in a reference; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Miller, Hill, Greene, D. Prewitt, Dennis, and
Meek-
HB 553-A bill to be entitled An act relating to crime prevention;
creating the Crime Prevention and Intervention Demonstration/Pilot
Project; providing legislative intent; providing for establishment of
program districts and district advisory committees; prescribing guidelines
for mandatory and optional program services and activities; prescribing
contractual responsibilities of the Department of Juvenile Justice with
respect to the program, and providing for a contracting organization;
providing budget authority; providing an appropriation; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Juvenile Justice and Appropriations.

By Representative Spivey-
HB 555-A bill to be entitled An act relating to water and wastewater
utility rates; amending s. 367.081, F.S.; prohibiting the Florida Public
Service Commission from including in a utility customer's rates or charges
certain expenses or returns on investments related to certain property;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Utilities & Telecommunications and
Appropriations.

By Representatives Bloom, Sindler, Valdes, Crist, Futch, and Brown-
HB 557-A bill to be entitled An act relating to criminal penalties;
amending s. 775.0823, F.S.; providing for increase and certainty of
penalties for persons convicted of murder, manslaughter, kidnapping,
aggravated battery, and aggravated assault of spouses and children of law
enforcement or correctional officers, state attorneys or assistant state
attorneys, or justices or judges, and reenacting ss. 921.0014(1) and
947.146(3)(k), F.S., relating to sentencing guidelines and Control Release
Authority, to incorporate said amendment in references thereto; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative B. Saunders-
HB 559-A bill to be entitled An act relating to Collier County;
establishing and organizing a municipality to be known and designated as
the City of Pelican Bay in said county; defining territorial boundaries;
providing for government, jurisdiction, elections, administrative code,
procedure, powers, franchises, immunities, privileges, and means for
exercising the same; prescribing the general powers to be exercised by said
city; providing prohibitions; providing procedures for filling vacancies in
office; providing for a city council, mayor, vice mayor, city manager, and
city attorney; providing for initial election; providing for compensation;

providing for ordinances; providing for budget adoption; providing for
independent financial audits; providing for amendments to city charter;

48

March 7, 1995

providing for referendum petitions; providing severability; providing for a
referendum; providing a schedule; providing for county ordinances and
services during transition period; providing effective dates.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Governmental
Operations, Finance & Taxation, and Appropriations.

By Representative Sembler-
HB 561-A bill to be entitled An act relating to traffic offenses;
amending s. 316.1935, F.S.; revising the penalty imposed for the offense of
fleeing or attempting to elude a law enforcement officer; requiring that a
person convicted of such offense be sentenced to a minimum term of
imprisonment; deleting the fine imposed on a person convicted of such
offense; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Posey-
HB 563-A bill to be entitled An act relating to real estate brokers and
salespersons; amending s. 475.42, F.S.; prohibiting persons from operating
as a broker or salesperson on behalf of a buyer except by written agreement
disclosed to all parties; providing penalties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

49

carryforward of unexpended funds appropriated to state attorneys and
public defenders; providing a limit on the amount carried forward;
providing restrictions on the expenditure of such funds; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Posey-
HJR 573-A joint resolution proposing the creation of Section 20 of
Article III of the State Constitution relating to legislative approval of
agency rules.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Committee on Streamlining
Governmental Regulations, Select, Finance & Taxation, Appropriations,
and Rules & Calendar.

By Representative Jacobs-
HB 575-A bill to be entitled An act relating to platting; amending s.
177.071, F.S., which provides requirements for approval of plats by
governing bodies; providing that any inconsistent provision in an ordinance
of any charter county or consolidated government shall prevail over such
requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

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

By Representative Trammell-
HB 565-A bill to be entitled An act relating to air pollution; amending
s. 403.0872, F.S.; requires the Department of Environmental Protection to
exempt certain facilities from certain permit requirements under certain
circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance &
Taxation, and Appropriations.

By Representative Harris-
HB 567-A bill to be entitled An act relating to the Florida Air and
Water Pollution Control Act; creating s. 403.08735, F.S.; establishing a
state generic bubble rule that will eliminate the need for case-by-case
federal determinations on individual emissions trades as an individual
State Implementation Plan revision; allowing emissions trading within a
single source to the full extent not prohibited by federal law and consistent
with the 1986 EPA Emissions Trading Policy Statement; providing
legislative intent; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Arnall-
HB 569-A bill to be entitled An act relating to human
immunodeficiency virus; amending s. 381.004, F.S.; providing that a
general medical consent meets informed consent requirements for human
immunodeficiency virus (HIV) testing; amending s. 384.25, F.S.; requiring
physician reporting of HIV infection to the county public health units;
revising reporting requirements; revising requirements for county public
health unit reporting of HIV infection to the State Health Officer;
amending s. 384.31, F.S.; requiring offer of HIV testing to pregnant women;
providing for objection to testing; limiting liability of the attending
practitioner with respect to the birth of an HIV-infected child to a mother
who objected to testing; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Trammell and Thrasher-
HB 571-A bill to be entitled An act relating to state attorneys and
public defenders; amending ss. 27.38 and 27.60, F.S.; expanding budget
transfer authority of state attorneys and public defenders; providing for

By the Committee on Corrections; Representative Sindler-
HB 577-A bill to be entitled An act relating to corrections; amending
s. 943.325, F.S., relating to blood specimen testing of criminals for DNA
analysis; revising requirements for submission of blood specimens by
persons convicted of specified offenses or attempted offenses; defining
those persons subject to such requirements; providing for supervision of
such blood testing; prescribing court authority, powers and duties of
custodial facilities and appropriate agencies, and guidelines and time limits
with respect to such blood testing; permitting the use of reasonable force
under specified circumstances; precluding civil or criminal liability of law
enforcement officers, correctional officers, and specified medical personnel
in connection with duly authorized blood withdrawal and analysis;
amending s. 948.03, F.S.; providing for orders requiring specified offenders
to submit to blood testing as a condition of probation, community control,
or other community supervision; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Spivey-
HB 579-A bill to be entitled An act relating to workplace health and
disability insurance; amending s. 440.38, F.S.; authorizing employers to
provide for health and disability insurance under a community health
purchasing alliance as an alternative to workers' compensation insurance;
prohibiting lump sum payments for disability under certain circumstances;
providing for compensation through the Division of Unemployment
Compensation of the Department of Labor and Employment Security for
certain employees covered under health insurance obtained from a
community health purchasing alliance; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By the Committee on Judiciary; Representatives Trammell and Roberts-
Burke-
HB 581-A bill to be entitled An act relating to the Article V Task
Force; amending chapter 94-138, Laws of Florida; providing for additional
task force members; extending the period of service of task force members;
providing for an additional report and reappropriating unexpended funds;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

50 JOURNAL OF THE HOUSE

Referred to the Committee(s) on Appropriations.

By the Committee on Governmental Operations; Representative
Lawson-
HB 583-A bill to be entitled An act relating to the confidentiality of
information collected pursuant to the Whistle-blower's Act; amending s.
112.3188, F.S., which provides exemptions from public records
requirements for identities of informants and investigatory information
held by the Chief Inspector General and agency inspectors general; revising
the exemptions and saving them from repeal; providing for future review
and repeal; providing for applicability of a penalty; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

By Representatives Cosgrove, Roberts-Burke, Chestnut, Lippman,
Upchurch, Miller, Bloom, Rojas, Tobin, Frankel, Meek, Garcia, Boyd,
Dawson, Turnbull, Martinez, Reddick, Mackey, Albright, Hafner,
Mackenzie, and Jones-
HB 585-A bill to be entitled An act for the relief of Jean Sadowski;
providing an appropriation to compensate her for losses suffered and other
damages sustained as a result of the negligence of the Department of
General Services; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representative Andrews-
HB 587-A bill to be entitled An act relating to sexual battery; creating
The Child Protection Act; authorizing the court to sentence a defendant
to undergo pharmacological treatment if the defendant is convicted of
certain sexual-battery offenses against a child under a specified age;
prohibiting the failure or refusal to appear for or allow the pharmacological
treatment; providing penalties; providing for severability of provisions
held invalid; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Child Abuse & Neglect, Select, and
Appropriations.

By Representative Rojas-
HB 589-A bill to be entitled An act relating to motor vehicle leases;
amending s. 322.38, F.S.; requiring lessees of motor vehicles to execute a
waiver or other legal instrument, at the time of the lease, indicating that
the lessee agrees to be responsible for all traffic citations issued with
respect to the vehicle during the period of the lease; authorizing the rental
company to collect such fines or fees; authorizing a processing fee;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representatives Livingston, Harris, Trovillion, and Fasano--
HB 591-A bill to be entitled An act relating to driver licenses;
amending s. 322.03, F.S.; deleting language permitting a person to have a
driver license issued by another jurisdiction in addition to a Florida license;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation.

By Representative Jacobs--
HB 593-A bill to be entitled An act relating to smoking; creating s.

386.212, F.S.; prohibiting smoking on, in, or near school property;
providing a definition; authorizing certain law enforcement officers to issue
citations for violations; providing a civil penalty; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

]

who establish ,s screening process for applicaic for thie position f Dirfc:;or
of Personnnel; providing an effective date.
Proof of ipjblictiorn of the eq-.ired notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

E OF REPRESENTATIVES March 7, 1995

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

By Representative Rojas-
HB 595-A bill to be entitled An act relating to labor regulations;
creating part II of chapter 448, F.S.; creating the "Labor Pool Act";
providing legislative intent; providing definitions; providing exclusions;
providing duties and rights with respect to labor pools; providing
rulemaking authority for Department of Labor and Employment Security;
providing remedies; requiring certificates of registration; providing for
issuance of certificates; providing for revocation, suspension, or refusal to
renew; prohibiting certain contracts; providing penalties; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representatives Jones, Bradley, Crow, Safley, Brennan, and
Morroni-
HB 597-A bill to be entitled An act relating to St. Petersburg Junior
College, Pinellas County; providing for the District Board of Trustees of
the college to levy up to one-half mill tax per year for 2 years in Pinellas
County; providing for a referendum election; providing for assessment and
collection; providing that the proceeds of the tax levy shall not reduce state
funding for St. Petersburg Junior College; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Morroni-
HB 599-A bill to be entitled An act relating to the Board of Juvenile
Welfare, Pinellas County; amending chapter 23483, Laws of Florida, 1945,
as amended; providing that any member of the board of county
commissioners of Pinellas County, Florida, may serve as a member of the
Board of Juvenile Welfare; amending chapter 65-2101, Laws of Florida, as
amended; raising the petty cash account limitation; providing an effective
date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Juvenile
Justice.

By Representative Merchant-
HB 601-A bill to be entitled An act relating to the South Indian River
Water Control District, Palm Beach County; amending chapter 71-820,
Laws of Florida; authorizing the Board of Supervisors of the South Indian
River Water Control District to receive real and personal property for
recreational purposes for land within the District lying East of Canal 18 of
the South Florida Water Management District only; providing an effective
date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Natural
Resources.

By Representative Morroni-
HB 603--A bill to be entitled An act relating to the Pinellas County
Unified Personnel System Board, Pinellas County; amending chapter 77-
642, Laws of Florida; adding the tax collector to the group of appointing
authorities to whom the act applies; adding the Tax Collector to the roup
of constitutional officers who, as a body, appoint two members to the
Personnel Board; adding the Tax Collector to the group of appoi, inL;
authorities who determine the rate of compensatidjo for Per noel Board
members; adding the Tax Collector to the group of appointing authorities

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

By the Committee on Governmental Operations; Representative
Lawson-
HB 605-A bill to be entitled An act relating to confidentiality of
records relating to the family services response system; amending s.
415.50175, F.S., which provides an exemption from public records
requirements for records of the Department of Health and Rehabilitative
Services under the system; revising the exemption and saving it from
repeal; providing for future review and repeal; revising requirements
relating to access to such records for research or statistical purposes;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representative
Lawson-
HB 607-A bill to be entitled An act relating to confidentiality of
information under the recovery network program for educators; amending
s. 231.263, F.S., which provides exemptions from public records
requirements for information relating to participants in the program;
saving such exemptions from repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By Representative Johnson-
HB 609-A bill to be entitled An act relating to prepaid limited health
service organizations; amending s. 636.018, F.S.; providing that all filings
made shall be subject to the time periods contained in s. 627.410(2), F.S.;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Johnson-
HM 611-A memorial to the Congress of the United States, applying
to Congress to call a convention for the purpose of proposing a balanced
budget amendment to the Constitution of the United States.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Johnson-
HB 613-A bill to be entitled An act relating to impact fees; creating
the Florida Development Impact Fee Act; providing policy; providing
definitions; authorizing a local government that has adopted a capital
improvements element as part of its comprehensive plan to impose
development impact fees as a condition of development approval by
ordinance; specifying effect of payment of such fees; providing standards
and requirements for such ordinances; requiring appointment of an
advisory committee; providing requirements for ordinance adoption;
requiring that certain credits be given against such fees; providing
requirements for maintenance of, and accounting for, fee revenues, and for
expenditure thereof; providing procedures and requirements for refunds;
providing for appeals; authorizing intergovernmental agreements;
requiring that local ordinances and resolutions be brought into
conformance with the act within a specified period; superseding conflicting
laws; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Lacasa-
HB 615-A bill to be entitled An act relating to limitations on actions;
amending s. 95.051, F.S., relating to tolling of the statute of limitations;
removing an exception with respect to tolling for a medical malpractice
claim due to the minority or incapacity of the person entitled to sue;

amending s. 95.11, F.S.; revising guidelines with respect to the limitations
period for actions for medical malpractice; specifying the period for

51

bringing such actions when the cause of action arose with respect to a minor
under age 5; reenacting s. 627.745(1)(b), F.S., relating to mediation of
claims, s. 766.106(4), F.S., relating to notice before filing action for medical
malpractice, and s. 768.28(13), F.S., relating to waiver of sovereign
immunity in tort actions, to incorporate the amendment to s. 95.11(4)(b),
F.S., in references thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Valdes and Lippman-
HB 617-A bill to be entitled An act relating to sentencing; repealing
s. 921.001, F.S., relating to the Sentencing Commission and sentencing
guidelines, generally; abolishing the Sentencing Commission; eliminating
certain general provisions with respect to the sentencing guidelines;
repealing s. 921.05, F.S., relating to sentencing criteria; providing
discretion in sentencing to the trial judge; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Burroughs and Lynn-
HB 619-A bill to be entitled An act relating to driving under the
influence of alcohol or drugs; amending s. 316.193, F.S.; requiring the court
to notify a defendant that his vehicle may be forfeited in certain instances
of a conviction of driving under the influence; creating s. 316.1939, F.S.;
providing circumstances under which a vehicle involved in such offense is
subject to forfeiture; amending s. 327.35, F.S.; requiring the court to notify
a defendant that his vessel may be forfeited in certain instances of a
conviction of driving a vessel under the influence; providing circumstances
under which a vessel involved in such offense is subject to forfeiture;
amending s. 932.701, F.S.; defining the term "contraband article" for
purposes of the Florida Contraband Forfeiture Act to include a vehicle or
vessel used in the course of the offense of driving under the influence;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Spivey-
HB 621-A bill to be entitled An act relating to abused persons;
amending s. 395.0197, F.S.; providing certain staffing requirements for
internal risk-management programs; requiring the investigation and
reporting of an allegation of sexual misconduct at certain health care
facilities; prohibiting false allegations; providing a penalty; amending s.
395.3025, F.S.; authorizing release of licensed-facility-employee records to
other employers; amending s. 415.102, F.S.; redefining the term "disabled
adult," for purposes of the Adult Protective Services Act, to include certain
persons who are temporarily incapacitated because of medical treatment;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representatives Graber and Rayson-
HB 623-A bill to be entitled An act relating to the North Broward
Hospital District, Broward County; providing for the relief of Justin Bates,
a minor, by and through his mother and legal guardian, Cynthia Bates, and
for the relief of Cynthia Bates, individually; providing an appropriation to
compensate them for injuries sustained by Justin Bates as a result of the
negligence of the North Broward Hospital District, d.b.a. Broward General
Medical Center; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representative Casey-
HB 625-A bill to be entitled An act relating to drivers' licenses;
amending s. 322.21, F.S.; increasing delinquent license fees; providing for

the disposition of the additional funds; providing an appropriation;
providing an effective date.

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

52 JOURNAL OF THE HOUSE

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

By Representatives Klein and Spivey-
HB 627-A bill to be entitled An act relating to information resources
management; requiring the Division of Purchasing of the Department of
Management Services to conduct a pilot program for delegating certain
purchasing authority to agencies; providing criteria; requiring a report;
amending s. 287.042, F.S.; providing additional powers and duties of the
division relating to procuring information technology consultant services;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Klein, Spivey, and Morse-
HB 629-A bill to be entitled An act relating to navigation safety;
requiring the Board of Pilot Commissioners to establish a technology
committee for certain purposes; requiring a report; creating the Tampa
Bay Area Vessel Traffic Service Consortium for certain purposes;
providing for membership; providing for meetings; requiring a report;
amending s. 163.3178, F.S.; requiring comprehensive master plans
prepared by deepwater ports to include a vessel traffic management
component; specifying criteria; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representatives Lawson and Trammell-
HB 631-A bill to be entitled An act relating to mining; creating s.
378.901, F.S.; providing for issuing a life-of-the-mine permit; providing
definitions; providing procedures for application and issuance of a permit;
authorizing the Department of Environmental Protection to adopt rules;
providing for duration of such permit; providing for renewal; amending ss.
373.406, 403.088, and 403.809, F.S.; exempting certain activities from
certain permit requirements under certain circumstances; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance &
Taxation, and Appropriations.

By Representatives Trammell, Crist, Sanderson, Boyd, Bronson, Kelly,
Mackey, Morse, and Villalobos-
HB 633-A bill to be entitled An act relating to sentencing; amending
s. 921.0012, F.S.; providing for additional specified crimes to be included
in the offense severity ranking chart of the sentencing guidelines;
amending s. 921.0014, F.S.; revising the sentence points assessed under the
sentencing guidelines worksheet; providing for certain prior felony offenses
to be included in computing an offender's sentence; providing that prior
capital felonies be included in computing an offender's sentence; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

HB 635-Withdrawn

By Representative Flanagan--
HB 637-A bill to be entitled An act relating to state government;
creating s. 11.074, F.S.; amending s. 120.54, F.S.; requiring consideration
of the impact of legislation and rulemaking on families; requiring impact

statements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

I]

providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Governmental Operations, Finance & Referred to the Committee(s) on Governmental Operations, Finance &
Taxation, Appropriations, and Rules & Calendar. Taxation, and Appropriations.

E OF REPRESENTATIVES March 7, 1995

By Representative Martinez-
HB 639-A bill to be entitled An act relating to weapons and firearms;
amending s. 790.33, F.S.; revising provisions which preempt the field of
regulation of firearms and ammunition to authorize local governments to
regulate the purchase, sale, or transfer of firearms and ammunition on
government-owned property; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Ascherl-
HB 641-A bill to be entitled An act relating to building designations;
designating the new highway patrol station in DeLand the "Trooper Gerald
Creston Thomas Highway Patrol Station" and directing the Department
of Highway Safety and Motor Vehicles to erect appropriate markers;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Thrasher-
HB 643-A bill to be entitled An act relating to witness fees; amending
s. 92.142, F.S.; restricting certain daily witness fees to civil cases; reenacting
s. 92.141, F.S., relating to daily witness pay for law enforcement employees,
to incorporate said amendment in a reference; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Betancourt-
HB 645-A bill to be entitled An act relating to expansion of exports
from this state; providing an appropriation to the Florida Export Finance
Corporation Account from the Corporations Trust Fund of the
Department of State for purposes of administering the Florida Export
Finance Corporation Act; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Rayson-
HB 647-A bill to be entitled An act relating to environmental
preservation; amending s. 259.101, F.S.; providing a legislative finding;
providing certain distribution of funds from the Preservation 2000 Trust
Fund for purchase of lands for South Florida water supply preserves;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water Policy, Select, and
Appropriations.

By Representative Bainter-
HB 649-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; redefining the term "creditable service"
to exclude service as a part-time elected official; amending s. 121.052, F.S.;
deleting reference to part-time elected officials from the membership class
of elected state and county officers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Trammell-
HB 651-A bill to be entitled An act relating to trust funds; amending
s. 215.22, F.S.; exempting trust funds administered by the state attorneys
from the general revenue service charge deducted from trust funds;

By Representatives Arnall, Fuller, Dennis, Thrasher, King, Wise, and
Hill-
HB 653-A bill to be entitled An act relating to the City of Jacksonville
Beach; amending chapter 27643, Laws of Florida, 1951, the employees'
retirement system of the City of Jacksonville Beach, to make changes
recommended by the board of trustees of the retirement system and the
city council; providing that the trustees may vary the investment
procedures outlined in ss. 175.071(1)(b) and 185.06(1)(b), F.S., by investing
at cost up to 50 percent of the retirement system's assets in equities
(common stocks or capital stocks); providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Governmental
Operations, and Finance & Taxation.

By Representative Klein-
HB 655-A bill to be entitled An act relating to the City of West Palm
Beach, Palm Beach County, relating to the West Palm Beach Firefighters'
Relief and Pension Fund; amending chapter 24981, Laws of Florida, 1947,
as amended; providing for lifting of some investment restrictions;
providing for certain required distributions; providing for rollover
distributions; repealing all laws in conflict Herewith; providing an effective
date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Governmental
Operations, and Finance & Taxation.

By Representatives Arnall, Fuller, Dennis, Thrasher, King, and Wise-
HB 657-A bill to be entitled An act relating to the Consolidated City
of Jacksonville and the City of Atlantic Beach; excluding certain described
areas, commonly known as "Johnson Island," the "Radio Station," "Dutton
Island," and the "Marsh" from the territory of the Consolidated City of
Jacksonville and annexing such areas to the City of Atlantic Beach;
providing for referendums.
First reading by publication (Art. III, s. 7, Florida Constitution).

53

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

By Representative B. Saunders-
HB 663-A bill to be entitled An act relating to victims of crime;
repealing s. 15(2) of ch. 94-342, Laws of Florida; abrogating the repeal of
s. 960.28, F.S., relating to payments by the Department of Legal Affairs for
the initial medical examination of a victim of an alleged sexual offense;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative B. Saunders-
HB 665-A bill to be entitled An act relating to developmental
disabilities; amending s. 393.063, F.S.; providing that "Prader-Willi
syndrome" is one of the disorders or syndromes to which a developmental
disability may be attributed for the purposes of ch. 393, F.S.; defining the
term "Prader-Willi syndrome" for the purposes of the law on
developmental disabilities; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Bainter-
HCR 667-A concurrent resolution restoring state sovereignty under
the Tenth Amendment to the United States Constitution.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representatives Turnbull and Brennan-
HB 669-A bill to be entitled An act relating to civil legal services;
creating the Florida Access to Civil Legal Services Act; providing legislative
intent and purpose; providing for delivery of civil legal services to indigent
persons through geographically based field programs; providing
definitions; prescribing implementing authority and duties of the
Department of Community Affairs; providing guidelines and limitations
with respect to funding of the programs and eligibility for state support;
providing for an annual audit of specified expenditures; providing an
effective date.

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

By Representative Tobin-
HB 659-A bill to be entitled An act relating to pari-mutuel wagering;
amending s. 550.0951, F.S.; revising the rate of the tax on handle for
dogracing and for intertrack wagering conducted by a dog track whose
average handle per live performance is less than $110,000; providing a
definition; amending s. 550.1625, F.S.; requiring such dogracing
permitholders to pay certain purses from the takeout; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation, and Appropriations.

By Representative Ogles-
HB 661-A bill to be entitled An act relating to child custody; creating
the "Children's Frequent and Continuous Parental Rights Act"; amending
s. 61.052, F.S.; providing that the court should make appropriate orders for
visitation of the minor child during any period of continuance; amending
s. 61.13, F.S.; providing for the right of the noncustodial parent with shared
parental responsibility to have first option to be with the child under
certain circumstances; providing additional powers of the court when a
custodial parent refuses to honor a noncustodial parent's visitation rights
under certain circumstances; providing that the financial burden of
promoting frequent and continuing contact with the child under shared
parental responsibility may be placed upon a parent who moves outside of
the court's jurisdiction; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Turnbull-
HB 671-A bill to be entitled An act relating to state financial matters;
amending s. 112.215, F.S.; providing for direct disbursement of certain
funds to employees or beneficiaries; creating s. 125.325, F.S.; authorizing
certain entities to loan proceeds of obligations issued by such entities under
certain circumstances; amending s. 280.02, F.S.; revising definitions;
amending s. 280.03, F.S.; deleting obsolete language; amending s. 280.04,
F.S.; clarifying requirements for pledging collateral by qualified public
depositories; amending s. 280.05, F.S.; clarifying duties of the Treasurer in
administering the public deposits program; amending s. 280.051, F.S.;
expanding the grounds for which the Treasurer may suspend or disqualify
a qualified public depository; amending s. 280.052, F.S.; requiring the
mailing of a suspension or disqualification order to a qualified public
depository; amending s. 280.08, F.S.; authorizing the Treasurer to make
partial payments from the Public Deposits Trust Fund to certain public
depositors; authorizing the Treasurer to deduct certain expenses from the
sale of pledged collateral; amending s. 280.09, F.S.; clarifying a cross
reference; amending s. 280.10, F.S.; clarifying requirements when a
qualified public depository is merged, acquired, or consolidated with
certain entities; amending s. 280.11, F.S.; providing an exception to certain
report filing requirements; amending s. 280.13, F.S.; clarifying collateral
eligible for pledge by banks and savings associations; amending s. 280.16,
F.S.; specifying persons required to deliver certain reports-to the
Treasurer; amending s. 280.17, F.S.; revising certain notice requirements
for public depositors; repealing s. 280.14, F.S., relating to collateral eligible
for pledge by savings associations; repealing s. 280.20, F.S., relating to the
Security for Public Deposits Task Force; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

54

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

By Representatives Laurent and Minton-
HB 673-A bill to be entitled An act relating to state water policy;
amending ss. 373.019 and 403.031, F.S.; modifying the definition of "state
water policy" to require ratification of the policy, including certain rule
amendments adopted by the Environmental Regulation Commission, by
the Legislature; amending ss. 373.026 and 403.061, F.S.; requiring
legislative ratification of amendments adopted after a specified date;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water Policy, Select, and
Appropriations.

By Representative Bloom-
HB 675-A bill to be entitled An act relating to discovery depositions;
repealing Rule 3.220(h), Florida Rules of Criminal Procedure and Rule
8.060(d), Florida Rules of Juvenile Procedure, relating to depositions of
crime victims and witnesses; providing that a crime victim or witness may
not be compelled to testify at a discovery deposition in a criminal case or
juvenile delinquency case; providing that the authority of a state attorney
or statewide prosecutor to examine witnesses and compel the production
of evidence is not limited; providing that the right of a defendant or
accused juvenile to compel the attendance and testimony of certain
witnesses is not limited; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

March 7, 1995

Directors; amending s. 943.031, F.S.; providing for the Secretary of
Juvenile Justice rather than the Secretary of Health and Rehabilitative
Services to serve as a member of the Florida Violent Crime Council;
amending s. 943.06, F.S.; providing for the Secretary of Juvenile Justice
and the executive director of the Department of Highway Safety and
Motor Vehicles to serve as members of the Criminal Justice Information
Systems Council; amending s. 943.1755, F.S.; revising the membership of
the policy board for the Florida Criminal Justice Executive Institute;
deleting an obsolete provision requiring the board to submit a report;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Juvenile Justice.

By the Committee on Corrections; Representatives Sindler, Villalobos,
Crist, and Ball-
HB 687-A bill to be entitled An act relating to corrections; creating
the "Stop Turning Out Prisoners Act"; amending s. 944.275, F.S., relating
to gain-time; revising guidelines with respect to eligibility for gain-time;
providing a maximum limitation of 10 days upon the amount of incentive
gain-time granted with respect to specified sentences; imposing a
maximum limitation of 120 days for meritorious gain-time awarded;
conforming language relating to incentive gain-time granted by the
Department of Corrections; reenacting s. 775.084(4)(e), F.S., relating to
habitual felony offenders and habitual violent felony offenders, to
incorporate the amendment to s. 944.275, F.S., in a reference thereto;
creating s. 944.281, F.S.; granting rulemaking authority to the department
relating to ineligibility for gain-time due to disciplinary action; providing
an effective date.

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

HB 677-Withdrawn

By Representative Martinez-
HB 679-A bill to be entitled An act relating to the office of sheriff;
amending ss. 30.073, 30.075, 30.076, and 30.078, F.S.; providing consistent
language to provide that a deputy sheriff may not be terminated for lawful
off-duty political activity or for discriminatory reasons; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations.

By Representative Rodriguez-Chomat-
HB 681-A bill to be entitled An act relating to the regulation of
professions; amending s. 455.201, F.S.; prohibiting the Department of
Business and Professional Regulation and the regulatory boards from
adopting rules or policies that change educational requirements for
licensure in professions regulated by the department, which requirements
affect the nature of courses offered at community colleges to meet such
requirements, without consulting with the State Board of Community
Colleges; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Crow-
HB 683-A bill to be entitled An act relating to liens; amending ss.
255.05, 713.05, 713.06, and 713.08, F.S.; including unpaid finance charges
under certain lien provisions; amending s. 713.135, F.S.; clarifying duties
and liability of building permit issuing authorities; amending s. 713.20,
F.S.; specifying lien waiver and release forms for progress payments and
final payments; providing for alternative forms under certain
circumstances; providing for enforceability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representatives Heyman, Stafford, Healey, Hill, and Crist-
HB 685-A bill to be entitled An act relating to advisory bodies;
amending s. 233.0664, F.S.; providing for the Secretary of Juvenile Justice
to be a member of the Drug Abuse Resistance Education Board of

Referred to the Committee(s) on Appropriations.

By Representative Lippman-
HB 689-A bill to be entitled An act relating to the Florida Retirement
System; creating s. 121.015, F.S.; directing the Division of Retirement to
provide, by rule, for a Career Prosecutors Class within the system;
providing requirements with respect to such rules; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Melvin and Burroughs-
HR 691-A resolution commending Mr. Bennett C. Russell, Santa Rosa
County Superintendent of Schools.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Rules & Calendar.

By Representatives Lacasa, Garcia, Villalobos, and Barreiro-
HB 693-A bill to be entitled An act relating to drycleaning; amending
s. 376.3078, F.S.; excepting certain persons from an exemption from
rehabilitation liability resulting from a discharge of drycleaning solvents
under certain circumstances; providing for recovery of costs of certain site
assessment or rehabilitation actions under certain circumstances;
providing limitations; providing for emergency rules; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance &
Taxation, and Appropriations.

By Representatives Fasano, Fuller, Littlefield, Wise, Ball, Maygarden,
Lacasa, Lynn, Ogles, Morroni, Bitner, Livingston, and Laurent-
HB 695-A bill to be entitled An act relating to protecting the identity
of crime victims; creating the "Crime Victims Protection Act"; providing
legislative intent and purpose; creating s. 92.56, F.S.; providing for
confidentiality of specified records and proceedings in prosecutions for
offenses that are violations of ch. 794, F.S., relating to sexual battery, or
ch. 800, F.S., relating to lewdness and indecent exposure, or acts of child
abuse, aggravated child abuse, or sexual performance by a child as

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSI

described in chapter 827, F.S., relating to abuse of children; providing
contempt sanctions for willful and knowing disclosure of the victim's
identity, under certain circumstances; amending s. 119.07, F.S.; revising an
exemption from public records law requirements for identifying
information with respect to victims of such offenses; authorizing
disclosures to specified recipients; reenacting s. 119.011(3)(c), F.S., relating
to the definitions of "criminal intelligence information" and "criminal
investigative information" with respect to public records exemptions, to
incorporate the amendment to s. 119.07(3)(h), F.S., in a reference; creating
s. 794.024, F.S.; prohibiting, and providing second-degree misdemeanor
penalties for, willful and knowing disclosure by a public officer or employee
of the photograph, name, or address of an alleged sexual crime victim,
under certain circumstances; creating s. 794.026, F.S.; providing for a civil
right of action for communicating the identity of a sexual crime victim;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Tobin-
HB 697-A bill to be entitled An act relating to the North Broward
Hospital District; providing for the relief of Christopher Bruno, a minor,
by and through his mother and legal guardian, Rosalie Bruno and Michael
Bruno, and for the relief of Rosalie Bruno and Michael Bruno, individually;
providing an appropriation to compensate them for injuries sustained by
Christopher Bruno as a result of the negligence of the North Broward
Hospital District, d.b.a. Broward General Medical Center; providing an
effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representatives Crist, Futch, Littlefield, Starks, Miller, Flanagan,
Brown, Bloom, Fasano, Culp, Martinez, Johnson, Morse, Jacobs, Barreiro,
Casey, Heyman, Sublette, Sindler, Wise, Valdes, Horan, Thrasher, and
R. Wallace-
HB 699-A bill to be entitled An act relating to sex offender probation;
amending ss. 775.21, 775.22, 775.23, and 947.1405, F.S.; requiring
mandatory special conditions of release; correcting references; reenacting
s. 947.141(1) and (2), F.S., to incorporate the amendment to s. 947.1405,
F.S., in references thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representatives Crist, Littlefield, Starks, Miller, Flanagan, Bloom,
Fasano, Culp, Johnson, Morse, Barreiro, Casey, Heyman, Sublette,
Sindler, Wise, Valdes, Horan, Thrasher, and R. Wallace-
HB 701-A bill to be entitled An act relating to the abatement of public
nuisances; amending s. 893.138, F.S.; declaring certain sites upon which
described violations occur as public nuisances; authorizing certain county
or municipal boards to order property owners who own sites which are
declared a public nuisance to pay fines; providing limitations on fines;
providing for liens; providing a limitation on liens; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Klein--
HB 703-A bill to be entitled An act relating to the City of West Palm
Beach, Palm Beach County, relating to the West Palm Beach Police
Pension and Relief Fund; amending chapter 24981, Laws of Florida, 1947,
as amended; providing for certain required distributions; providing for
rollover distributions; repealing all laws in conflict herewith; providing an
effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Community Affairs and Governmental
Operations.

March 7, 1995

Referred to the Committee(s) on Judiciary.

By Representative Carlton-
HB 713-A bill to be entitled An act relating to public employees;
amending ss. 231.40, 240.343, F.S.; limiting the amount of pay that certain

E OF REPRESENTATIVES 55

By Representative Heyman-
HB 705-A bill to be entitled An act relating to motor vehicles;
amending s. 322.34, F.S.; providing for the impoundment of a motor vehicle
upon the driver's arrest for driving under certain circumstances; creating
s. 321.245, F.S.; providing for the disposition of certain funds in the
Highway Safety Operating Trust Fund; amending s. 324.201, F.S.;
providing for the release of certain information to recovery agents or
agencies; providing a procedure when a recovery agent or agency obtains
a seized license plate; authorizing recovery agents and agencies to seize
license plates in certain counties; providing for rules of the Department of
Highway Safety and Motor Vehicles; amending s. 627.7295, F.S.; specifying
the minimum time period within which a new policy or binder may not be
canceled; amending s. 627.732, F.S.; defining the term "recovery agent";
amending s. 627.733, F.S.; providing for the disposition of fees with respect
to certain license plates seized by recovery agents; amending s. 627.736,
F.S.; requiring the department to release certain insurance information to
persons involved in accidents; amending s. 627.739, F.S.; providing for
application of a deductible amount; providing for receipt of certain
benefits after a deductible is met; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representatives Smith, Sanderson, Hafner, K. Pruitt, Sembler,
Boyd, Burroughs, Stafford, Couch, Kelly, Ritchie, Littlefield, R. Wallace,
and Valdes-
HB 707-A bill to be entitled An act relating to environmental self-
audits; creating chapter 93, F.S.; providing legislative findings and intent;
providing definitions; providing that any person has a privilege to refuse
to disclose, and prevent others from disclosing, an environmental audit
report and other information relating to an environmental self-audit;
specifying who may claim the privilege; providing requirements for waiver
of the privilege; providing conditions under which, and documents to
which, the privilege does not apply; providing procedures and
requirements for claiming the privilege; specifying effect on other
privileges; specifying limitations on permits with respect to sampling,
monitoring, and data collection; providing that a person entitled to claim
the privilege who voluntarily discloses such report or information is not
liable for administrative penalties or fines and is immune from civil or
criminal liability resulting from violations of environmental law described
therein; providing requirements for such disclosure; providing a
presumption with respect thereto and providing for rebuttal;" specifying
that this act supersedes conflicting laws, rules, and ordinances; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representatives Smith, Sanderson, Hafner, K. Pruitt, Sembler,
Boyd, Burroughs, Stafford, Couch, Kelly, Ritchie, Littlefield, R. Wallace,
and Valdes-
HB 709-A bill to be entitled An act relating to public records; creating
s. 93.07, F.S.; providing an exemption from public records requirements for
environmental audit reports and information relating to environmental
self-audits which qualify for the privilege provided by chapter 93;
providing for future review and repeal; providing a finding of public
necessity; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Carlton-
HB 711-A bill to be entitled An act relating to notaries public;
amending s. 117.05, F.S.; providing for the use of electronically applied
notary stamp seals; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

56 JOURNAL OF THE HOUSE

employees of district school systems and community colleges may receive
for unused sick leave upon termination of employment; amending s.
121.021, F.S.; redefining the term "average final compensation" for
purposes of the Florida Retirement System to exclude certain payments
for annual leave earned on or after July 1, 1995, from calculations of
retirement benefits; amending s. 231.41, F.S.; conforming a cross-reference;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Carlton-
HB 715-A bill to be entitled An act relating to educational finance;
amending s. 236.25, F.S.; amending provisions that authorize the
Legislature to prescribe a maximum amount of nonvoted current operating
discretionary millage that school boards may levy and authorizing school
boards to determine such millage, within specified limits; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation, and
Appropriations.

By Representative Warner-
HB 717-A bill to be entitled An act relating to registered limited
liability partnerships; creating ss. 620.78, 620.79, 620.80, 620.81, 620.82,
620.83, 620.84, and 620.85, F.S.; providing requirements and procedures for
becoming a registered limited liability partnership; providing for liability
of partners; providing for naming registered limited liability partnerships;
requiring insurance; providing criteria; providing for foreign registered
limited liability partnerships; providing for application to foreign and
interstate commerce; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

HB 719-Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representatives Crady, Wise, King, Thrasher, Hill, Arnall, Dennis,
and Fuller-
HB 721-A bill to be entitled An act relating to postsecondary
education; amending s. 240.1201, F.S.; providing that certain members of
the United States Armed Services be classified as residents for tuition
purposes; providing qualifications; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representatives Kelly, Mackey, Goode, Ritchie, Albright, Couch,
Dawson, King, Starks, Villalobos, and Garcia-
HB 723-A bill to be entitled An act relating to health care providers;
amending ss. 627.6472 and 641.31, F.S.; prohibiting exclusive provider
organizations and health maintenance organizations from requiring a
referral for access to certain service providers; prohibiting such
organizations from establishing adverse incentives against direct access to
certain service providers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Fuller--
HB 725-A bill to be entitled An act relating to highway safety and
motor vehicles; amending s. 316.075, F.S.; authorizing drivers to make a u-
turn under certain circumstances; amending s. 316.1932, F.S.; providing
that a person who operates a motor vehicle thereby gives consent to submit
to a field sobriety test; providing that field sobriety testing may include use

of approved testing devices; providing for the applicability of pre-arrest
field sobriety tests; amending s. 316.2074, F.S.; providing for legal uses of
certain all-terrain vehicles; amending s. 316.530, F.S.; authorizing the use
of a rope or cable as an attachment in towing a vehicle; amending ss. 319.21
and 319.22, F.S.; revising provisions with respect to title transfers to

I]

E OF REPRESENTATIVES March 7, 1995

exempt certain vehicles owned by a surviving spouse; amending s. 319.28,
F.S.; revising the provision dealing with transfer of ownership by operation
of law to provide for a surviving spouse; amending s. 319.30, F.S.; revising
definitions with respect to state law governing title certificates; revising
provisions with respect to vehicles which are dismantled, destroyed, or
altered in a specified manner; revising provisions relating to salvage;
providing penalties; providing for vehicle identification numbers;
amending s. 319.33, F.S.; providing definitions with respect to offenses
involving vehicle identification numbers, applications, certificates, and
papers; amending s. 320.01, F.S.; revising the definition of the terms
apportionablee vehicle" and "commercial motor vehicle" to include changes
in weight descriptions; amending s. 320.02, F.S.; providing for additional
information on the application form for motor vehicle registration;
amending s. 320.05, F.S.; revising a fee provision; amending s. 320.08, F.S.;
providing for license taxes with respect to certain all-terrain vehicles,
electric or solar powered vehicles, and manufacturers' prototype or test
vehicles; amending s. 320.08975, F.S.; changing the Save the Children
license plate to the Invest in Children license plate; amending s. 320.27,
F.S.; revising language with respect to motor vehicle dealers to provide
requirements with respect to required insurance; amending s. 321.25, F.S.;
authorizing the department to charge a tuition fee for certain persons who
attend training at the Florida Highway Patrol Academy; amending s.
322.01, F.S.; redefining the terms "commercial motor vehicle" and
"passenger vehicle"; amending s. 322.04, F.S.; eliminating reference to a
class D driver license for employment as a chauffeur; amending s. 322.12,
F.S.; eliminating the authorization of the department to waive the driving
portion of an applicant's examination for a license; amending s. 322.17,
F.S.; providing for an address sticker and fee for certain licenses; amending
s. 322.19, F.S.; conforming to the act; amending s. 322.25, F.S.; providing
that nolo contendre pleas to charges of driving while intoxicated, driving
under the influence, driving with an unlawful blood-alcohol level, or any
other alcohol-related or drug-related traffic offense shall be equivalent to
a conviction; amending s. 322.271, F.S.; deleting the requirement of a
reexamination of certain licensees; amending s. 322.291, F.S.; deleting
reference to a required complete driver's license examination; amending s.
322.292, F.S.; revising language with respect to DUI programs to eliminate
provisions concerning the disposition of certain funds or assets upon
decertification of the program; amending s. 322.54, F.S.; revising certain
weight classifications; amending s. 325.203, F.S.; increasing timeframes
with respect to motor vehicles subject to annual inspection; amending s.
327.10, F.S.; increasing a time period for registration and numbering of
vessels; providing for proof of date of purchase; amending s. 327.11, F.S.;
revising language with respect to annual vessel registration; revising the
time period for the submission of certain fees to the department;
prohibiting refunds for the unused portion of a registration period;
providing an additional fee to cover the costs of the Florida Real-time
Vehicle Information System; amending s. 327.15, F.S.; revising language
with respect to exemption from the numbering provisions required on
vessels; providing for the consistent use of the term "vessel" rather than
"boat"; amending s. 327.19, F.S.; increasing a time period for notification
of the department upon the destruction or abandonment of a vessel;
amending s. 327.23, F.S.; deleting reference to the expiration of temporary
vessel registration; amending s. 327.25, F.S.; revising language with respect
to service fees, registration dates, fractional registration fees, and expired
registration for vessels; deleting the optional registration date; amending
s. 328.01, F.S.; providing that the reverse side of a certificate of title must
provide a form for transfer; revising language with respect to application
for certificate of title to delete the need for certified copies of certain
documents; amending s. 328.03, F.S.; revising timeframes; directing the
department to take certain action to prohibit the alteration, counterfeiting,
duplication, or modification of certificates of title; amending s. 328.11, F.S.;
revising language with respect to duplicate certificates of title; amending
s. 328.15, F.S.; revising language with respect to notice of lien on a vessel;
amending s. 812.16, F.S.; revising the provision of law dealing with chop
shops; revising the definition of the term "major component part" and
"motor vehicle"; repealing s. 322.18(4)(a) and (b), F.S.; deleting
unnecessary language relating to license renewal; repealing s. 322.55, F.S.,
relating to the waiver of the driving portion of the driving skills

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

JOURNAL OF THE HOUSE

By Representatives Miller, Greene, D. Prewitt, Dennis, and Meek-
HB 727-A bill to be entitled An act relating to motor vehicle
insurance; amending s. 627.732, F.S.; including motor vehicles used as
public school transportation in the definition of "motor vehicle" for
insurance purposes; amending s. 627.733, F.S.; requiring owners of school
buses to maintain certain financial security; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance.

By Representative Bullard-
HR 729-A resolution expressing affection for and gratitude to all
fathers.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representatives Carlton and Flanagan-
HB 731-A bill to be entitled An act relating to the disposition of
criminal cases; prohibiting a court from withholding adjudication of guilt
for a criminal defendant who is found guilty; providing exceptions with
respect to specified offenses; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Klein-
HB 733-A bill to be entitled An act relating to child support; creating
s. 409.2565, F.S.; authorizing the Department of Revenue to make available
for publication the names of delinquent support obligors and related
information; amending s. 409.2598, F.S.; authorizing the department to
petition the court to order the denial or suspension of hunting and fishing
licenses and licenses to carry firearms; creating s. 370.0601, F.S.; requiring
the tax collector to allow applicants for saltwater fishing licenses to be
screened by the department; requiring the tax collector to deny or suspend
a license when ordered by the court; creating s. 372.562, F.S.; requiring the
tax collector to allow applicants for freshwater fishing and hunting licenses
to be screened by the department; requiring the tax collector to deny or
suspend a license when ordered by the court; creating s. 790.062, F.S.;
requiring the Department of State to screen applicants for a license to
possess a fire arm and to deny or suspend such a license when ordered by
the court; requiring the Department of Revenue to study child-support-
enforcement procedures and report its findings and recommendations to
the Legislature; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.

By Representative Trammell-
HB 735-A bill to be entitled An act relating to state lands; amending
s. 259.101, F.S.; revising provisions with respect to the Florida Preservation
2000 Act to provide for the disposition of certain lands and to provide for
the alternate governmental use of acquired lands; providing for retroactive
application; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources.

By Representative Feren-
HB 737-A bill to be entitled An act relating to educational facilities;
amending s. 235.211, F.S.; providing for reuse of certain documents;
deleting certain selection process requirements; authorizing boards to
purchase architectural services under an existing contract if certain
conditions are met; amending s. 235.31, F.S., relating to purchase of certain
services under contract; deleting certain selection process requirements;
amending s. 287.055, F.S., relating to purchase of professional services;
deleting requirement of public notice in certain instances; saving ss.
235.211 and 235.31, F.S., from repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Educational Facilities, Select, and
Appropriations.

March 7, 1995

Taxation, and Appropriations.

By Representatives Upchurch, Thrasher, and Arnall-
HB 745-A bill to be entitled An act relating to bridge designations;
designating the new bridge over North River from the City of St. Augustine

E OF REPRESENTATIVES 57

By Representatives Kelly, Graber, Heyman, Jacobs, Rayson, Dawson,
Healey, Wise, Casey, Littlefield, Tobin, Bloom, Stafford, Fasano, and
Logan-
HB 739-A bill to be entitled An act relating to parking for persons who
have disabilities; amending s. 316.008, F.S., relating to powers of local
authorities; deleting a cross-reference to conform to the act; amending s.
316.1955, F.S.; revising the requirements for providing parking spaces for
certain persons who have disabilities; providing specifications for such
parking spaces; providing for leased parking; providing for accessible
routes; providing 1 year for parking facilities to alter existing parking
spaces; providing for the appointment, training, and authority of volunteer
parking enforcement specialists; repealing s. 316.1956, F.S., which provides
for parking spaces provided by certain entities; amending s. 316.1957, F.S.;
providing for waiver of penalties for violations; amending s. 316.1958, F.S.;
providing for reciprocal recognition of validity of out-of-state license plates
or permits, unless the individual is required by law to have a Florida
driver's license; amending s. 316.1964, F.S.; providing restrictions on free
parking in metered or timed parking spaces; amending s. 316.1967, F.S.,
relating to liability for payment of parking ticket violations and other
violations; deleting a cross-reference to conform to the act; amending s.
318.14, F.S.; providing that community-service requirements are not
waived by a plea of nolo contender or the withholding of adjudication;
amending s. 318.18, F.S.; providing additional civil penalties for certain
violations; amending s. 320.08035, F.S., relating to small license plates;
deleting a cross-reference to conform to the act; amending s. 320.084, F.S.;
exempting veterans who have disabilities from certain parking fees or
penalties; providing exceptions; amending s. 320.0842, F.S.; providing for
an international symbol of accessibility; amending s. 320.0848, F.S.;
providing for the issuance of exemption parking permits that are valid until
the renewal date of the applicant's driver's license or identification card or
for a period of 4 years; providing for temporary permits to be issued for 1
year; providing for rule adoption in order to certify physicians in Alabama,
Georgia, or Louisiana who practice within 50 miles of this state and who
certify persons for purposes of an exemption parking permit; providing for
a color photograph and validation sticker to be affixed to the exemption
parking permit; providing for the issuance of an additional exemption
parking permit; providing for fees and a hardship exemption; providing for
the distribution of fees; declaring application forms for an exemption
permit as "official state documents"; providing increased criminal penalties
for supplying false information; providing a criminal penalty for
fraudulently obtaining or for using an exemption parking permit or an
unauthorized replica of such permit; amending s. 553.505, F.S., relating to
exceptions to the Americans with Disabilities Act; revising a cross-
reference to conform to changes in the act; requiring renewal of parking
permits issued under s. 320.0848, F.S.; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representatives Mackenzie, Stafford, Sanderson, Graber, Tobin,
Dawson, Wasserman Schultz, Geller, Eggelletion, and Lippman-
HB 741-A bill to be entitled An act relating to building designations;
directing the Board of Regents to rename the University Tower at the Fort
Lauderdale campus of Florida Atlantic University in honor of former
Governor Reubin O'D. Askew; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education.

By Representative Bronson-
HB 743-A bill to be entitled An act relating to alcoholic beverage sales;
amending s. 561.501, F.S.; providing that a surcharge on the sale of
alcoholic beverages for consumption on the premises shall not apply to
sales in certain fraternal organizations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &

JOURNAL OF THE HOUSE OF REPRESENTATIVES

mainland to the Vilano Beach, Surfside, and North Beach areas as a part
of State Road A1A the "Francis and Mary Usina Bridge"; directing the
Department of Transportation to erect suitable markers; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representatives Bronson, Posey, Sembler, Peaden, Laurent, Smith,
and Mackey-
HB 747-A bill to be entitled An act relating to the lottery; amending
s. 24.115, F.S.; revising the distribution of unclaimed prize money;
providing that a percentage of such moneys be distributed among district
school boards for specified purposes; providing for matching of funds;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation, and Appropriations.

By Representative Morse-
HB 749-A bill to be entitled An act relating to road designations;
designating a portion of West Flagler Street in Miami as "Benjamin Leon
Way"; directing the Department of Transportation to erect suitable
markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Culp-
HB 751-A bill to be entitled An act relating to Asian-American affairs;
creating s. 14.31, F.S.; establishing a Florida State Commission on Asian-
American Affairs; providing for the appointment of members; providing
duties and requiring an annual report; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations,
Appropriations, and Rules & Calendar.

By Representatives Culp, Warner, Lynn, Lacasa, Fasano, Morroni, and
R. Wallace-
HB 753-A bill to be entitled An act relating to public property and
public buildings; amending s. 255.05, F.S.; revising language with respect
to a claimant against the bond of a contractor constructing public
buildings; authorizing a materialman to assign his rights against the bond
under certain circumstances; creating s. 255.0525, F.S.; providing that the
solicitation of bids or proposals for certain construction projects requiring
a bond shall be advertised; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation, and Appropriations.

By Representatives Sindler, Bullard, Eggelletion, Peaden, Brennan,
Bronson, Martinez, Ogles, Chestnut, Casey, Rayson, Stabins, Tobin,
Tedder, Davis, Arnold, Healey, Geller, Reddick, Smith, Futch,
D. Saunders, Dawson, Bradley, Meek, Jacobs, Hill, Trammell, Cosgrove,
Morroni, Jones, Heyman, D. Prewitt, Garcia, Brown, Wasserman Schultz,
Crist, Peeples, and Lynn--
HB 755-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; redefining the term "normal retirement
date" to provide for retirement after 25 years of service at age 55 for certain
members; increasing the employer contribution rate to fund increased
benefits; providing legislative intent; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Reddick, Meek, and Davis--
HB 757-A bill to be entitled An act relating to alternative energy

sources; amending s. 196.175, F.S., which provides an ad valorem tax
exemption for real property upon which a renewable energy source device

is installed and operated; extending the period during which the exemption
may be granted; providing a deadline for exemption applications;
amending ss. 212.02 and 212.08, F.S.; defining "solar energy system" and
exempting solar energy systems and components thereof from the tax on
sales, use, and other transactions; requiring the Department of Revenue to
adopt rules prescribing such systems and components; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Sindler-
HB 759-A bill to be entitled An act relating to the relief of certain
members of the Florida National Guard; providing an appropriation to
compensate them for property damage to their vehicles while they were on
military duty during Hurricane Andrew; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims, Community Affairs, and
Appropriations.

By Representative Burroughs-
HB 761-A bill to be entitled An act relating to electrolysis; amending
s. 478.44, F.S.; adding two consumer members to the Electrolysis Council
and providing for the Director of Health Care Administration to appoint
the council members; prescribing the qualifications of members and for
their terms of office; providing for the calling of meetings of the council;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Geller-
HB 763-A bill to be entitled An act relating to unemployment
compensation; amending s. 443.111, F.S.; revising the upper limitation on
an individual's weekly benefit amount; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Brown-
HB 765-A bill to be entitled An act relating to electronic transfer of
funds; amending s. 17.076, F.S.; providing a definition; requiring the
Department of Banking and Finance to implement certain direct deposit
of funds by a date certain; authorizing the department to collect a fee for
certain direct deposits under certain circumstances; providing for deposit
of such fees; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representative Logan-
HB 767-A bill to be entitled An act relating to the Museum of African
American Art; providing for purchase by the state and operation by the
University of South Florida; providing requirements for operation;
providing appropriations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Cultural Affairs and
Appropriations.

By Representatives Ziebarth, Arnall, Bronson, Fuller, and Posey-
HB 769-A bill to be entitled An act relating to water resources;
amending ss. 373.026 and 373.036, F.S.; prohibiting the water management
districts from establishing water quality standards; creating s. 373.4141,
F.S.; providing procedures and timeframes for approval of certain permits;
amending s. 373.415, F.S.; limiting authority of water management districts

to establish protection zones; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

58

March 7, 1995

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committee(s) on Natural Resources and Appropriations. By Representative Harris-

By Representatives Warner and Klein-
HB 771-A bill to be entitled An act relating to health care provider
networks; creating s. 408.7054, F.S.; establishing the "Health Care Provider
Network Negotiations Act"; providing legislative intent; providing
definitions; providing for expedited review of petitions for establishment
of health care provider networks; providing for regulation of network
activities; providing duties of the Agency for Health Care Administration
and the Attorney General; specifying requirements for network
establishment; providing for exceptions; exempting health care provider
and health care provider network activities from certain antitrust liability;
providing individual members of a network and networks with certain
immunity from civil or criminal antitrust liability; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Harris-
HB 773-A bill to be entitled An act relating to platting; creating s.
177.142, F.S.; providing that if a map or plat is found to have a subdivision,
street, or other name which is determined to be an ethnic or racial slur, the
name may be changed by the local governing body; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representative Casey-
HB 775-A bill to be entitled An act relating to bicycling; amending s.
316.2065, F.S.; requiring a bicycle rider who carries a child passenger to
provide certain safety equipment; prohibiting a person who rides a bicycle
on a highway or in a public place from allowing a child passenger to ride
on the bicycle or on a bicycle trailer or bicycle semitrailer without a helmet;
providing a penalty; providing for dismissal of charges under specified
circumstances; prohibiting a bicycle rider from allowing a child to remain
in a child carrier when the rider is not in immediate control of the bicycle;
providing a definition; providing requirements for the wearing of a safety
helmet for the operation of a bicycle; providing for enforcement; providing
penalties; providing exceptions; providing for the disposition of fines;
providing for educational programs; providing for application with respect
to negligence provisions; amending s. 318.18, F.S.; providing for the
assessment of fines for certain violations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representatives D. Prewitt, Graber, and Casey-
HB 777-A bill to be entitled An act relating to pharmaceuticals;
creating a study commission for the purpose of studying the variations in
the cost of prescription drugs; providing for membership; providing for
organization and administration; requiring meetings and public hearings;
providing for expert testimony; requiring a report; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care, Appropriations, and
Rules & Calendar.

By Representative Harris--
HB 779-A bill to be entitled An act relating to state uniform traffic
control; amending s. 316.660, F.S.; authorizing counties or municipalities
to impose a surcharge on moving violations for the sole purpose of funding
school crossing guard programs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

HR 781-Withdrawn

HB 783-A bill to be entitled An act relating to hazardous wastes;
amending s. 376.301, F.S.; providing a definition of the term "cattle-
dipping vat"; creating s. 376.306, F.S.; providing legislative findings;
providing release from liability for certain property owners; amending s.
287.0595, F.S.; correcting a cross reference; providing a retroactive effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.

By Representatives Starks, Bitner, King, and Wise-
HB 785-A bill to be entitled An act relating to economic development
tax exemptions and credits; amending s. 201.02, F.S.; providing an
exemption from the excise tax on instruments relating to real property for
instruments by which a corporation conveys real property or interests
therein to a qualifying corporation; defining "qualifying corporation";
amending s. 212.051, F.S.; revising provisions which specify that
equipment or machinery for pollution control is subject to tax on sales, use,
and other transactions; providing an exemption for such equipment or
machinery which exceeds requirements adopted by any environmental
protection agency; providing duties of the Department of Revenue and the
Department of Environmental Protection; specifying the procedure for
such exemption; amending s. 212.052, F.S.; removing provisions which
specify that said tax applies to the purchase, rental, or repair of real or
tangible personal property employed in research or development;
amending s. 212.08, F.S.; expanding the exemption for machinery and
equipment purchased for use in new businesses to include tangible
personal property for improvements to realty so purchased; expanding the
exemption for machinery and equipment purchased for use in expanding
businesses to include such tangible personal property; removing
limitations on said exemption and on qualification therefore; expanding the
exemption for machinery and equipment purchased by an expanding
business which manufactures tangible personal property pursuant to
federal procurement regulations to include such tangible personal
property; removing limitations on said exemption and on qualification
therefore; providing an exemption for charges for electricity used in
manufacturing tangible personal property for sale or consumed in certain
mining, severance, exploration, and production operations; providing a
schedule for implementation of the exemption; providing an exemption for
the transfer of tangible personal property assets between corporations
under certain conditions; amending s. 220.15, F.S., relating to
apportionment of adjusted federal income under the Florida Income Tax
Code; providing that the property factor fraction shall not include real or
tangible personal property dedicated to research and development
activities in conjunction with a public or private university; providing that
the payroll factor fraction shall not include compensation paid to any
employee dedicated to such research and development activities; requiring
certification of such activities and providing intent with respect thereto;
creating s. 220.187, F.S.; providing for a credit against the income tax for
businesses that employ new employees in certain wage categories; allowing
an increased credit for a business located in an enterprise zone for
employees that are residents of an enterprise zone; providing application
requirements for such increased credit; providing limitations; providing for
carryover of the credit; providing requirements with respect thereto;
providing penalties; amending s. 220.02, F.S.; providing order of credits
against the tax; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation,
Appropriations.

By Representative D. Prewitt-
HB 787-A bill to be entitled An act relating to state universities;
amending s. 240.233, F.S.; revising provisions relating to the offering of
American sign language for purposes of admission of students; providing
an effective date.

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

59

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

By Representative D. Prewitt-
HB 789-A bill to be entitled An act relating to sheriff's budgets;
amending s. 30.49, F.S.; authorizing sheriffs to include certain expenses
within their budgets; amending s. 215.425, F.S.; providing an exception to
a prohibition against certain extra compensation claims for certain sheriff's
expenses; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Crist-
HB 791-A bill to be entitled An act relating to the Criminal Justice
Standards and Training Commission; amending s. 943.133, F.S.; revising
compliance documentation requirements pertaining to the employment of
officers; amending s. 943.1395, F.S.; requiring the commission to complete
certain investigations within a prescribed time limit; providing for the
commission to review certain disciplinary actions taken by employing
agencies; amending s. 943.17, F.S.; requiring the Division of Criminal
Justice Standards and Training to periodically review and revise certain
training programs and course curricula; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Starks, Tedder, and Boyd-
HB 793-A bill to be entitled An act relating to the Department of
Revenue; amending s. 20.04, F.S.; exempting the department from certain
requirements relating to internal structure; amending s. 20.21, F.S.;
eliminating the divisions and offices within the department and
transferring their responsibilities to the department; authorizing the
department to pay insurance premiums for out-of-state employees;
amending ss. 189.412, 195.087, 195.096, 195.097, 200.068, 200.0684, 213.053,
213.2201, and 409.2599, F.S., relating to approval of property appraisers'
and tax collectors' budgets, review of assessment rolls, certification of
compliance of taxing authorities, child support enforcement, and
department publications, to conform; amending s. 213.015, F.S.; correcting
a reference; amending s. 2, ch. 94-124, Laws of Florida; correcting the name
of a trust fund; repealing s. 213.045, F.S., which establishes division
director, assistant division director, bureau chief, and General Counsel
positions within the department; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

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

By Representative Geller-
HB 799-A bill to be entitled An act relating to the City of Hollywood;
providing for the relief of George Durant and Stephen Durant; providing
an appropriation to compensate them for the death of Sonja Durant, wife
and mother of George Durant and Stephen Durant, respectively, as a result
of the negligence of the City of Hollywood; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representatives Culp and Jacobs-
HB 801-A bill to be entitled An act relating to credits against taxes;
amending s. 220.02, F.S.; amending legislative intent to provide for the
order in which credits against the corporate income tax or the franchise tax
must be applied; amending s. 220.03, F.S.; amending the definition of the
term "child care facility startup costs" and defining the term "operation of
a child care facility" for purposes of ch. 220, F.S.; amending s. 220.12, F.S.;
amending the definition of a taxpayer's net income for purposes of ch. 220,
F.S.; creating s. 220.19, F.S.; authorizing a child care tax credit for
corporations; providing limitations on the amount of the credit; requiring
a recipient to refund a portion of the tax credits received, in specified
circumstances; providing eligibility requirements and application
requirements; providing for the Department of Revenue to administer this
section; providing for the future expiration of the section, with exceptions;
creating s. 624.5107, F.S.; authorizing a child care facility tax credit for
insurers; providing definitions; providing limitations on the amount of the
credit; requiring a recipient to refund a portion of the tax credits received,
in specified circumstances; providing eligibility requirements and
application requirements; providing for the Department of Revenue to
administer this section; providing for the future expiration of the section,
with exceptions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services, Finance &
Taxation, and Appropriations.

By Representative Culp-
HB 803-A bill to be entitled An act relating to education; authorizing
a special Blueprint 2000 exemption from statutes for school districts and
developmental research schools; providing purpose and criteria necessary
for approval of exemptions; providing requirements for application;
providing for waiver of related rules; requiring an annual report; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Governmental Operations, Finance & Referred to the Committee(s) on Education and Appropriations.
Taxation, and Appropriations.

By Representative Starks-
HJR 795-A joint resolution proposing an amendment to Section 1 of
Article VII of the State Constitution to limit the legislative authority to
increase revenue.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.

By Representatives Wasserman Schultz, Villalobos, Heyman, Barreiro,
Dawson, Bradley, Dennis, D. Prewitt, Rayson, Lippman, Feren,
Betancourt, Jacobs, Cosgrove, Garcia, Frankel, and Morse-
HB 797-A bill to be entitled An act relating to fair pricing; creating
the "Fair Pricing Act"; creating ss. 501.056 and 501.0561, F.S.; prohibiting
gender-based price discrimination; providing exceptions; providing
penalties; providing for filing complaints; requiring the Division of
Consumer Services of the Department of Agriculture and Consumer
Services to investigate complaints; providing procedures; requiring notice;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Kelly-
HB 805-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; including certain correctional probation
officers within the Special Risk Class of that system; amending s. 121.0515,
F.S.; specifying criteria for inclusion of correctional probation officers in
that class; providing for inclusion of probation and parole circuit and
deputy circuit administrators in that class; providing a finding of
important state interest; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Sublette, Logan, Reddick, Constantine, and
Brooks-
HB 807-A bill to be entitled An act relating to the Florida Contraband
Forfeiture Act; amending s. 932.701, F.S.; revising the definition of the
term "adversarial preliminary hearing"; amending s. 932.703, F.S.; revising
guidelines with respect to forfeitures; revising provisions relating to the
burden of proof in the adversarial preliminary hearing and forfeiture
proceedings; revising time limitation for filing forfeiture complaint;
imposing an evidentiary burden upon the seizing law enforcement agency
to establish that the property subject to forfeiture was employed in
criminal activity; providing for bond to be posted with respect to certain
personal property seized; amending s. 932.704, F.S.; providing additional

60

March 7, 1995

JOURNAL OF THE HOUSI

policy statements regarding property seizures and forfeitures; providing
for designation of a circuit judge in the civil division to preside over
forfeiture cases; providing for court-appointed private counsel to represent
indigent claimants; authorizing filing certain forfeiture actions in certain
courts; prohibiting settlement agreement to be made before filing of
forfeiture complaint; requiring personal service of final hearing notices;
providing an exception to requiring court review of settlement agreements
under certain circumstances; providing for award of attorney's fees under
certain circumstances; requiring the seizing agency to make specified
payments to compensate a prevailing claimant for the property seized and
for loss of income; requiring the Department of Law Enforcement to
develop and implement model policy guidelines and procedures for
reviewing seizures; specifying personnel to decide currency seizures;
amending s. 932.705, F.S.; providing for certain expenditures from the Law
Enforcement Trust Fund for compensation of court-appointed counsel;
amending s. 932.7055, F.S.; revising the purposes for which forfeiture
proceeds may be used; providing for certain expenditures from the special
law enforcement trust fund established by the board of county
commissioners or municipal governing body; amending s. 932.706, F.S.;
revising or prescribing forfeiture training requirements for basic or
continuing law enforcement education; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Minton-
HB 809-A bill to be entitled An act relating to agricultural law
enforcement; amending ss. 316.640 and 570.073, F.S.; allowing agricultural
law enforcement officers to issue uniform traffic citations; amending s.
570.15, F.S.; renaming road guard inspection stations as agricultural
inspection stations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.

March 7, 1995

By the Committee on Governmental Operations; Representative By Representative Garcia-
T Lawson-

HB 811-A bill to be entitled An act relating to confidentiality of
information held by the Department of Environmental Protection, local
governments, and the Florida Packaging Council; amending s. 403.074,
F.S., which provides an exemption from public records requirements for
proprietary information obtained by the department during onsite visits
relating to pollution prevention; reenacting s. 403.7046(2) and (3)(b), F.S.,
which provide exemptions from public records requirements for trade
secrets concerning recovered materials obtained by the department and
local governments; amending s. 403.7199, F.S., which provides an
exemption from public records requirements for trade secrets obtained by
the Florida Packaging Council; saving such exemptions from repeal;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representative
Lawson-
HB 813-A bill to be entitled An act relating to confidentiality of
meetings and records of the Agency for Health Care Administration;
amending s. 455.2173, F.S., which provides exemptions from public
meeting and records requirements for meetings of agency members or
boards held to create or review licensure examination questions, and
records of such meetings; revising said exemptions and saving them from
repeal; providing for future review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation.

By the Committee on Governmental Operations; Representative
Lawson-
HB 815-A bill to be entitled An act relating to confidentiality of
personnel screening records of the Florida School for the Deaf and the
Blind; amending s. 242.335, F.S., which provides an exemption from public
records requirements for information in such records; specifying the
records that are exempt; saving such exemption from repeal; providing for

HB 821-A bill to be entitled An act relating to education; amending
ss. 229.57, 231.17, 231.172, 239.117, 239.213, 240.115, 240.117, 240.235,
240.239, 240.311, 240.324, 240.325, 240.35, 240.404, 240.412, 240.4125,
409.145, and 467.009, F.S., and repealing ss. 229.053(2)(d), 229.551(3)(f),
(g), (h), and (i), 240.107, 240.1162(6), 240.233(6), 240.3215(2), and
240.437(2)(f), F.S.; deleting and repealing requirements relating to college-
level communication and computation skills testing programs and the
College Level Academic Skills Test; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative Geller-
HB 823-A bill to be entitled An act relating to insurance; amending
s. 322.34, F.S.; providing for the impoundment of a motor vehicle driven
by a person upon arrest for driving under certain circumstances; amending
s. 324.201, F.S.; providing for the release of certain information to recovery
agents or agencies; providing a procedure when a recovery agent or agency
obtains a seized license plate; creating s. 324.2011, F.S.; authorizing
recovery agents and agencies to seize license plates in certain counties;
providing for rules of the Department of Highway Safety and Motor
Vehicles; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance, Finance & Taxation, and
Appropriations.
By Representative Fasano-
HB 825-A bill to be entitled An act relating to service charges by
clerks of the circuit court; creating s. 28.244, F.S.; prescribing requirements
and duties of clerks of the circuit court relating to refunds of overpayments
for service charges; setting the level of overpayment for a required refund;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.

E OF REPRESENTATIVES 61

future review and repeal; revising a penalty to conform; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education.

By the Committee on Governmental Operations; Representative
Lawson-
HB 817-A bill to be entitled An act relating to confidentiality of
information relating to substance abuse service providers; reenacting s.
397.419(7), F.S., which provides an exemption from public records
requirements for records of such providers obtained by the Department of
Health and Rehabilitative Services to determine compliance with quality
assurance requirements, and an exemption from public meeting
requirements for meetings of quality assurance program committees that
relate to quality assurance activities; saving such exemptions from repeal;
amending s. 397.451, F.S., which provides an exemption from public
records requirements for specified information obtained in connection
with background checks of personnel of such providers; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By Representative Flanagan-
HB 819-A bill to be entitled An act relating to public records;
amending s. 119.07, F.S.; providing an exemption from public records
requirements for documents that reveal certain information about the
victim of a crime that are in the possession of an agency, upon written
request of the victim; providing for future review and repeal; providing a
finding of public necessity; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Fasano-
HB 827-A bill to be entitled An act relating to clerks of the circuit
courts; amending s. 28.2401, F.S.; authorizing imposition of additional
service charges in probate matters to provide and maintain equipment;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.
By Representative Culp-
HB 829-A bill to be entitled An act relating to identification cards;
amending s. 322.051, F.S.; authorizing the Department of Highway Safety
and Motor Vehicles to issue identification cards to individuals of any age;
revising the requirements to obtain such cards and the expiration periods
of such cards; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representative Clemons-
HB 831-A bill to be entitled An act for the relief of Robert Jeff
Woodham, Bennie Robinson, Donald Ray Eldridge, personal
representative of the estate of Jeffrey A. Eldridge, a deceased minor,
Mattie Stringfellow, as natural mother and personal representative of the
estate of George Blackmon, a deceased minor, and Don Allen Dennis;
providing an appropriation to compensate them for injuries and death
sustained in the course of their participation in high school interscholastic
sports and for future needs; providing for payment by the Department of
Insurance; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representatives Culp, Villalobos, Crist, Lynn, and Edwards-
HB 833-A bill to be entitled An act relating to motor vehicle theft;
amending ss. 39.042 and 39.044, F.S.; providing for use of mandatory
detention under specified conditions when a minor is charged with or found
to have committed grand theft of a motor vehicle; amending s. 39.057, F.S.;
requiring a 2-month boot camp on the first offense; amending s. 39.0587,
F.S.; providing for prosecution as an adult; amending s. 812.014, F.S.;
elevating the offense of grand theft of a motor vehicle to a felony of the
second degree; amending s. 921.0012, F.S.; elevating the offense to level 6
on the offense severity ranking chart; putting the chart in text format;
amending s. 921.0014, F.S.; providing for multiplier effect of motor vehicle
theft on sentencing guidelines; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Juvenile Justice and Appropriations.

By Representatives Villalobos, Barreiro, Frankel, Cosgrove, Sublette,
and Garcia-
HB 835-A bill to be entitled An act relating to license plates; providing
for the issuance of a Red Ribbon HIV-AIDS Awareness license plate;
providing fees; providing for the use of such fees; requiring a minimum
number of applications before the license plate may be developed;
providing for the discontinuance of such license plates; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By Representative Lawson-
HB 837-A bill to be entitled An act relating to trust funds; creating
the Used Motor Vehicle Consumer Compensation Trust Fund within the
Department of Legal Affairs; providing for source of moneys and purposes;
providing for future review and termination or re-creation of the fund;
providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Lawson-
HB 839-A bill to be entitled An act relating to the sale of used motor
vehicles; creating the "Used Motor Vehicle Warranty Act"; providing
legislative intent; providing definitions; requiring express warranties with
respect to the sale of used motor vehicles; providing exceptions; providing
requirements for used motor vehicle dealers in honoring warranties;
providing for extension of warranty terms under certain circumstances;
providing disclosure requirements; providing a procedure for arbitrating
disputes between consumers and used motor vehicle dealers before the
Florida Motor Vehicle Arbitration Board; requiring the Division of
Consumer Services of the Department of Agriculture and Consumer
Services to screen applicants for arbitration; providing for appeals of the
board's decisions; establishing the Used Motor Vehicle Consumer
Compensation Trust Fund to be administered by the Department of Legal
Affairs; providing for collection of a fee on each sale of a used motor vehicle;
providing for distribution of proceeds from the fee; providing certain
remedies; requiring the Department of Legal Affairs to adopt rules;
providing for application of the Used Motor Vehicle Warranty Act;
amending s. 320.27, F.S.; providing additional circumstances under which
the Department of Highway Safety and Motor Vehicles may suspend
certain vehicle dealers' licenses; amending ss. 681.102, 681.109, and
681.1095, F.S.; redesignating the Florida New Motor Vehicle Arbitration
Board as the Florida Motor Vehicle Arbitration Board; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.
By Representatives Goode, Casey, Littlefield, Thrasher, Ritchie, King,
Brown, Boyd, Futch, and Flanagan-
HB 841-A bill to be entitled An act relating to health care; creating
the "Florida Patient Protection and Quality Assurance Act"; providing
legislative intent; amending s. 20.04, F.S., relating to internal structure of
departments of the executive branch; amending s. 20.19, F.S.; deleting from
provisions relating to the Department of Health and Rehabilitative
Services references to health matters and responsibilities being transferred
to the Department of Health Care Services; renaming the health and
human services boards as human services boards; transferring powers,
duties and functions, records, personnel, property, appropriations, and
rules relating to public health, children's medical services, and alcohol,
drug abuse, and mental health services from the Department of Health and
Rehabilitative Services to the Department of Health Care Services;
creating s. 20.43, F.S.; establishing the Department of Health Care
Services; establishing organizational structure of the department;
transferring powers, duties and functions, records, personnel, property,
appropriations, and rules of the Agency for Health Care Administration
from the Department of Business and Professional Regulation to the
department; establishing purpose and duties of the Department of Health
Care Services; establishing an advisory council to the department;
amending s. 154.02, F.S.; transferring administration of the Public Health
Unit Trust Fund to the Department of Health Care Services; amending s.
154.04, F.S.; revising procedure for appointment of public health unit
directors or administrators; creating s. 381.815, F.S.; providing intent;
establishing the Office of Minority Health within the Agency for Public
Health Services of the Department of Health Care Services; providing
functions and responsibilities; amending ss. 400.211, 457.102, 457.103,
458.305, 458.307, 459.003, 459.004, 460.403, 460.404, 461.003, 461.004,
463.002, 463.003, 464.003, 464.004, 465.003, 465.004, 466.003, 466.004,
467.003, 467.004, 468.1125, 468.1135, 468.1655, 468.1665, 468.352, 468.503,
478.42, 483.803, 483.805, 486.021, 486.023, 490.003, 490.004, 491.003, and
491.004, F.S.; conforming provisions relating to the regulation of health
professionals; transferring responsibilities from the Department of
Business and Professional Regulation to the Division of Medical Quality
Assurance within the Department of Health Care Services; amending s.
408.003, F.S., relating to establishment of the Health Care Board;
amending s. 408.033, F.S.; renaming the Statewide Health Council as the
State Health Council; providing for report to the Secretary of Health Care
Services; expanding council membership; creating s. 408.7054, F.S.;
creating the "Health Care Provider Network Negotiations Act"; providing
legislative intent; providing definitions; providing for expedited review of

petitions for establishment of health care provider networks; providing for
regulation of network activities; providing duties of the Agency for Health

62

March 7, 1995

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

Care Administration and the Attorney General; specifying requirements
for network establishment; providing for exceptions; exempting network
activities from certain antitrust liability; providing certain immunity from
liability; creating s. 408.7056, F.S.; providing for contracts between
patients and providers of health care services; providing legislative
findings; providing for binding arbitration of claims for professional
negligence; providing for contractual limitation of damages; providing that
the contract signature is binding; providing definitions; providing for
application to managed care contracts; creating s. 408.801, F.S.; creating
the "Medical Savings Account Act"; providing legislative intent to promote
savings accounts to defray the cost of health care; providing definitions;
providing for operation of a medical savings account program; providing
for eligible medical expenses, employee and employer contributions,
account administrators, and tax liability; creating s. 409.810, F.S.; creating
the "Florida Medical Access Act"; creating s. 409.811, F.S.; providing
legislative findings and intent; creating s. 409.812, F.S.; providing
definitions; creating s. 409.813, F.S.; establishing the Florida Medical
Access program; creating s. 409.814, F.S.; providing eligibility and
application requirements; providing for disenrollment under specified
circumstances; providing penalties; creating s. 409.815, F.S.; providing for
coverage and limitations; creating s. 409.816, F.S.; limiting certain federal
and state participation and expenditures; creating ss. 409.817 and 409.818,
F.S.; providing responsibilities of the Agency for Health Care
Administration for administration and operation of the Medicaid buy-in
program; requiring an annual report; creating s. 409.819, F.S.; providing for
transfer of specified savings from the Medicaid program to the Florida
Medical Access Trust Fund; creating s. 409.820, F.S.; establishing an
annual enrollment cap and an average monthly enrollment cap; providing
for reserves; providing agency data collection and reporting requirements;
providing responsibilities of the Social Services Estimating Conference;
creating s. 409.821, F.S.; establishing a Medicaid 5-year task force;
providing for appointment of members; requiring annual reports;
amending s. 409.901, F.S.; providing definitions; amending s. 409.9122,
F.S.; requiring all Medicaid recipients to be enrolled in MediPass or a
health maintenance organization by a specified date, subject to receipt of
federal waivers; providing exceptions; amending s. 409.914, F.S.; reducing
the maximum income level for the Medicaid buy-in program; requiring
legislative approval for implementation; amending ss. 455.01, 455.203,
455.205, 455.207, 455.208, 455.209, 455.211, 455.2141, 455.217, 455.2175,
455.218, 455.220, 455.2205, 455.221, 455.223, 455.224, 455.225, 455.2273,
455.2275, 455.228, 455.229, 455.232, 455.243, 455.245, and 455.26, F.S.;
conforming general provisions relating to the regulation of professions;
transferring certain responsibilities from the Department of Business and
Professional Regulation and the Agency for Health Care Administration
to the Division of Medical Quality Assurance within the Department of
Health Care Services; transferring the Health Care Trust Fund from the
agency to the department; amending s. 455.241, F.S.; authorizing the
furnishing of patient records to a health care provider who is a defendant
in a medical malpractice claim; providing for notice to the patient;
amending s. 455.261, F.S.; providing that certain confidential information
concerning an impaired practitioner's impairment and treatment is
immune from discovery in civil actions; amending s. 627.422, F.S.; revising
provisions relating to assignment of insurance policies; amending s.
627.668, F.S.; revising requirements relating to group health insurance
benefit coverage for mental and nervous disorders; creating s. 627.6691,
F.S; creating the "Florida Health Insurance Continuation Act"; providing
for continuation of health insurance coverage under group health benefit
plans; providing definitions; providing limitations and requirements;
authorizing contract administrators; requiring a certificate of authority;
requiring notice in policies, contracts, certificates, and plan booklets;
creating s. 640.35, F.S.; creating the "Patient Protection Act"; providing
legislative intent; providing applicability; providing definitions;' providing
for certification of managed care plans; providing for qualified utilization
review programs; specifying requirements; providing protection of
consumer choice; providing severability; amending ss. 641.19 and 641.47,
F.S.; providing definitions relating to emergency services and care under
health maintenance organizations; amending s. 641.315, F.S.; specifying
reimbursement by health maintenance organizations for services provided
by noncontract providers; amending s. 641.495, F.S.; correcting a cross
reference; amending s. 641.512, F.S.; requiring the Department of
Insurance to publish the accreditation status of health maintenance
organizations; creating s. 641.513, F.S.; specifying requirements for

coverage of emergency services and care under a health maintenance
organization contract; amending s. 766.102, F.S.; revising provisions

63

relating to standard of care for purposes of claims for medical negligence;
amending s. 768.28, F.S.; providing that health care providers treating
patients pursuant to Medicaid provider agreements shall be considered
agents of the state for purposes of certain liability actions; repealing s.
20.165(2)(f) and (3)(d), F.S., relating to the Division of Medical Quality
Assurance of the Department of Business and Professional Regulation;
repealing s. 20.42, F.S., relating to creation of the Agency for Health Care
Administration; repealing s. 407.61, F.S., relating to studies of the Health
Care Cost Containment Board; repealing s. 455.213(6), F.S., relating to
duplicate requirements for physicians' continuing education; repealing s.
455.2173, F.S., relating to examinations provided by the Agency for Health
Care Administration; repealing s. 455.2555, F.S., relating to imposition of
a fee schedule on providers of designated health services; providing
legislative intent with respect to certain causes of action relating to said
section; providing for continuation of rules; providing for the effect of the
act on pending judicial and administrative proceedings; providing
severability; directing the statute editors to prepare a reviser's bill;
providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care, Finance & Taxation, and
Appropriations.

By Representatives Dawson, Heyman, Bullard, Roberts-Burke, Greene,
Chestnut, Wasserman Schultz, Turnbull, Frankel, Mackenzie, Ritchie,
and Brown-
HB 843-A bill to be entitled An act relating to women's health care;
amending ss. 409.9122, 440.134, and 641.19, F.S.; providing for designation
of an obstetrician/gynecologist as a primary care physician; reenacting s.
641.495(3), F.S., relating to health maintenance organization certificate
requirements, to incorporate the amendment to s. 641.19, F.S., in a
reference; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Goode, Morroni, Ziebarth, Livingston, King, Kelly,
Peaden, Wise, Tobin, and D. Prewitt-
HB 845-A bill to be entitled An act relating to dental insurance;
amending s. 627.6577, F.S., and creating ss. 636.0165 and 641.3151, F.S.;
providing for freedom of choice for dental patients; providing limitations;
providing application; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representatives Sindler, Brown, Littlefield, Rayson, Safley, Kelly,
Ogles, Morroni, Mackey, Gay, Tobin, Bainter, Goode, Futch, Peeples,
Brennan, Hafner, and Crow-
HB 847-A bill to be entitled An act relating to mobile home parks;
amending s. 723.003, F.S.; redefining the term "pass-through charge" and
defining the term "pass-on charge"; amending s. 723.037, F.S.; revising
notice requirements for rental increases or service reductions; amending s.
723.042, F.S.; establishing a park owner's share of certain capital
improvements; amending s. 723.054, F.S.; providing meeting rights for
mobile home owners; amending s. 723.061, F.S.; revising eviction and
valuation procedures relating to the age of a mobile home; eliminating
valuation standards related to length of residence in a park; restricting
collection of lot rental amounts; amending s. 723.063, F.S.; authorizing
homeowners' associations to participate in legal actions concerning rent;
amending s. 723.071, F.S.; revising notice and procedural requirements for
the negotiation of the sale of parks; deleting an exception for a transfer
from a corporation to an affiliate; amending s. 723.078, F.S.; changing
homeowners' association quorum requirements; amending s. 723.083, F.S.;
adding conditions relating to governmental actions affecting relocation of
mobile homes and owners; repealing s. 723.0381(2), F.S., which provides for
nonbinding arbitration; providing for the applicability of notice of a change

in land use; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

By Representative Goode-
HB 849-A bill to be entitled An act related to trust funds; creating the
Florida Medical Access Trust Fund, to be administered by the Agency for
Health Care Administration within the Department of Health Care
Services; providing for source of moneys and purposes; providing for future
review and termination or re-creation of the fund; providing a contingent
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care, Finance & Taxation, and
Appropriations.

By Representatives Goode, Kelly, Thrasher, Bronson, Brooks, Lynn,
Starks, Littlefield, Arnold, Futch, Ziebarth, and D. Saunders-
HB 851-A bill to be entitled An act relating to patient protection;
creating s. 640.15, F.S.; creating the "Patient Protection Act"; providing
legislative intent; providing applicability; providing definitions; requiring
certification of managed care plans; providing criteria; providing for
qualified utilization review programs; providing requirements; providing
for protection of consumer choice; providing severability; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Crist, Brennan, Valdes, and Jacobs-
HB 853-A bill to be entitled An act relating to health insurance;
requiring health insurance policies to provide coverage for nonprescription
enteral formulas for home use under certain circumstances; providing
application; amending ss. 627.6418, 627.6613, F.S.; requiring accident or
health insurance policies to provide coverage for mammograms; amending
s. 627.6419, F.S.; prohibiting the denial of accident or health insurance to
an insured who has a history of fibrocystic breast disease; providing for
publication of a breast-cancer-treatment-options booklet by the Agency
for Health Care Administration; repealing s. 240.5121(4)(m), F.S., which
requires the Cancer Control and Research Advisory Council to develop and
prepare a breast-cancer-treatment-options booklet; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Eggelletion-
HB 855-A bill to be entitled An act relating to the Environmental
Regulation Commission; amending s. 20.255, F.S.; specifying educational
qualifications of members of the Environmental Regulation Commission;
amending s. 403.804, F.S.; providing the commission with limited standard
setting authority; amending s. 403.805, F.S.; authorizing the secretary of
the Department of Environmental Protection to share standard setting
authority of the department with the commission; creating s. 403.8045,
F.S.; establishing an Environmental Regulation Commission Nominating
Council; providing for membership; providing for meetings of the council;
providing for nominations by the council; providing for appointment by the
Governor, subject to Senate confirmation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Eggelletion--
HB 857-A bill to be entitled An act relating to the district school tax;
repealing s. 8, ch. 87-284, Laws of Florida; abrogating the repeal of s.
236.25(2), F.S., relating to the maximum millage that may be levied by
school districts for capital facilities; amending s. 236.25, F.S.; increasing the
maximum millage levy for capital facilities; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Educational Facilities, Select, Finance
& Taxation, and Appropriations.

By Representative B. Saunders-
HB 859-A bill to be entitled An act relating to mental health
treatment; amending s. 394.459, F.S.; requiring that certain information be
disclosed to the guardian advocate of an incompetent patient; providing
that a guardian advocate may authorize certain treatment procedures for
an incompetent patient; amending s. 394.463, F.S.; requiring that a petition
for involuntary placement be filed with the court within a specified period
following a patient's admittance; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

HB 861-Withdrawn

By Representative D. Saunders-
HB 863-A bill to be entitled An act relating to real property;
designating ss. 689.01-689.26, F.S., as part I of chapter 689, F.S.; creating
s. 689.55, F.S.; creating the Real Property Condition Disclosure Act;
creating s. 689.56, F.S.; providing legislative purpose; creating s. 689.57,
F.S.; providing for application; creating s. 689.58, F.S.; providing
exemptions; creating s. 689.59, F.S.; providing for delivery of a required
written statement from a property owner to a prospective buyer; creating
s. 689.60, F.S.; prescribing consequences of errors, inaccuracies, or
omissions of information delivered; providing for liability; providing for
delivery of information by a public agency; providing for delivery of reports
or opinions prepared by experts; creating s. 689.61, F.S.; providing duties
when information is subsequently rendered inaccurate; providing
requirements when required information is unknown or not available;
creating s. 689.62, F.S.; providing a disclosure form; creating s. 689.64, F.S.;
prescribing the duty of a prospective buyer to exercise reasonable care;
creating s. 689.65, F.S.; providing that disclosure under the part is not a
limitation on other required disclosure; creating s. 689.66, F.S.; providing
that the transfer is not invalidated for failure to comply; providing for
damages; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Burroughs-
HB 865-A bill to be entitled An act relating to education; amending
s. 232.425, F.S.; authorizing participation of home education program
students in interscholastic extracurricular student activities in the public
schools; providing conditions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Burroughs-
HB 867-A bill to be entitled An act relating to the Department of
Environmental Protection; requiring the department to prioritize aquatic
weed control programs; requiring aquatic weed control contracts to be bid
on a negotiated basis; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Livingston-
HB 869--A bill to be entitled An act relating to local government
comprehensive planning; amending ss. 163.3177 and 163.3202, F.S.;
extending the date for adoption of plan amendments and land
development regulations to implement portions of the intergovernmental
coordination element of a comprehensive plan; amending s. 163.3191, F.S.;
providing that the schedule for completion and transmittal of plan
amendments to implement portions of that element shall not be dependent
upon or established by the rule adopting a schedule for submittal of
evaluation and appraisal reports; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Community Affairs and
Appropriations.

64

March 7, 1995

JOURNAL OF THE HOUSE]

By Representatives Lacasa, Littlefield, Morse, Diaz de la Portilla,
Garcia, Villalobos, and Barreiro-
HB 871-A bill to be entitled An act relating to the family transition
program; amending s. 409.185, F.S.; providing circumstances for denial of
benefit payments to program participants; creating s. 409.9275, F.S.;
providing for drug testing and substance abuse rehabilitation for program
participants; specifying grounds for denial or suspension of program
benefits; requiring courts and law enforcement agencies to report drug
offenders to the Department of Health and Rehabilitative Services;
providing duties of the program and the department; providing for the care
of certain dependent children; providing for rules; directing the Governor
to obtain federal waivers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Stafford-
HB 873-A bill to be entitled An act relating to ad valorem tax
exemption; amending s. 196.202, F.S.; increasing the amount of the
exemption for property of widows, widowers, blind persons, and disabled
persons; amending s. 196.031, F.S.; decreasing the amount of an increased
homestead exemption allowed to disabled persons qualified for the
exemption under s. 196.202; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representative Miller-
HB 875-A bill to be entitled An act relating to juvenile offenders;
amending s. 39.01, F.S.; revising the security criteria for a moderate-risk
residential facility for juvenile offenders; authorizing the staff at the
facility to seclude a juvenile under certain circumstances; authorizing the
use of mechanical restraint; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Juvenile Justice and Appropriations.

By Representative Wise-
HB 877-A bill to be entitled An act relating to water heaters; requiring
water heaters sold in this state to be equipped with certain temperature
and pressure relief valves; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.
By Representative Rayson-
HB 879-A bill to be entitled An act relating to fireworks; creating s.
791.012, F.S., providing that the outdoor display of fireworks in this state
shall be governed by the NFPA 1123 Code for the Outdoor Display of
Fireworks, 1990 Edition; directing the Division of State Fire Marshal to
make appropriate rules; amending s. 791.015, F.S.; increasing registration
fees; providing for the distribution of fees; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance, Finance & Taxation, and
Appropriations.
By Representative Smith--
HB 881-A bill to be entitled An act relating to transportation;
amending s. 20.23, F.S.; providing that responsibility for administration of
motor carrier compliance and safety shall be with the Assistant Secretary
for District Operations; amending s. 206.46, F.S.; revising the formula for
distribution from the State Transportation Trust Fund to the Right-of-
Way Acquisition and Bridge Construction Trust Fund; amending ss.
255.552 and 255.5535, F.S.; providing an exemption from the asbestos
management program for certain structures; providing that a state agency
is not required to perform an asbestos survey for certain property acquired
for a transportation facility; amending s. 255.557, F.S.; conforming to the

act; amending s. 332.008, F.S.; deleting a minimum meeting requirement
for the Florida Aviation Advisory Council; amending s. 334.30, F.S.;

March 7, 1995

Environmental Protection; saving such exemptions from repeal; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

E OF REPRESENTATIVES 65

deleting a restriction on the Department of Transportation from receiving
or soliciting proposals for private transportation facilities which is
obsolete; amending s. 335.093, F.S.; revising language with respect to scenic
highway designations; providing for the Florida Scenic Highways Program;
amending s. 335.20, F.S.; revising the Local Government Transportation
Assistance Act to revise the schedule of announcements of availability of
funds to local governments through the act; amending s. 337.107, F.S.;
including property management services within contracts for right-of-way
services; amending s. 337.11, F.S.; authorizing the department to combine
the design and construction phases of a building, major bridge, or rail
corridor project into a single contract; revising procedures with respect to
design-build contracts; amending s. 337.276, F.S.; including state bridge
construction within bonding authorization for the Division of Bond
Finance on behalf of the Department of Transportation; amending s.
338.2275, F.S.; authorizing the department to use additional funds for the
Suncoast Parkway, Project 1; amending s. 338.235, F.S.; authorizing, rather
than requiring, the securing of certain goods and services on the turnpike
system through the request-for-proposals process; amending s. 843.08, F.S.;
including officers of the Department of Transportation within a list of
persons for whom it is a criminal offense to falsely personate; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,
and Appropriations.

By the Committee on Governmental Operations; Representative
Lawson-
HB 883-A bill to be entitled An act relating to the confidentiality of
information concerning prepaid limited health service organizations;
amending s. 636.064, F.S., which provides exemptions from public records
requirements for medical information relating to enrollees, contracts
entered into with providers, and investigatory information obtained by the
Department of Insurance; revising said exemptions and saving them from
repeal; providing for future review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care.

By the Committee on Governmental Operations; Representative
Lawson-
HB 885-A bill to be entitled An act relating to confidentiality of
records and meetings of the Agency for Health Care Administration;
amending s. 408.704, F.S., which provides exemptions from public records
requirements for records submitted as part of a grievance proceeding
involving a community health purchasing alliance or accountable health
partnership, and for certain patient care quality assurance proceedings and
records; revising such exemptions and saving them from repeal; providing
an exemption from public meeting requirements for meetings during which
such confidential records are discussed; providing an exemption from
public records requirements for records of such meetings; providing for
future review and repeal; providing a finding of public necessity; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care.

By the Committee on Governmental Operations; Representative
Lawson-
HB 887-A bill to be entitled An act relating to confidentiality of
information relating to motor vehicle emissions inspection stations;
amending s. 325.207, F.S., which provides exemptions from public records
requirements for certain information in sealed bids or proposals for
operation of such stations, and for proprietary confidential business
information contained in records received from contractors by the
Department of Highway Safety and Motor Vehicles or the Department of

66 JOURNAL OF THE HOUSE

By the Committee on Governmental Operations; Representative
Lawson-
HB 889-A bill to be entitled An act relating to the confidentiality of
information held by public tourism entities; amending ss. 288.121,
288.1224, and 288.815, F.S., which provide exemptions from public records
requirements for the identity of respondents to, and trade secrets obtained
pursuant to, marketing or advertising research projects conducted by the
Division of Tourism, the Florida Commission on Tourism, and the Office
of the Executive Director of the Florida International Affairs Commission;
revising said exemptions and saving them from repeal; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Cultural Affairs.

By the Committee on Governmental Operations; Representative
Lawson-
HB 891-A bill to be entitled An act relating to confidentiality of
information relating to economic development agencies; amending ss.
288.1226, 288.809, 288.906, 288.9517, and 288.9616, F.S., which provide
exemptions from public records requirements for the identity of donors
and prospective donors to the Florida Tourism Industry Marketing
Corporation, the Florida International Affairs Foundation, Enterprise
Florida, Inc., and the Enterprise Florida Capital Partnership, and for the
identity of donors, prospective donors, and inventors who contribute to the
Enterprise Florida Innovation Partnership; revising said exemptions and
saving them from repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce.

By the Committee on Appropriations; Representative Ritchie-
HB 893-A bill to be entitled An act relating to the re-creation of the
Administrative Trust Fund within the Department of Agriculture and
Consumer Services without modification; re-creating the Administrative
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 895-A bill to be entitled An act relating to the re-creation of the
Agricultural Law Enforcement Trust Fund without modification; re-
creating the Agricultural Law Enforcement Trust Fund; carrying forward
current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 897-A bill to be entitled An act relating to the re-creation of the
Citrus Inspection Trust Fund without modification; re-creating the Citrus
Inspection Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 899-A bill to be entitled An act relating to the re-creation of the
Contracts and Grants Trust Fund within the Department of Agricultural
and Consumer Services without modification; re-creating the Contracts
and Grants Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 901-A bill to be entitled An act relating to the re-creation of the
Hurricane Andrew Disaster Relief Trust Fund within the Department of

1

Control Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

E OF REPRESENTATIVES March. 7, 1995

Agriculture and Consumer Services without modification; re-creating the
Hurricane Andrew Disaster Relief Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 903-A bill to be entitled An act relating to the re-creation of the
General Inspection Trust Fund within the Department of Agriculture and
Consumer Services without modification; re-creating the General
Inspection Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 905-A bill to be entitled An act relating to the re-creation of the
Florida Preservation 2000 Trust Fund within the Department of
Agriculture and Consumer Services without modification; re-creating the
Florida Preservation 2000 Trust Fund; carrying forward current balances
and continuing current sources and uses thereof; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 907-A bill to be entitled An act relating to the re-creation of the
Incidental Trust Fund within the Department of Agriculture and
Consumer Services without modification; re-creating the Incidental Trust
Fund; carrying forward current balances and continuing current sources
and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 909-A bill to be entitled An act relating to the re-creation of the
Market Trade Show Trust Fund without modification; re-creating the
Market Trade Show Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 911-A bill to be entitled An act relating to the re-creation of the
Market Improvements Working Capital Trust Fund without modification;
re-creating the Market Improvements Working Capital Trust Fund;
carrying forward current balances and continuing current sources and uses
thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 913-A bill to be entitled An act relating to the re-creation of the
Plant Industry Trust Fund without modification; re-creating the Plant
Industry Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 915-A bill to be entitled An act relating to the re-creation of the
Pest Control Trust Fund without modification; re-creating the Pest

JOURNAL OF THE HOUSE]

By the Committee on Appropriations; Representative Ritchie-
HB 917-A bill to be entitled An act relating to the re-creation of the
Florida Quarter Horse Racing Promotion Trust Fund without
modification; re-creating the Florida Quarter Horse Racing Promotion
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 919-A bill to be entitled An act relating to the re-creation of the
Relocation and Construction Trust Fund without modification; re-creating
the Relocation and Construction Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 921-A bill to be entitled An act relating to the re-creation of the
Florida Saltwater Products Promotion Trust Fund without modification;
re-creating the Florida Saltwater Products Promotion Trust Fund;
carrying forward current balances and continuing current sources and uses
thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 923-A bill to be entitled An act relating to the re-creation of the
Viticulture Trust Fund without modification; re-creating the Viticulture
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 925-A bill to be entitled An act relating to the re-creation of the
Working Capital Trust Fund within the Department of Agriculture and
Consumer Services without modification; re-creating the Working Capital
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 927-A bill to be entitled An act relating to the re-creation of the
Florida Agricultural Promotional Campaign Trust Fund without
modification; re-creating the Florida Agricultural Promotional Campaign
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 929-A bill to be entitled An act relating to the re-creation of the
Abandoned Property Trust Fund without modification; re-creating the
Abandoned Property Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 931-A bill to be entitled An act relating to the re-creation of the
Administrative Trust Fund without modification; re-creating the

Administrative Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.

March 7, 1995

By the Committee on Appropriations; Representative Ritchie-
HB 947-A bill to be entitled An act relating to the re-creation of the
"Trust Funds-no title" Trust Fund, SAMAS account number 442732,
within the Department of Banking and Finance without modification; re-

E OF REPRESENTATIVES 67

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 933-A bill to be entitled An act relating to the re-creation of the
Financial Institutions' Regulatory Trust Fund without modification; re-
creating the Financial Institutions' Regulatory Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 935-A bill to be entitled An act relating to the re-creation of the
Anti-Fraud Trust Fund without modification; re-creating the Anti-Fraud
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 937-A bill to be entitled An act relating to the re-creation of the
National Forest Trust Fund without modification; re-creating the National
Forest Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 939-A bill to be entitled An act relating to the re-creation of the
Mortgage Brokerage Guaranty Fund without modification; re-creating the
Mortgage Brokerage Guaranty Fund; carrying forward current balances
and continuing current sources and uses thereof; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 941-A bill to be entitled An act relating to the re-creation of the
Regulatory Trust Fund without modification; re-creating the Regulatory
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 943-A bill to be entitled An act relating to the re-creation of the
Miscellaneous Deduction Restoration Trust Fund without modification;
re-creating the Miscellaneous Deduction Restoration Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 945-A bill to be entitled An act relating to the re-creation of the
Securities Guaranty Fund without modification; re-creating the Securities
Guaranty Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

68 JOURNAL OF THE HOUSE

creating the "Trust Funds-no title" Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 949-A bill to be entitled An act relating to the re-creation of the
Working Capital Trust Fund within the Department of Banking and
Finance without modification; re-creating the Working Capital Trust
Fund; carrying forward current balances and continuing current sources
and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 951-A bill to be entitled An act relating to the re-creation of the
Child Support Depository Trust Fund without modification; re-creating
the Child Support Depository Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 953-A bill to be entitled An act relating to the re-creation of the
Consolidated Payment Trust Fund without modification; re-creating the
Consolidated Payment Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 955-A bill to be entitled An act relating to the re-creation of the
Preneed Funeral Contract Consumer Protection Trust Fund without
modification; re-creating the Preneed Funeral Contract Consumer
Protection Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 957-A bill to be entitled An act relating to the re-creation of the
Florida Citrus Advertising Trust Fund without modification; re-creating
the Florida Citrus Advertising Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie--
HB 959-A bill to be entitled An act relating to the re-creation of the
Minerals Trust Fund without modification; re-creating the Minerals Trust
Fund; carrying forward current balances and continuing current sources
and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 961-A bill to be entitled An act relating to the re-creation of the
Administrative Trust Fund within the Department of Revenue without
modification; re-creating the Administrative Trust Fund; carrying forward

current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

- --- - - --- -- -- Y-

By the Committee on Appropriations; Representative Ritchie-
HB 977-A bill to be entitled An act relating to the re-creation of the
Intangible Tax Trust Fund without modification; re-creating the
Intangible Tax Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.

]

E OF REPRESENTATIVES March 7, 1995

By the Committee on Appropriations; Representative Ritchie-
HB 963-A bill to be entitled An act relating to the re-creation of the
Certification Program Trust Fund without modification; re-creating the
Certification Program Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 965-A bill to be entitled An act relating to the re-creation of the
Child Support Enforcement Application Fee Trust Fund without
modification; re-creating the Child Support Enforcement Application Fee
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 967-A bill to be entitled An act relating to the re-creation of the
Clerk of the Court Child Support Enforcement Collection System Trust
Fund without modification; re-creating the Clerk of the Court Child
Support Enforcement Collection System Trust Fund; carrying forward
current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 969-A bill to be entitled An act relating to the re-creation of the
Corporation Tax Administration Trust Fund without modification; re-
creating the Corporation Tax Administration Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 971-A bill to be entitled An act relating to the re-creation of the
Drug Enforcement Trust Fund without modification; re-creating the Drug
Enforcement Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 973-A bill to be entitled An act relating to the re-creation of the
Firefighters' Supplemental Compensation Trust Fund without
modification; re-creating the Firefighters' Supplemental Compensation
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 975-A bill to be entitled An act relating to the re-creation of the
Fuel Tax Refund Payments Trust Fund without modification; re-creating
the Fuel Tax Refund Payments Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

JOURNAL OF THE HOUSE]

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 979-A bill to be entitled An act relating to the re-creation of the
Land Reclamation Trust Fund without modification; re-creating the Land
Reclamation Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 981-A bill to be entitled An act relating to the re-creation of the
Sales Tax Security Deposit Trust Fund without modification; re-creating
the Sales Tax Security Deposit Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 983-A bill to be entitled An act relating to the re-creation of the
Secondhand Dealer and Secondary Metals Recycler Clearing Trust Fund
without modification; re-creating the Secondhand Dealer and Secondary
Metals Recycler Clearing Trust Fund; carrying forward current balances
and continuing current sources and uses thereof; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 985-A bill to be entitled An act relating to the re-creation of the
Working Capital Trust Fund within the Department of Revenue without
modification; re-creating the Working Capital Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 987-A bill to be entitled An act relating to the re-creation of the
Grants and Donations Trust Fund within the Executive Office of the
Governor without modification; re-creating the Grants and Donations
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 989-A bill to be entitled An act relating to the re-creation of the
Planning and Budgeting System Trust Fund without modification; re-
creating the Planning and Budgeting System Trust Fund; carrying forward
current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 991-A bill to be entitled An act relating to the re-creation of the
State-Federal Relations Trust Fund without modification; re-creating the
State-Federal Relations Trust Fund; carrying forward current balances
and continuing current sources and uses thereof; providing an effective
date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

March 7, 1995

termination of the Parole Commission Grants and Donations Trust Fund;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

E OF REPRESENTATIVES 69

By the Committee on Appropriations; Representative Ritchie-
HB 993-A bill to be entitled An act relating to the re-creation of the
"Administered Funds" Trust Fund, SAMAS account number 312732,
within the Executive Office of the Governor without modification; re-
creating the "Administered Funds" Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 995-A bill to be entitled An act relating to the re-creation of the
Florida International Trade and Promotion Trust Fund without
modification; re-creating the Florida International Trade and Promotion
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 999-A bill to be entitled An act relating to trust funds; creating
s. 409.25997, F.S.; creating the Child Support Incentive Trust Fund within
the Department of Revenue; providing for source of moneys and purposes;
providing for future review and termination or re-creation of the fund;
providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1001-A bill to be entitled An act relating to trust funds; creating
s. 350.0601, F.S.; creating the Grants and Donations Trust Fund within the
Florida Public Service Commission; providing for source of moneys and
purposes; providing for future review and termination or re-creation of the
fund; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1003-A bill to be entitled An act relating to trust funds;
terminating and modifying specified trust funds and fund accounts within
the Department of Agriculture and Consumer Services, the Department of
Banking and Finance, the Department of Revenue, the Executive Office
of the Governor, and the Florida Public Service Commission; providing for
the transfer of current balances, the paying of outstanding debts and
obligations, and the removal of the terminated funds and accounts from
the various state accounting systems; renaming the Sales Tax Security
Deposit Trust Fund as the Security Deposits Trust Fund; amending s.
589.08, F.S.; eliminating a provision relating to the Forestry Lands Trust
Fund and its purposes; amending s. 589.277, F.S.; funding tree planting
programs through the Grants and Donations Trust Fund; amending ss.
496.405, 496.409, 496.410, and 496.419, F.S.; funding the administration
and enforcement of the "Solicitation of Contributions Act" through the
General Inspection Trust Fund; amending s. 589.04, F.S., relating to duties
of the Division of Forestry of the Department of Agriculture and Consumer
Services; funding various forestry-related programs through the Incidental
Trust Fund; amending ss. 215.55 and 215.552, F.S.; providing for
distribution of certain moneys to the counties from the Federal Use of
State Lands Trust Fund; amending ss. 212.0505 and 212.20, F.S.; providing
that all proceeds from the tax on controlled and other substances shall be
transferred to the Drug Enforcement Trust Fund; repealing s. 366.84, F.S.,
relating to the Florida Energy Trust Fund; amending ss. 215.20, 350.031,
350.06, 350.113, 366.82, and 427.706, F.S.; providing the General Revenue
Fund as the repository and funding source for the Florida Public Service
Commission and its nominating council and telecommunications advisory
committee; repealing s. 1(1)(1), ch. 94-265, Laws of Florida, to repeal the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By the Committee on Appropriations; Representative Ritchie-
HB 1005-A bill to be entitled An act relating to trust funds; declaring
the findings of the Legislature that specified trust funds in the Department
of Banking and Finance and the Department of Revenue are exempt from
the automatic-termination requirements of Section 19(f), Article III of the
State Constitution; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1007-A bill to be entitled An act relating to the re-creation of the
Administrative Trust Fund within the Department of Environmental
Protection without modification; re-creating the Administrative Trust
Fund; carrying forward current balances and continuing current sources
and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1009-A bill to be entitled An act relating to the re-creation of the
Aquatic Plant Control Trust Fund without modification; re-creating the
Aquatic Plant Control Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1011-A bill to be entitled An act relating to the re-creation of the
Air Pollution Control Trust Fund without modification; re-creating the Air
Pollution Control Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1013-A bill to be entitled An act relating to the re-creation of the
Environmental Laboratory Trust Fund without modification; re-creating
the Environmental Laboratory Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1015-A bill to be entitled An act relating to the re-creation of the
Conservation and Recreation Lands Trust Fund without modification; re-
creating the Conservation and Recreation Lands Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1017-A bill to be entitled An act relating to the re-creation of the
Inland Protection Trust Fund without modification; re-creating the Inland
Protection Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie--
HB 1019-A bill to be entitled An act relating to the re-creation of the
Forfeited Property Trust Fund without modification; re-creating the

Forfeited Property Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1021-A bill to be entitled An act relating to the re-creation of the
Grants and Donations Trust Fund within the Department of
Environmental Protection without modification; re-creating the Grants
and Donations Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1023-A bill to be entitled An act relating to the re-creation of the
Internal Improvement Trust Fund without modification; re-creating the
Internal Improvement Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1025-A bill to be entitled An act relating to the re-creation of the
Marine Resources Conservation Trust Fund without modification; re-
creating the Marine Resources Conservation Trust Fund; carrying forward
current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1027-A bill to be entitled An act relating to the re-creation of the
Nonmandatory Land Reclamation Trust Fund without modification; re-
creating the Nonmandatory Land Reclamation Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1029-A bill to be entitled An act relating to the re-creation of the
Florida Permit Fee Trust Fund without modification; re-creating the
Florida Permit Fee Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1031-A bill to be entitled An act relating to the re-creation of the
Save the Manatee Trust Fund without modification; re-creating the Save
the Manatee Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1033-A bill to be entitled An act relating to the re-creation of the
Solid Waste Management Trust Fund without modification; re-creating
the Solid Waste Management Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-

HB 1035-A bill to be entitled An act relating to the re-creation of the
Sewage Treatment Revolving Loan Fund without modification; re-creating

70

March 7, 1995

JOURNAL OF THE HOUSI

the Sewage Treatment Revolving Loan Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1037-A bill to be entitled An act relating to the re-creation of the
State Park Trust Fund without modification; re-creating the State Park
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1039-A bill to be entitled An act relating to the re-creation of the
Water Management Lands Trust Fund without modification; re-creating
the Water Management Lands Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1041-A bill to be entitled An act relating to the re-creation of the
Water Quality Assurance Trust Fund without modification; re-creating the
Water Quality Assurance Trust Fund; carrying forward current balances
and continuing current sources and uses thereof; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1043-A bill to be entitled An act relating to the re-creation of the
Working Capital Trust Fund without modification; re-creating the
Working Capital Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1045-A bill to be entitled An act relating to the re-creation of the
Youth Conservation Corps Trust Fund without modification; re-creating
the Youth Conservation Corps Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1047-A bill to be entitled An act relating to the re-creation of the
Cross Florida Barge Canal Trust Fund without modification; re-creating
the Cross Florida Barge Canal Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie--
HB 1049-A bill to be entitled An act relating to the re-creation of the
Florida Coastal Protection Trust Fund within the Department of
Environmental Protection without modification; re-creating the Florida
Coastal Protection Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

March 7, 1995

HB 1055-A bill to be entitled An act relating to trust funds; declaring
the findings of the Legislature that specified trust funds in the Department
of Environmental Protection are exempt from the automatic-termination
requirements of Section 19(f), Article III of the State Constitution;
providing an effective date.

E OF REPRESENTATIVES 71

By the Committee on Appropriations; Representative Ritchie-
HB 1051-A bill to be entitled An act relating to trust funds; creating
s. 403.1654, F.S.; creating the Ecosystem Management and Restoration
Trust Fund within the Department of Environmental Protection;
providing for source of moneys and purposes; providing for future review
and termination or re-creation of the fund; providing a contingent effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1053-A bill to be entitled An act relating to trust funds;
terminating, within the Department of Environmental Protection, the
Apalachicola Bay Protection Trust Fund, the Apalachicola Bay
Conservation Trust Fund, the Coastal Zone Management Trust Fund, the
Conservation and Recreation Bond Project Trust Fund, the Florida Area
of Critical State Concern Restoration Trust Fund, the Beach Management
Trust Fund, the Federal Land and Water Conservation Trust Fund, the
Save Our State Environmental Education Trust Fund, the Hazardous
Waste Management Trust Fund, the Industrial Siting Trust Fund, the
Lake Hancock Restoration Trust Fund, the Natural Resources Resource
Management Division Land Reclamation Administration Trust Fund, the
Marine Turtle Protection Trust Fund, the Marine Fisheries Commission
Trust Fund, the Marine Biological Research Trust Fund, the Motorboat
Revolving Trust Fund, the Environmental Regulation Operating Trust
Fund, the Petroleum Exploration and Production Bond Trust Fund, the
Pollution Recovery Fund, the Florida Saltwater Products Promotion Trust
Fund, the Natural Resources Parks Save Our Coast Project Trust Fund,
the Small Community Sewer Construction Assistance Trust Fund, the
Surface Water Improvement and Management Trust Fund, the Oyster and
Clam Rehabilitation Trust Fund, the Phosphate Research Trust Fund, the
Restoration of Kissimmee River Trust Fund, the Hurricane Andrew
Disaster Relief Trust Fund, the Hurricane Andrew Recovery and
Rebuilding Trust Fund, the Spoil Site Trust Fund, the Replacement Trust
Fund, and the State Water Pollution Control Trust Fund; providing for the
transfer of current balances, the paying of outstanding debts and
obligations, and for removal of the terminated trust funds from the various
state accounting systems; amending ss. 161.0535, 161.054, 161.091, 161.101,
161.161, 211.31, 211.3103, 212.69, 215.20, 229.8058, 270.22, 287.0595,
320.08065, 320.08066, 327.25, 327.28, 327.3521, 327.53, 328.15, 328.20,
370.021, 370.06, 370.0608, 370.0609, 370.061, 370.062, 370.063, 370.07,
370.12, 370.14, 370.142, 370.143, 370.153, 370.1535, 370.16, 373.129,
373.309, 373.430, 373.451, 373.455, 373.457, 373.459, 376.11, 376.30,
376.303, 376.307, 376.3078, 376.3079, 376.40, 376.70, 376.75, 377.2425,
377.247, 377.41, 380.0558, 403.0615, 403.0871, 403.121, 403.1822, 403.1832,
403.1838, 403.518, 403.5365, 403.709, 403.7197, 403.726, 403.727, 403.9421,
717.113, and 932.7055, F.S., to conform to the abolition of these trust funds;
correcting cross references; amending ss. 1 and 2, ch. 94-198, Laws of
Florida; providing for administration of the Minerals Trust Fund by the
Department of Environmental Protection; repealing s. 229.8064, F.S.,
relating to the Save Our State Environmental Education Trust Fund;
repealing s. 370.029, F.S., relating to the Marine Fisheries Commission
Trust Fund; repealing s. 370.16(15) and (18), F.S., relating to the
Apalachicola Bay Conservation Trust Fund and to disposition of a
severance tax on oysters and clams; repealing s. 373.495, F.S., relating to
the Water Resources Development Account; repealing s. 380.0555(12),
F.S., relating to the Apalachicola Bay Protection Trust Fund and sewerage
improvement grants; repealing s. 403.165, F.S., relating to the Pollution
Recovery Fund; repealing s. 403.1824, F.S., relating to the State Water
Pollution Control Trust Fund; repealing s. 403.1825, F.S., relating to grant
payments from such trust fund; repealing s. 403.704(21), F.S., relating to
the duties of the department with respect to the Hazardous Waste
Management Trust Fund; repealing s. 403.725, F.S., relating to the
Hazardous Waste Management Trust Fund; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-

72 JOURNAL OF THE HOUSE

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1057-A bill to be entitled An act relating to the re-creation of the
Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund
without modification; re-creating the Challenger Astronauts Memorial
Undergraduate Scholarship Trust Fund; carrying forward current balances
and continuing current sources and uses thereof; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1059-A bill to be entitled An act relating to the re-creation of the
Educational Certification and Service Trust Fund without modification;
re-creating the Educational Certification and Service Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1061-A bill to be entitled An act relating to the re-creation of the
Division of Public Schools Educational Aids Trust Fund without
modification; re-creating the Division of Public Schools Educational Aids
Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1063-A bill to be entitled An act relating to the re-creation of the
Educational Media and Technology Trust Fund without modification; re-
creating the Educational Media and Technology Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1065-A bill to be entitled An act relating to the re-creation of the
Facility Construction Administrative Trust Fund without modification; re-
creating the Facility Construction Administrative Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1067-A bill to be entitled An act relating to the re-creation of the
Federal Rehabilitation Trust Fund without modification; re-creating the
Federal Rehabilitation Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie--
HB 1069-A bill to be entitled An act relating to the re-creation of the
Florida Academic Improvement Trust Fund for Community Colleges
without modification; re-creating the Florida Academic Improvement

Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

I

By the Committee on Appropriations; Representative Ritchie-
HB 1085-A bill to be entitled An act relating to the re-creation of the
Teacher Certification Examination Trust Fund without modification; re-
creating the Teacher Certification Examination Trust Fund; carrying

E OF REPRESENTATIVES March 7, 1995

By the Committee on Appropriations; Representative Ritchie-
HB 1071-A bill to be entitled An act relating to the re-creation of the
Food and Nutrition Services Trust Fund without modification; re-creating
the Food and Nutrition Services Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1073-A bill to be entitled An act relating to the re-creation of the
Grants and Donations Trust Fund within the Department of Education
without modification; re-creating the Grants and Donations Trust Fund
carrying forward current balances and continuing current sources and uses
thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1075-A bill to be entitled An act relating to the re-creation of the
Institutional Assessment Trust Fund without modification; re-creating the
Institutional Assessment Trust Fund; carrying forward current balances
and continuing current sources and uses thereof; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1077-A bill to be entitled An act relating to the re-creation of the
Projects, Contracts, and Grants Trust Fund without modification; re-
creating the Projects, Contracts, and Grants Trust Fund; carrying forward
current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1079-A bill to be entitled An act relating to the re-creation of the
Solid Waste Management Trust Fund within the Department of Education
without modification; re-creating the Solid Waste Management Trust
Fund; carrying forward current balances and continuing current sources
and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1081-A bill to be entitled An act relating to the re-creation of the
Sophomore Level Test Trust Fund without modification; re-creating the
Sophomore Level Test Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1083-A bill to be entitled An act relating to the re-creation of the
Student Loan Guaranty Reserve Fund without modification; re-creating
the Student Loan Guaranty Reserve Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

JOURNAL OF THE HOUSE]

forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1087-A bill to be entitled An act relating to the re-creation of the
Textbook Bid Trust Fund without modification; re-creating the Textbook
Bid Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1089-A bill to be entitled An act relating to the re-creation of the
Division of Administration Knott Data Center Working Capital Trust
Fund within the Department of Education without modification; re-
creating the Division of Administration Knott Data Center Working
Capital Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1091-A bill to be entitled An act relating to the re-creation of the
University of Florida Health Center Incidental Trust Fund without
modification; re-creating the University of Florida Health Center
Incidental Trust Fund; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1093-A bill to be entitled An act relating to the re-creation of the
University of Florida Agricultural Experiment Station Federal Grant
Trust Fund without modification; re-creating the University of Florida
Agricultural Experiment Station Federal Grant Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1095-A bill to be entitled An act relating to the re-creation of the
University of Florida Agricultural Extension Service Federal Grant Trust
Fund without modification; re-creating the University of Florida
Agricultural Extension Service Federal Grant Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1097-A bill to be entitled An act relating to the re-creation of the
University of Florida Agricultural Experiment Station Incidental Trust
Fund without modification; re-creating the University of Florida
Agricultural Experiment Station Incidental Trust Fund; carrying forward
current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1099-A bill to be entitled An act relating to the re-creation of the

University of Florida Agricultural Extension Service Incidental Trust
Fund without modification; re-creating the University of Florida

March 7, 1995

By the Committee on Appropriations; Representative Ritchie-
HB 1113-A bill to be entitled An act relating to the re-creation of the
University of Florida Health Center at Jacksonville Liability Insurance
Trust Fund without modification; re-creating the University of Florida

E OF REPRESENTATIVES 73

Agricultural Extension Service Incidental Trust Fund; carrying forward
current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1101-A bill to be entitled An act relating to the re-creation of the
University of South Florida Medical Center Student Fee Trust Fund
without modification; re-creating the University of South Florida Medical
Center Student Fee Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1103-A bill to be entitled An act relating to the re-creation of the
University of Florida Institute of Food and Agricultural Sciences Student
Fee Trust Fund without modification; re-creating the University of Florida
Institute of Food and Agricultural Sciences Student Fee Trust Fund;
carrying forward current balances and continuing current sources and uses
thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1105-A bill to be entitled An act relating to the re-creation of the
University of Florida Health Center Student Fee Trust Fund without
modification; re-creating the University of Florida Health Center Student
Fee Trust Fund; carrying forward current balances and continuing current
sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1107-A bill to be entitled An act relating to the re-creation of the
University of Florida Health Center Liability Insurance Trust Fund
without modification; re-creating the University of Florida Health Center
Liability Insurance Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1109-A bill to be entitled An act relating to the re-creation of the
University of South Florida Medical Center Professional Medical Liability
Self-Insurance Trust Fund without modification; re-creating the
University of South Florida Medical Center Professional Medical Liability
Self-Insurance Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1111-A bill to be entitled An act relating to the re-creation of the
Board of Regents Operations and Maintenance Trust Fund without
modification; re-creating the Board of Regents Operations and
Maintenance Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

74 JOURNAL OF THE HOUSE

Health Center at Jacksonville Liability Insurance Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1115-A bill to be entitled An act relating to the re-creation of the
Phosphate Research Trust Fund without modification; re-creating the
Phosphate Research Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1117-A bill to be entitled An act relating to the re-creation of the
State University System Concurrency Trust Fund without modification;
re-creating the State University System Concurrency Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1119-A bill to be entitled An act relating to the re-creation of the
Division of Universities Facility Construction Administrative Trust Fund
without modification; re-creating the Division of Universities Facility
Construction Administrative Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1121-A bill to be entitled An act relating to the re-creation of the
Trust Fund for Major Gifts without modification; re-creating the Trust
Fund for Major Gifts; carrying forward current balances and continuing
current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1123-A bill to be entitled An act relating to the re-creation of the
Hurricane Andrew Disaster Relief Trust Fund within the Department of
Education without modification; re-creating the Hurricane Andrew
Disaster Relief Trust Fund; carrying forward current balances and
continuing current sources and uses thereof; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1125-A bill to be entitled An act relating to the re-creation of the
Hurricane Andrew Recovery and Rebuilding Trust Fund within the
Department of Education without modification; re-creating the Hurricane
Andrew Recovery and Rebuilding Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1127-A bill to be entitled An act relating to the re-creation of the
University of Florida Institute of Food and Agricultural Sciences

Relocation and Construction Trust Fund without modification; re-creating
the University of Florida Institute of Food and Agricultural Sciences
Relocation and Construction Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.

;]

future review and termination or re-creation of the fund; providing a
contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

E OF REPRESENTATIVES March 7, 1995

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1129-A bill to be entitled An act relating to the re-creation of the
State University System Replacement Trust Fund without modification;
re-creating the State University System Replacement Trust Fund; carrying
forward current balances and continuing current sources and uses thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1131-A bill to be entitled An act relating to the re-creation of the
Capital Facilities Matching Trust Fund without modification; re-creating
the Capital Facilities Matching Trust Fund; carrying forward current
balances and continuing current sources and uses thereof; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1133-A bill to be entitled An act relating to trust funds; creating
s. 240.40, F.S.; creating the State Student Financial Assistance Trust Fund
within the Department of Education; providing for source of moneys and
purposes; providing for future review and termination or re-creation of the
fund; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1135-A bill to be entitled An act relating to trust funds; amending
s. 240.209, F.S.; creating the Education and General Student and Other
Fees Trust Fund within the Department of Education; providing for source
of moneys and purposes; providing for future review and termination or re-
creation of the fund; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1137-A bill to be entitled An act relating to trust funds; creating
s. 240.2801(2), F.S.; creating the Education-Contracts, Grants, and
Donations Trust Fund within the Department of Education; providing for
source of moneys and purposes; providing for future review and
termination or re-creation of the fund; providing a contingent effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1139-A bill to be entitled An act relating to trust funds; creating
s. 240.2801(3), F.S.; creating the Ancillary Facilities Construction Trust
Fund within the Department of Education; providing for source of moneys
and purposes; providing for future review and termination or re-creation
of the fund; providing a contingent effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By the Committee on Appropriations; Representative Ritchie-
HB 1141-A bill to be entitled An act relating to trust funds; amending
s. 240.513, F.S.; creating the University of Florida Health Center
Operations and Maintenance Trust Fund within the Department of
Education; providing for source of moneys and purposes; providing for

By the Committee on Appropriations; Representative Ritchie-
HB 1143-A bill to be entitled An act relating to trust funds;
terminating and modifying specified trust funds and fund accounts within
the Department of Education; providing for the transfer of current
balances, the paying of outstanding debts and obligations, and the removal
of the terminated funds and accounts from the various state accounting
systems; amending s. 240.4095, F.S.; funding the Florida Private Student
Assistance Grant Program through the State Student Financial Assistance
Trust Fund; amending, s. 240.4145, F.S.; funding the African and Afro-
Caribbean Scholarship Program through the State Student Financial
Assistance Trust Fund; amending s. 320.0808, F.S., relating to Challenger
license plates; eliminating provisions for deposit of license plate annual use
fees into the Center for Space Education Trust Fund; increasing fee
deposits to the Challenger Astronauts Memorial Undergraduate
Scholarship Trust Fund; amending s. 240.4065, F.S.; funding the Critical
Teacher Shortage Program through the State Student Financial Assistance
Trust Fund; amending s. 240.4063, F.S., relating to the Florida Teacher
Scholarship and Forgivable Loan Program, to conform; amending s.
240.4068, F.S., relating to the "Chappie" James Most Promising Teacher
Scholarship Loan Program, to conform; amending s. 228.502, F.S.; funding
the Education Success Incentive Program through the State Student
Financial Assistance Trust Fund; amending s. 240.606, F.S.; funding the
Florida Work Experience Program through the State Student Financial
Assistance Trust Fund; amending s. 240.409, F.S.; funding the Florida
Public Student Assistance Grant Program through the State Student
Financial Assistance Trust Fund; amending s. 240.439, F.S., relating to the
Student Loan Program; eliminating reference to the Student Loan Trust
Fund; amending ss. 240.441, 240.447, and 240.449, F.S., relating to various
aspects of the program, to conform; amending s. 240.402, F.S.; funding the
Florida Undergraduate Scholars' Program through the State Student
Financial Assistance Trust Fund; amending s. 232.2465, F.S., relating to
the Florida Academic Scholars' Certificate Program, to conform; amending
s. 240.4097, F.S.; funding the Florida Postsecondary Student Assistance
Grant Program through the State Student Financial Assistance Trust
Fund; amending s. 240.414, F.S.; funding the Latin American and
Caribbean Basin Scholarship Program through the State Student
Financial Assistance Trust Fund; amending s. 240.4125, F.S.; funding the
Mary McLeod Bethune Scholarship Program through the State Student
Financial Assistance Trust Fund; amending s. 240.413, F.S.; funding
Seminole and Miccosukee Indian Scholarships through the State Student
Financial Assistance Trust Fund; amending s. 240.412, F.S.; funding the
Jose Marti Scholarship Challenge Grant Program through the State
Student Financial Assistance Trust Fund; amending s. 239.217, F.S.;
funding the Florida Gold Seal Vocational Endorsement Program through
the State Student Financial Assistance Trust Fund; amending s. 240.4986,
F.S., relating to the Health Care Education Quality Enhancement
Challenge Grant Program; eliminating reference to the grant fund;
amending s. 230.71, F.S.; funding the Intergenerational School Volunteer
Program through the Grants and Donations Trust Fund; amending s.
240.4987, F.S.; funding the Florida Minority Medical Education Program
through the State Student Financial Assistance Trust Fund; amending s.
240.6072, F.S.; funding the Occupational Therapist or Physical Therapist
Critical Shortage Program through the State Student Financial Assistance
Trust Fund; amending s. 240.609, F.S.; funding the Florida Postsecondary
Endowment Grants Program through the Grants and Donations Trust
Fund; amending s. 232.257, F.S., relating to the School Safety Program;
eliminating reference to the program trust fund; amending s. 240.4085,
F.S.; funding the Florida Student Tuition Scholarship Grant Program
through the State Student Financial Assistance Trust Fund; amending s.
239.225, F.S.; funding the Vocational Improvement Program through the
Grants and Donations Trust Fund; amending s. 239.505, F.S., relating to
the "Florida Constructive Youth Act," to conform; amending s. 240.4093,
F.S.; funding the Vocational Student Assistance Grant Program through
the State Student Financial Assistance Trust Fund; amending s. 240.605,
F.S., relating to Florida resident access grants; eliminating reference to the
grant fund; amending s. 240.4126, F.S.; funding the Rosewood Family
Scholarship Program through the State Student Financial Assistance
Trust Fund; amending s. 240.4988, F.S., relating to the Theodore R. and
Vivian M. Johnson Scholarship Program; eliminating reference to the
program trust fund; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

75

By the Committee on Appropriations; Representative Ritchie-
HB 1145-A bill to be entitled An act relating to trust funds; declaring
the findings of the Legislature that specified trust funds in the Department
of Education are exempt from the automatic-termination requirements of
Section 19(f), Article III of the State Constitution; creating s. 240.2801(1),
F.S.; providing definitions applicable to certain trust funds exempt from
such termination requirements; amending s. 215.32, F.S., to conform;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Placed on the Calendar without reference.

By Representative Futch-
HB 1147-A bill to be entitled An act relating to sexual predators;
amending s. 775.21, F.S.; providing additional legislative findings and
intent with respect to the Florida Sexual Predators Act; creating s. 775.212,
F.S.; authorizing the sentencing of a sexual predator for an indeterminate
period; amending s. 775.22, F.S.; requiring registration of certain juvenile
offenders who are sexual predators; requiring the Division of Driver
Licenses of the Department of Highway Safety and Motor Vehicles to
provide driver's license applicants with notice of the registration
requirements for sexual predators; amending s. 775.23, F.S,; providing
additional legislative findings and purpose; requiring the court to sentence
a sexual predator to an indeterminate sentence; providing for review of
such sentence; providing that a sexual predator is not eligible for early
release; creating s. 775.24, F.S.; establishing the Sexual Predators Review
Board within the Department of Corrections; providing for membership of
the board; requiring the board to make certain reports; creating s. 775.25,
F.S.; providing for a hearing to determine if a juvenile offender charged as
a sexual predator should be tried as an adult; requiring the court to make
certain findings; providing an appropriation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Klein, Spivey, Mackenzie, and Morse-
HB 1149-A bill to be entitled An act relating to public records;
amending s. 119.01, F.S.; providing a legislative finding with respect to
providing access to public records by remote electronic means; amending
s. 119.085, F.S.; authorizing, rather than requiring, a custodian of public
records of the executive or judicial branch or a political subdivision to
charge a fee for access to the records by remote electronic means granted
under a contractual agreement with a user; amending s. 282.307, F.S.;
requiring that a department's Strategic Plan for Information Resources
Management contain certain information relating to public access through
remote electronic means; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation, and Appropriations.

By Representative Futch-
HB 1151-A bill to be entitled An act relating to ad valorem taxes;
amending s. 200.181, F.S.; authorizing local governments receiving surplus
revenue from voted levies for debt service to use the surplus for specified
maintenance and operation purposes; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

HB 1153-Withdrawn

By Representatives Bush and Lynn-
HB 1155-A bill to be entitled An act relating to educational
scholarships; amending s. 240.4125, F.S., as amended, relating to the Mary
McLeod Bethune Scholarship Program and Trust Fund; deleting
provisions requiring the matching of state funds with private funds;
providing for allocation of moneys in the trust fund; extending eligibility
for scholarships to graduate students; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

HB 1157-Withdrawn

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

76 JOURNAL OF THE HOUSE

By Representative Arnold-
HB 1159-A bill to be entitled An act relating to the acquisition of
professional services; amending s. 287.055, F.S.; including geological and
hydrogeological services in the Consultants' Competitive Negotiation Act;
providing penalties; amending s. 403.704, F.S.; authorizing the Department
of Environmental Protection to use provisions of said act for contracting
with environmental consultants; amending s. 713.03, F.S.; including
professional geologist and hydrogeologist within a list of professions which
may place a lien for professional services upon real property; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Minton-
HB 1161-A bill to be entitled An act relating to seaplanes; amending
s. 330.36, F.S.; deleting a provision that authorizes municipalities to
regulate seaplane landings; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation.

By Representative Klein-
HB 1163-A bill to be entitled An act relating to public records;
creating the public records mediation program within the Office of the
Attorney General; providing duties of the office relating to public records
dispute mediation, legislation, model rules, and training; requiring a
report; amending s. 119.01, F.S.; providing legislative intent with respect
to electronic recordkeeping and access to such records; amending s.
119.011, F.S.; revising the definition of "public records"; specifying that use
of external communications systems does not alter an agency's public
records obligations; amending s. 119.083, F.S.; defining "proprietary
software"; providing requirements applicable to agencies that use
proprietary software to store, manipulate, or retrieve public records and
that maintain public records in electronic recordkeeping systems;
providing for fees; prohibiting agencies from entering into certain contracts
for creation or maintenance of a public records database; amending s.
257.36, F.S.; providing that the Division of Library and Information
Services shall institute a training program relating to access to public
records and promulgate model rules for such access; providing applicability
of such rules; amending s. 257.35, F.S., to conform; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation, and Appropriations.

By Representative Tobin-
HB 1165-A bill to be entitled An act relating to traffic penalties;
amending s. 318.14, F.S.; removing an optional penalty for certain specified
traffic infractions; amending s. 318.18, F.S.; establishing a minimum and
maximum fine for violating provisions relating to traffic control devices at
railroad-highway grade crossings; amending s. 318.19, F.S.; requiring
mandatory court appearance for such violations; amending s. 322.27, F.S.;
imposing points on a driver's license record for such a violation; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Minton--
HB 1167-A bill to be entitled An act relating to license plates;
providing for the issuance of license plates to commemorate soil and water
conservation; providing fees; providing for the use of such fees; providing
for the discontinuance of such license plates; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation,

and Appropriations.

By Representative Spivey-
HB 1169-A bill to be entitled An act relating to water resources;
amending ss. 163.3177 and 373.0395, F.S.; requiring maintenance of the

]

Florida, to delete the provision that the purpose of the Port of Palm Beach
District is proprietary in nature rather than governmental; designating the
Port of Palm Beach District as a political subdivision of the State of
Florida; providing that the property of the Port of Palm Beach District
leased to tenants is exempt from taxation; providing an effective date.

E OF REPRESENTATIVES March 7, 1995

integrity of the water budget in a hydrogeologic water basin as a basis for
planning for future growth and development; amending s. 373.223, F.S.;
providing conditions for interbasin transport of water under a consumptive
use permit; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water Policy, Select, and
Appropriations.
By Representative Starks-
HB 1171-A bill to be entitled An act relating to homes for the aged;
amending s. 212.08, F.S.; relating to the tax on sales, use, and other
transactions; providing an exemption for meals provided by certain homes
for the aged to their residents; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services, Finance &
Taxation, and Appropriations.

By Representative Ritchie-
HB 1173-A bill to be entitled An act relating to nonpublic
postsecondary institutions; amending s. 246.085, F.S.; authorizing
additional nonpublic colleges to apply for a certificate of exemption from
licensing requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative Thrasher-
HB 1175-A bill to be entitled An act relating to disruptive youth;
providing legislative findings; providing for an information-sharing
workgroup to develop and implement an information access and delivery
system; providing duties of the Auditor General; amending s. 39.01, F.S.;
revising provisions relating to minimum-risk nonresidential level
programs; amending s. 228.041, F.S.; providing a condition for imposition
of expulsion; amending s. 230.02, F.S.; authorizing alternative site schools
within the district school system; amending s. 230.22, F.S.; providing
district school board power for assignment of students to schools;
amending s. 230.23, F.S.; providing for district school board cooperation;
providing alternatives to student suspension and expulsion; requiring
policies for assignment of violent or disruptive students and notice relating
to expulsion for possession of a firearm; amending s. 230.2316, F.S., relating
to dropout prevention; defining second chance schools; providing
requirements and eligibility for second chance schools; providing funding;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Juvenile Justice and Appropriations.

By Representative Minton-
HB 1177-A bill to be entitled An act relating to military affairs;
creating s. 250.5201, F.S.; providing for a stay of proceedings in court when
troops are called out in state service for a certain period; creating s.
250.5202, F.S.; providing for the stay of eviction or distress actions during
a period of state active duty; creating s. 250.5203, F.S.; providing a
maximum rate of interest on obligations or liabilities of persons in state
active duty; creating s. 250.5204, F.S.; providing requirements with respect
to installment contracts for the purchase of property by persons in state
active duty; providing a penalty for repossession under certain
circumstances; providing procedures; creating s. 250.5205, F.S.; providing
requirements with respect to mortgages and trust deeds with respect to
persons in state active duty; providing a penalty for certain sales,
foreclosures, or seizure of such property; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Healey-
HB 1179-A bill to be entitled An act relating to the Port of Palm
Beach District, Palm Beach County; amending chapter 74-570, Laws of

JOURNAL OF THE HOUSE]

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

By Representative Constantine-
HB 1181-A bill to be entitled An act relating to Seminole County;
repealing ch. 67-2078, Laws of Florida, relating to the appropriation of
certain racing commission funds to the Seminole County Port Authority;
repealing ch. 70-946, Laws of Florida, which provides for the distribution
of certain racing commission funds to the district school board of Seminole
County and provides for direct payment of certain racing commission
funds by the Comptroller to the Seminole County Port Authority;
providing that funds shall be distributed in accordance with s. 550.135,
F.S.; providing that the Seminole County Board of County Commissioners
and the district school board shall consider entering an interlocal
agreement to define the use of disbursed funds for certain infrastructure
improvements; providing for disbursement of $60,000 per year to the
Seminole County Port Authority until December 31, 1996; providing for
the distribution of funds to the Seminole County School District at various
amounts until the end of fiscal year 1997/1998; providing for authorized use
of funds; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Regulated
Industries.

By Representative Frankel-
HB 1183--A bill to be entitled An act relating to Palm Beach County;
providing for the relief of Jesse Vincent, a single male; providing an
appropriation to compensate him for serious and permanent injuries
suffered as a result of the negligence of the Palm Beach County Sheriff's
Department; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Claims and Appropriations.

By Representatives Horan and Ritchie-
HB 1185-A bill to be entitled An act making an appropriation to
Florida Keys Community College for specified fixed-capital-outlay
purposes; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative P. R. Wallace-
HB 1187-A bill to be entitled An act relating to miscellaneous
commissions; repealing provisions of chapter 13, F.S., which establish and
relate to the Commission on Interstate Cooperation; repealing s. 13.09,
F.S., which declares the Council of State Governments to be a joint agency
of this and other states; repealing provisions of chapter 13, F.S., which
establish and provide for the duties of the Florida Legislative Law Revision
Council; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Wasserman Schultz-
HB 1189-A bill to be entitled An act relating to efficiency in
government; creating the Task Force on Legislative Efficiency and
Effectiveness; providing for appointment and membership; providing per
diem and travel expenses; directing the task force to study specified
aspects of legislative operation; providing for a report; providing for the

repeal of the task force; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

March 7, 1995

By Representative Futch-
HB 1203-A bill to be entitled An act relating to the advance disposal
fee program; amending s. 403.7197, F.S.; exempting certain school districts
from the payment of advance disposal fees; providing an effective date.

E OF REPRESENTATIVES 77

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

By Representative Tedder-
HB 1191-A bill to be entitled An act relating to charter schools;
authorizing the creation of charter schools and providing purpose;
providing formation and sponsorship; providing student eligibility;
providing organization as a legal entity; providing requirements of charter
schools and charter documents; providing causes for nonrenewal or
termination of a charter agreement; providing exemption from statutes
and rules; providing rights of teachers; providing funding of charter
schools; providing immunity; providing length of school year; providing
facility requirements; providing initial costs; requiring dissemination of
information; prohibiting levy of taxes and issuance of bonds; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Horan-
HB 1193-A bill to be entitled An act relating to violent crime;
amending s. 943.32, F.S.; establishing a state-operated criminal analysis
laboratory in Key West; amending s. 943.35, F.S.; deleting the eligibility
of the Monroe County Sheriff's Crime Laboratory to receive state funding;
amending s. 943.355, F.S.; revising the number of members on the Florida
Crime Laboratory Council; amending s. 943.37, F.S.; providing for the
transfer of sick and annual leave credits by an employee becoming a
member of the state-operated laboratories; providing an appropriation;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Edwards-
HB 1195-A bill to be entitled An act relating to the
Multijurisdictional Tourism, Sports, and Entertainment Special District
Act; amending s. 191.13, F.S.; removing the authority of a unit of local
government to make certain investments of public funds under said act;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Cultural Affairs, Finance
& Taxation, and Appropriations.

By Representative Betancourt-
HB 1197-A bill to be entitled An act relating to postsecondary
education; amending s. 239.105, F.S.; providing that "supplemental
vocational" may include parent education courses; amending ss. 239.117
and 240.35, F.S.; authorizing the use of financial aid fees for payment of
child care; providing for an increase in capital improvement fees and
deleting restrictions on the use of such fees for child care centers; providing
for the use of activity and service fees for child care centers; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education, Finance & Taxation,
and Appropriations.

By Representative Edwards-
HB 1199-A bill to be entitled An act relating to disposition of trust
fund moneys; amending s. 318.21, F.S.; revising the formula for
distribution of the amounts of civil penalties received by county courts;
amending s. 943.25, F.S.; revising deposit provisions related to the
Additional Court Cost Clearing Trust Fund; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.

HB 1201-Withdrawn

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

Referred to the Committee(s) on Water Policy, Select.

Referred to the Committee(s) on Natural Resources, Finance & By Representative Wasserman Schultz-
Taxation, and Appropriations.

By Representative Horan-
HB 1205-A bill to be entitled An act relating to saltwater fisheries;
amending s. 370.021, F.S.; providing that a violation involving a specified
number of illegal blue crabs constitutes a major violation; providing
penalties; amending ss. 370.13, 370.135, and 370.14, F.S., relating to the
regulation of stone crabs, blue crabs, and crawfish; providing that only
major violations shall require just cause to show why a license should not
be suspended or revoked; providing definitions; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Barreiro-
HB 1207-A bill to be entitled An act relating to viatical settlements;
creating the "Viatical Settlement Act"; providing definitions; requiring
licensure of viatical settlement providers and brokers; providing
procedures for applying for licensure; imposing a license fee; requiring the
Department of Insurance to investigate applicants for licensure; providing
for issuance and renewal of licenses; providing a limitation; providing for
an annual statement by providers; providing fees; providing for revoking
or suspending a license; providing administrative fines; providing for
probation; prohibiting mention of licensure status in advertising; requiring
licensed brokers to use licensed providers and licensed providers to use
licensed brokers; requiring filing and approval of forms; authorizing the
department to examine the business affairs of licensees and applicants;
requiring licensees to disclose certain information to viators; providing
procedures and specifying criteria for entering into viatical settlement
contracts; requiring use of a trustee or escrow agent; authorizing the
department to adopt rules to implement the act; providing that rate
regulation is not authorized; specifying that violations are unfair trade
practices; authorizing injunctions; providing civil cause of action; providing
damages; providing court costs and attorney's fees; providing requirements
for acquisition of a provider or broker; providing a grace period for certain
providers and brokers; providing an appropriation; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance, Finance & Taxation,
Appropriations.

By Representative Edwards-
HB 1209-A bill to be entitled An act relating to consumer protection;
creating s. 501.93, F.S., relating to copyright owners and performing rights
societies; providing definitions; providing for prohibited activities;
providing for contract requirements; providing for civil penalties;
providing for civil remedies; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Betancourt-
HB 1211-A bill to be entitled An act relating to district school boards;
amending ss. 230.23 and 237.02, F.S.; revising provisions relating to
accounting and budgetary controls; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Betancourt-
HB 1213-A bill to be entitled An act relating to comsumptive use
permits; amending ss. 373.219 and 373.223, F.S.; providing for
consideration of proposals to mitigate adverse effects of a project for the
consumptive use of water which otherwise would not be permitted;
amending s. 373.217, F.S; correcting a cross reference; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

HB 1215-A bill to be entitled An act relating to excise tax on
documents; creating s. 201.032, F.S.; authorizing certain school boards to
levy an additional surtax on deeds and other instruments relating to real
property and interests therein; providing for use of the proceeds;
authorizing pledge of the proceeds for bonds; providing that a school board
may elect to receive surtax proceeds or certain impact fee proceeds;
providing that certain impact fee programs may remain in effect as
enacted; specifying effect on conflicting ordinances and laws; requiring a
report; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation, and
Appropriations.

By Representative Brennan-
HB 1217-SF-A bill to be entitled A proposal relating to state
performance.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Bloom-
HB 1219-A bill to be entitled An act relating to elder affairs;
amending and renumbering ss. 410.021, 410.022, 410.023, 410.024,
410.0241, 410.026, and 410.0295, F.S., relating to the community-care-for-
the-elderly program; revising definitions; transferring responsibilities to
the Department of Elderly Affairs; revising powers and duties; providing
for collection of fees; limiting administrative expenses; revising program
services; providing for training standards and requirements for service
providers and staff; amending and renumbering s. 410.401, F.S.;
transferring responsibility for the Alzheimer's Disease Advisory
Committee to the department; providing additional duties; increasing
membership; revising appointment procedures; providing for per diem and
travel expenses; amending and renumbering s. 410.402, F.S.; revising
provisions relating to funding of memory disorder research clinics and
centers; providing department responsibilities; limiting administrative
expenses; revising provisions relating to day care and respite care
programs; creating s. 430.503, F.S.; providing for collection of fees for
services under the "Alzheimer's Disease Initiative"; limiting administrative
expenses; amending and renumbering s. 410.403, F.S., and amending ss.
110.501, 400.464, 402.33, and 420.36, F.S.; correcting cross references;
repealing s. 410.029, F.S., relating to multiyear plans for implementation
of community care systems; repealing ss. 410.201, 410.2015, and 410.202,
F.S., relating to the older volunteers service credit program; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services, Finance &
Taxation, and Appropriations.

By Representative K. Pruitt-
HB 1221-A bill to be entitled An act relating to weapons and firearms;
amending s. 790.06, F.S.; exempting certain retired law enforcement
officers from the fees imposed by the Department of State for a license to
carry a concealed weapon or firearm; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice, Finance & Taxation,
and Appropriations.

By Representative Horan-
HB 1223-A bill to be entitled An act relating to public lands;
amending s. 259.032, F.S.; directing the Department of Environmental
Protection to establish certain goals relating to control and removal of
certain plant species; specifying a level of funding; amending s. 259.035,
F.S.; requiring the Land Acquisition Advisory Council to review certain
projects for less than fee simple acquisition; amending s. 373.59, F.S.;
changing certain capital improvement allocations from the Water
Management Lands Trust Fund for water management districts; providing
an effective date.

78

JOURNAL OF THE HOUSE OF REPRESENTATIVES

March 7, 1995

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

By Representative Brooks-
HB 1225-A bill to be entitled An act relating to homestead tax
exemption; directing the Department of Revenue concerning the way in
which to construe the constitutional provision that limits increases in
homestead property assessments; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Barreiro-
HB 1227-A bill to be entitled An act relating to public lodging;
amending s. 509.013, F.S.; redefining the term "transient occupancy";
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Cultural Affairs and
Appropriations.

By Representative Wasserman Schultz-
HB 1229-A bill to be entitled An act relating to motor vehicle
insurance; amending s. 624.124, F.S.; referring to a definition of "motor
vehicle" for purposes of the section; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance.

By Representatives Couch, Brooks, Sublette, Reddick, Constantine,
Starks, Trovillion, Webster, and Sindler-
HB 1231-A bill to be entitled An act relating to the City of Orlando,
Orange County, and the pension fund of the Orlando Police Department;
amending and restating the pension fund and retirement plan created by
chapter 22414, Laws of Florida, 1943, as amended; providing severability;
providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Governmental
Operations.

By Representative Barreiro-
HB 1233-A bill to be entitled An act relating to ad valorem tax
exemption; amending s. 196.012, F.S.; expanding the definition of
"educational institution" for ad valorem tax exemption purposes to include
nonprofit private schools principally conducting classes accepted for
continuing postgraduate dental education credit; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education, Finance & Taxation,
and Appropriations.

By Representatives Couch, Brooks, Sublette, Constantine, Starks,
Trovillion, Webster, Reddick, and Sindler--
HB 1235-A bill to be entitled An act relating to Orange County;
relating to the Valencia Water Control District created pursuant to chapter
298, F.S.; amending chapter 80-556, Laws of Florida, as amended;
redefining the boundaries of the district; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Finance &
Taxation.

By Representative Couch-
HB 1237-A bill to be entitled An act relating to elections; amending
s. 15.21, F.S.; deleting a provision requiring the collection of a specified

number of signatures in order to initiate the review process required of
each constitutional amendment proposed by initiative; amending s. 99.097,

79

F.S.; increasing the amount supervisors of elections may charge for
checking signatures on initiative petitions; amending s. 100.371, F.S.;
prohibiting the collection of signatures on an initiative petition prior to
review and validation of the ballot title, substance, and text of the
amendment by the Supreme Court; prohibiting the sponsor of an initiative
petition from paying for the collection of signatures based on the number
of signatures obtained; prohibiting the sponsor of an initiative petition who
pays to have signatures collected from filing an oath of undue burden in
lieu of paying the fee required to have signatures verified; providing a
signature verification period; amending s. 104.185, F.S.; prohibiting the
signing of another person's name or a fictitious name on any petition for
a candidate, a minor party, or an issue; providing penalties; providing
applicability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections, Finance &
Taxation, and Appropriations.

By Representatives Dawson, D. Prewitt, Dennis, Wasserman Schultz,
Heyman, Greene, Chestnut, Bullard, and Frankel-
HB 1239-A bill to be entitled An act relating to osteoporosis
prevention and education; creating s. 402.475, F.S.; establishing the
osteoporosis prevention and education program within the Department of
Health and Rehabilitative Services; providing duties and responsibilities;
providing for administration by the State Health Office, in consultation
with the Department of Elderly Affairs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Fasano-
HB 1241-A bill to be entitled An act relating to homebuyer
protection; creating s. 713.165, F.S.; providing for forfeiture of the right to
a lien under certain construction contracts under certain circumstances;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

HB 1243-Withdrawn

By Representative Barreiro-
HB 1245-A bill to be entitled An act relating to saltwater fishing
license fees; amending s. 370.0608, F.S; providing for the annual
encumbrance or expenditure of certain funds; revising the amount of funds
required to be spent on certain programs; directing the Department of
Environmental Protection to make an annual report to the Legislature
with respect to the use of funds collected on saltwater fishing licenses;
amending s. 370.0609, F.S.; conforming to the act; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Merchant-
HB 1247-A bill to be entitled An act relating to credit unions;
amending s. 657.053, F.S.; revising the requirements for the semiannual
assessment paid by credit unions to the Department of Banking and
Finance under the Florida Credit Union Act; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representative Couch-
HB 1249-A bill to be entitled An act relating to water resources;
creating the "Geneva Freshwater Lens Protection Act"; providing
legislative findings; requiring the St. Johns River Water Management
District to establish the boundaries of the Geneva Freshwater Lens
recharge area; directing certain agencies to implement certain
recommendations of the Geneva Freshwater Lens Task Force by certain
times; prohibiting exportation of water from the recharge area for a certain

time; providing exceptions; requiring future legislative review; providing
an effective date.

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

80 JOURNAL OF THE HOUSE

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

By Representative Trammell-
HB 1251-A bill to be entitled An act relating to domestic violence;
amending s. 741.29, F.S.; providing legislative intent with respect to
services for victims of domestic violence; amending s. 741.2902, F.S.,
relating to legislative intent with respect to injunctions for protection
against domestic violence; providing guidelines and time limits for court-
ordered participation in a batterers' intervention program; amending s.
741.30, F.S.; requiring the clerk of court to furnish the sheriff with specified
information on respondents; revising guidelines for transmission of
specified information by the sheriff; restricting the authority to serve or
execute injunctions for protection against domestic violence to specified
municipal or county law enforcement officers; amending s. 741.31, F.S.;
redefining the offense of violation of an injunction for protection against
domestic violence, and providing penalties therefore; amending s. 784.046,
F.S., relating to protective injunctions against repeat violence; requiring
the clerk of court to furnish the sheriff with specified information on
respondents; revising guidelines for transmission of specified information
by the sheriff; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Lynn-
HB 1253-A bill to be entitled An act relating to education; amending
ss. 230.23 and 232.26, F.S.; authorizing denial of admission to or expulsion
of a student who commits a criminal offense on district school property;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representatives Hafner, Bradley, and Safley-
HB 1255-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.04, F.S.; providing an exemption from
the tax on admissions for admissions to certain collegiate basketball
tournament games; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representative Andrews-
HB 1257-A bill to be entitled An act relating to educational facilities;
creating s. 235.0155, F.S.; providing for development of prototype designs
for public schools; providing requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Educational Facilities, Select, and
Appropriations.

By Representatives Couch, Brooks, Sublette, Reddick, Constantine,
Starks, Trovillion, Webster, and Sindler--
HB 1259-A bill to be entitled An act relating to West Orange
Healthcare District, Orange County; amending chapter 26066, Laws of
Florida, 1949, as amended; authorizing the board of trustees to form a not-
for-profit corporation, to enter into contracts and lease agreements, and to
convey real and personal property with or to a not-for-profit corporation
in order to carry out the purposes of this act; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representatives Rodriguez-Chomat, Morse, King, Logan, Fasano,

Lynn, Starks, Betancourt, Diaz de la Portilla, Garcia, Barreiro, and
Villalobos-
HB 1261-A bill to be entitled An act relating to corporate income tax;
amending s. 220.02, F.S.; providing legislative intent that the provisions of
s. 1445 of the Internal Revenue Code, regarding withholding of tax on

I

By Representatives Brown, Boyd, Bitner, and Arnall-
HB 1271-A bill to be entitled An act relating to safety; amending s.
442.0105, F.S.; providing criteria by which the Division of Safety shall
identify employers whose employees have a high frequency and severity of
work-related injuries; providing an effective date.

E OF REPRESENTATIVES March 7, 1995

dispositions of United States real property interests, be applied to the
Florida Income Tax Code; amending s. 220.03, F.S.; providing definitions;
amending s. 220.24, F.S.; providing that a transferee subject to such
withholding provisions is required to make a declaration of estimated tax;
amending s. 220.241, F.S.; providing the filing date for such declaration;
amending s. 220.33, F.S.; providing that any person required to deduct and
withhold a tax subject to said section is also subject to declaration of
estimated tax requirements; specifying the amount of tax in the case of
disposition of property by a foreign corporation; amending s. 220.34, F.S.;
requiring timely notice to the Department of Revenue if specific exceptions
apply; providing requirements with respect thereto; amending s. 213.29,
F.S.; providing that any person who fails to withhold required amounts is
responsible for paying such amount, subject to penalty and interest and
lien procedures; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.
By Representatives Ziebarth and Morroni-
HB 1263-A bill to be entitled An act relating to insurance; amending
s. 627.4137, F.S.; authorizing certain enforcement actions to compel
production of certain information under certain circumstances; providing
an entitlement to injunctive relief under certain circumstances; providing
for recovery of economic damages, attorney's fees, and costs; amending s.
627.426, F.S.; prohibiting liability insurers from denying coverage based on
certain exclusions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Merchant-
HB 1265-A bill to be entitled An act relating to the qualified defense
contractor tax refund program; reenacting and amending s. 288.104, F.S.,
which establishes such program and provides procedures, requirements,
limitations, and penalties with respect thereto; revising definitions;
increasing the annual limit on refunds under the program; revising
requirements for application for certification and annual claim for refund;
revising qualification requirements for applicants; revising provisions
relating to expiration of the program; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.
By Representatives Martinez and Rodriguez-Chomat-
HB 1267-A bill to be entitled An act relating to collective bargaining;
amending s. 447.309, F.S.; providing for the funding and administration of
agreements when the state is a party; amending s. 447.403, F.S.; providing
procedures for the resolution of impasses affecting local police or
firefighters; creating s. 447.50, F.S.; providing for the modification and
negotiation of the impact of a financial urgency; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.
By Representative Lynn-
HB 1269-A bill to be entitled An act relating to the confidentiality of
records pertaining to an economic development agency; amending s.
288.075, F.S.; amending the definition of the term "economic development
agency," as used in providing for the confidentiality of the records of such
an agency; providing a justification for this exemption from the public
records law; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

JOURNAL OF THE HOUSE]

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

By Representatives Couch, Brooks, Sublette, Reddick, Constantine,
Starks, Trovillion, Webster, and Sindler-
HB 1273-A bill to be entitled An act relating to the City of Ocoee,
Orange County; providing the city commission with the authority, by
ordinance and without referendum, to amend the city's municipal charter,
to provide for new election dates for municipal elections and to further
amend the city's municipal charter to provide for new beginning dates for
terms of office and to provide for extended or shortened terms for
incumbents to coincide with such new election dates; providing an effective
date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Ethics &
Elections.

By Representative Trovillion-
HB 1275-A bill to be entitled An act relating to juvenile justice;
amending s. 39.044, F.S., relating to detention; providing that a child who
has been placed in detention care prior to a detention hearing and is
charged with any second degree felony may continue to be detained by the
court; removing requirement that certain additional circumstances exist as
a basis for continued detention of a child charged with a second degree
felony involving a violation of chapter 893, F.S.; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Juvenile Justice and Appropriations.

By Representative B. Saunders-
HB 1277-A bill to be entitled An act relating to mergers of business
entities or corporations; amending s. 48.101, F.S.; specifying service of
process on certain dissolved corporations; amending s. 607.0732, F.S.;
providing an additional criterion of shareholder agreements; providing
limitations; creating ss. 607.1108, 607.1109, and 607.1110, F.S.; providing
for mergers of domestic corporations and other business entities under
certain circumstances; requiring a plan of merger; providing criteria;
providing for articles of merger; providing for effect of merger; creating ss.
608.438, 608.4381, 608.4382, 608.4383, and 608.4384, F.S.; providing for
mergers of limited liability companies under certain circumstances;
requiring a plan of merger; providing criteria; providing for action on a plan
of merger; providing procedures; providing for articles of merger; providing
for effect of merger; providing for rights of dissenting members; providing
procedures; creating ss. 620.201, 620.202, 620.203, 620.204, and 620.205,
F.S.; providing for mergers of domestic limited partnerships under certain
circumstances; requiring a plan of merger; providing criteria; providing for
action on a plan of merger; providing procedures; providing for articles of
merger; providing for effect of merger; providing for rights of dissenting
partners; providing procedures; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation, and
Appropriations.

By Representative Trovillion--
HB 1279-A bill to be entitled An act relating to public schools;
amending s. 233.067, F.S., relating to the comprehensive health education
and substance abuse prevention program; providing that the program shall
be optional; providing for local administration; authorizing the inclusion
of specified components; requiring written request for enrollment in
certain instructional activities; revising Department of Education duties;
requiring a report; deleting provisions relating to student exemption from
instruction; amending s. 236.0811, F.S., relating to teacher education

training, to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

March 7, 1995

233, 93-312, and 94-409, Laws of Florida, relating to the Hillsborough
County Port District; providing a saving clause; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

E OF REPRESENTATIVES 81

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

By Representatives Couch, Brooks, Sublette, Reddick, Constantine,
Starks, Trovillion, Webster, and Sindler-
HB 1281-A bill to be entitled An act relating to the West Orange
Healthcare District; amending sections 14 and 15 of chapter 26066, Laws
of Florida, 1949, as amended; limiting the authorized rates of taxation of
property for certain purposes; providing for future repeal of the authority
to levy such taxes; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By Representative Minton-
HB 1283-A bill to be entitled An act relating to the Sunrise Theater
in Fort Pierce, St. Lucie County; providing an appropriation, in
conjunction with local matching funds, to fund a grant to purchase the
theater and surrounding property; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Burroughs and Melvin-
HB 1285-A bill to be entitled An act relating to Santa Rosa County;
amending and codifying ch. 94-490, Laws of Florida, which substantially
revised ch. 79-561, Laws of Florida, as amended; amending the definition
of "unclassified service"; renaming positions; providing technical
amendments; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Lawson-
HB 1287-A bill to be entitled An act relating to motor vehicle rentals;
amending s. 322.38, F.S.; prohibiting the lessor of a motor vehicle, as part
of the rental agreement, from holding the lessee liable for the negligent
operation of the motor vehicle by another authorized driver; providing a
definition; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Sublette, Boyd, Constantine, Peeples, Starks, Davis,
King, Arnold, Merchant, Minton, Fuller, D. Saunders, Andrews, Bainter,
Bitner, Casey, Couch, Crow, Culp, Fasano, Futch, Livingston, Lynn,
Morroni, Sanderson, Thrasher, Trovillion, R. Wallace, Warner, and
Ziebarth-
HB 1289-A bill to be entitled An act relating to public construction;
amending s. 287.084, F.S.; including construction services within those
services which may receive a preference in the competitive bidding process
if the bidder is a Florida business; prohibiting any county, municipality,
school district, or other political subdivision of the state from granting its
local businesses bid preferences over other Florida businesses; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Martinez, Miller, Littlefield, Bradley, Laurent,
Davis, Culp, and Johnson-
HB 1291-A bill to be entitled An act relating to Hillsborough County
Port District; consolidating, compiling, and codifying extant laws
pertaining to the district; providing legislative intent; conforming
terminology; restoring words deleted through apparent inadvertence in the
bond issuance provision; deleting provisions that have had their effect;
revising provisions pertaining to public hearings, condemnation
proceedings, the power to borrow money and incur indebtedness, the power
to enter into joint agreements, withdrawal of moneys from the treasury of
the port authority, awarding of contracts, adoption of rates and
regulations, promotion and sales, and reimbursement for travel expenses;
providing for periodic consolidation, compilation, and recodification of
those lavrs; providing severability; repealing chs. 84-447, 87-426, 91-380, 92-

82 JOURNAL OF THE HOUSE

By Representative Merchant-
HB 1293-A bill to be entitled An act relating to Northern Palm Beach
County Water Control District, Palm Beach County; amending chapter 59-
994, Laws of Florida, as amended, by changing the name of the district to
the Northern Palm Beach County Improvement District; clarifying the
district's authority to provide, finance, construct, operate, and maintain
(public and) community or public preserves, playgrounds, amphitheaters,
and recreation and sports areas and facilities, including equipment and
apparatus required or related thereto, to appoint an officer or employee to
recommend for adoption district policies and procedures for the
management and operation of the district, including delegation of
enforcement and implementation of the policies and procedures, to adopt,
by resolution, rules, and procedures for the letting of contracts which don't
exceed the Category 2 amount of s. 287.017, F.S.; providing an effective
date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Martinez, Davis, Johnson, Laurent, Miller, Bradley,
Littlefield, Crist, R. Wallace, and Culp-
HB 1295-A bill to be entitled An act relating to the Hillsborough
County Public Transportation Commission; amending chapter 83-423,
Laws of Florida, as amended by chapters 87-496 and 88-493, Laws of
Florida; deleting obsolete language; providing technical changes in
language relating to membership of the commission; providing that
meetings may occur less than monthly; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Lynn, Ziebarth, Culp, Trovillion, Livingston,
Maygarden, Fasano, Ball, Bainter, and Ascherl-
HB 1297-A bill to be entitled An act relating to Volusia County;
providing for legislative intent; providing uniform filing dates and uniform
election dates for municipal elections; providing for terms of office;
providing for correspondence of terms of municipal office to the common
dates provided in this act; providing that the general law for absentee
ballots shall apply to all absentee ballots in municipal elections; providing
for exemptions; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peeples-
HB 1299-A bill to be entitled An act relating to the City of Arcadia,
DeSoto County; repealing sections 31 and 31.1 of the City Charter of the
City of Arcadia; adopting a new section of the City Charter of the City of
Arcadia which provides that all elections for the election of officers of the
City of Arcadia shall be held and conducted in the manner prescribed in
the City Code of the City of Arcadia; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Horan--
HB 1301-A bill to be entitled An act relating to Monroe County;
authorizing the school board to deposit proceeds from the sale of real
property into an interest-bearing account and to use the interest to fund
certain school transportation needs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative B. Saunders-
HB 1303-A bill to be entitled An act relating to Collier County;
amending chapter 78-494, Laws of Florida, relating to the Immokalee
Water and Sewer District; adding "waterworks" to the definition of "water
systems"; adding language authorizing the district to institute, maintain,

and enforce a grease management program for the district's commercial
and industrial customers; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

I1

- --- -- -- ---

Protection and the Department of Labor and Employment Security;
providing eligibility criteria; providing for application for economic
assistance; providing for economic assistance payments; providing a limit
on such assistance; providing for purchase of commercial fishing gear and
vessels rendered illegal or useless; providing for retraining programs;

E OF REPRESENTATIVES March 7, 1995

By Representatives Sublette and Davis-
HB 1305-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.051, F.S., relating to optional
participation for cities and special districts; authorizing public hospital
special districts in the Florida Retirement System to partially withdraw
from the system and establish an alternative retirement plan for future
employees only; providing for public hearing; providing for publication of
notice; providing for an actuarial report; providing for presentation of the
plan and report to each certified bargaining unit; requiring negotiation;
providing for adoption of a resolution; providing conditions; providing a
declaration of important state interest; providing for increase of retirement
contributions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Couch-
HB 1307-A bill to be entitled An act relating to the City of Oviedo;
providing an appropriation for matching funds for the construction of a
volleyball training facility; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peaden-
HB 1309-A bill to be entitled An act relating to administrative
procedures; amending s. 120.54, F.S.; revising language with respect to the
impact of a proposed adoption, amendment, or repeal of a rule with respect
to small business and small counties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Morroni, Jones, Safley, Brennan, K. Pruitt,
Frankel, Bradley, and Crow-
HB 1311-A bill to be entitled An act relating to education; amending
ss. 230.23 and 230.33, F.S., relating to duties of district school boards and
school superintendents; revising provisions relating to reappointment of
personnel and nominations therefore; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peaden-
HB 1313-A bill to be entitled An act relating to arrests; authorizing
a law enforcement officer to arrest without warrant a person who the officer
has probable cause for believing has committed the offense of disruption
of an educational institution, under specified circumstances; precluding
the law enforcement officer's liability for false arrest, false imprisonment,
or unlawful detention on account of such arrest; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Edwards-
HB 1315-A bill to be entitled An act relating to legal actions brought
by prisoners; amending s. 57.081, F.S.; providing that prisoners are not
entitled to receive without charge certain services of courts, sheriffs, and
clerks; creating s. 57.085, F.S.; providing circumstances for prepayment or
waiver of court costs and fees of indigent prisoners; amending s. 95.11, F.S.;
providing limits for filing of petitions and actions brought by or on behalf
of prisoners; creating s. 944.279, F.S.; providing for loss of gain-time for
filing frivolous or malicious actions; amending s. 944.28, F.S.; specifying
that gain-time is subject to forfeiture for bringing frivolous or malicious
actions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Boyd-
HB 1317--A bill to be entitled An act relating to saltwater fisheries;
creating s. 370.0805, F.S.; creating a net ban economic assistance program
to supplement lost income of commercial saltwater products licensees and
wholesale and first-level retail saltwater products dealers; providing for
administration and enforcement by the Department of Environmental

JOURNAL OF THE HOUSE

providing for gear and vessel conversion grants and loans; providing for
funding of the program; providing for rules; providing definitions;
providing appropriations; requiring state agencies to give displaced
saltwater products workers priority consideration for job vacancies;
providing for designation of additional enterprise zones in certain affected
communities; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Klein-
HB 1319-A bill to be entitled An act relating to capital felonies;
amending s. 27.7001, F.S.; providing legislative intent to restrict scope of
collateral representation provided in capital cases; amending s. 119.07,
F.S., relating to public records; providing legislative intent with respect to
discovery in collateral postconviction proceedings; amending ss. 921.141
and 921.142, F.S.; providing for judicial use of nonbinding advisory
recommendations returned by the jury in a capital case and in a capital
drug trafficking case; removing references to advisory sentence; providing
for severability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peaden-
HB 1321-A bill to be entitled An act relating to home health agencies;
creating s. 400.488, F.S.; prohibiting certain activities by Medicare certified
home health agencies; providing penalties; amending s. 408.032, F.S.;
providing a definition; creating s. 408.0421, F.S.; prohibiting the transfer
of certificates of need for home health agencies; providing penalties;
repealing ss. 18 and 19 of ch. 93-214, Laws of Florida, relating to the repeal
of certificate-of-need regulation of home health agencies and conforming
amendments; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peaden-
HB 1323-A bill to be entitled An act relating to firesafety; amending
s. 213.053, F.S.; providing confidentiality to subpoenas issued by the State
Fire Marshal; amending s. 409.175, F.S.; requiring family foster homes to
meet certain firesafety standards; requiring annual inspection; amending
ss. 633.01, 633.021, 633.025, and 633.161, F.S.; deleting obsolete cross
references and clarifying language; amending s. 633.022, F.S.; requiring the
Department of Insurance to establish firesafety standards for motion
picture and television special effects operations; deleting an obsolete cross
reference; amending s. 633.052, F.S.; authorizing certain counties and
municipalities to enforce firesafety code violations under certain
circumstances; amending s. 633.061, F.S.; revising the requirements for
engaging in the business of servicing, inspecting, and installing fire
extinguishers and systems; clarifying language; amending s. 633.081, F.S.;
requiring firefighters to be supervised by firesafety inspectors when
performing inservice inspections; amending s. 633.085, F.S.; deleting a
requirement for annual inspection by the State Fire Marshal for state-
leased space in lieu of plans review; amending s. 633.111, F.S.; deleting a
provision concerning hearings for release of active investigative
information; amending s. 633.175, F.S.; excluding certain investigators
employed by an insurance company or employed by the National Insurance
Crime Bureau from liability for damages for furnishing certain information
concerning fires suspected to be other than accidental under certain
circumstances; amending s. 633.35, F.S.; clarifying training requirements
for firefighter certification; creating s. 633.352, F.S.; providing continuing
education requirements for maintaining firefighter certification; amending
s. 633.382, F.S.; clarifying a definition; revising provisions specifying
qualifications for supplemental compensation; amending s. 633.44, F.S.;
clarifying the purposes of the Florida State Fire College; repealing s.
633.351(3), F.S., relating to maintenance of certification as a firefighter;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative K. Pruitt-
HB 1325-A bill to be entitled An act relating to firesafety; prescribing
uniform criteria for operation of independent special fire control districts;
preempting certain special acts and general acts of local application;
providing for the election of district boards of commissioners; providing for

officers of such boards; providing for commissioners' compensation and
expenses; providing general and special powers of districts; providing for

March 7, 1995

endorsement of certain certificates or licenses; specifying limitations;
reenacting s. 466.028(1)(gg), F.S., relating to grounds for disciplinary
action, to incorporate the amendment to s. 466.017, F.S., in a reference
thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

E OF REPRESENTATIVES 83

ad valorem taxes, non-ad valorem assessments, user charges, bonds, and
impact fees; providing for referenda; providing for intergovernmental
coordination; providing for expansion, merger, and dissolution of such
districts; amending s. 316.072, F.S.; providing penalties for failure to obey
orders or directions of fire department members at the scene of rescue
operations or other emergencies; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Casey-
HB 1327-A bill to be entitled An act relating to drivers' licenses;
creating s. 322.2616, F.S.; prohibiting individuals under a specified age who
have a specified blood or breath alcohol level from operating a motor
vehicle; authorizing law enforcement officers or correctional officers to
suspend the driver's license of such a person who drives a motor vehicle
with a specified blood or breath alcohol level or while impaired or who
refuses to submit to a blood or breath alcohol test; prescribing a minimum
term of suspension of the driving privilege before an eligible person may
be issued a license for business or employment purposes; providing for
consent to be tested; providing procedures; providing for review; providing
for appeal to the circuit court; providing an appropriation; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Minton-
HB 1329-A bill to be entitled An act relating to United States flag
display; amending s. 256.11, F.S.; providing that it is a noncriminal
violation for an auditorium administrator or any other person to illegally
remove the United States flag from certain public auditoriums or grounds;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Hafner-
HB 1331-A bill to be entitled An act relating to education; amending
s. 229.58, F.S.; providing conditions for membership of school advisory
councils; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Cosgrove-
HB 1333-A bill to be entitled An act relating to traffic violations;
amending ss. 316.646, 322.34, F.S.; requiring that the court impose
additional penalties for the offense of operating a motor vehicle without
proof of personal injury security and for the offense of operating a motor
vehicle while a person's driver's license or driving privilege is canceled,
suspended, or revoked; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative D. Saunders-
HB 1335-A bill to be entitled An act relating to environmental and
land use dispute resolution; creating the "Florida Land Use and
Environmental Dispute Resolution Act"; providing definitions; providing
procedures that a property owner may take when the property owner
believes that a development order has inordinately burdened use of the
property; providing for powers and duties of the special master; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative K. Pruitt-
HB 1337-A bill to be entitled An act relating to dentistry and dental
hygiene; amending s. 466.017, F.S.; authorizing administration of local
anesthesia by licensed dental hygienists; requiring supervision by a
licensed dentist; requiring certification; specifying qualifications;
providing a fee; providing for an approved course of study; providing for
rules; providing a continuing education requirement; providing for

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Peeples-
HB 1339-A bill to be entitled An act relating to the Water
Management District Review Commission; extending the existence of the
commission; delaying date of a report to the Governor and Legislature;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peeples-
HB 1341-A bill to be entitled An act relating to audits of district
school boards; amending s. 11.45, F.S., relating to audits; requiring that an
independent full-time auditor or certified public accountant hired by a
school district report directly to the school board or its designee; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Hafner-
HB 1343-A bill to be entitled An act relating to law enforcement;
amending s. 901.15, F.S., relating to lawful arrest by a law enforcement
officer without warrant; authorizing such arrest on the officer's reasonable
belief that a misdemeanor involving violence or imminent danger to
another person or involving weapons or firearms is being committed;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Reddick-
HB 1345-A bill to be entitled An act relating to homestead
exemptions; creating s. 196.1977, F.S.; providing a homestead tax
exemption for low-income-housing tax-credit developments; providing
applicability to assessment rolls beginning January 1, 1995; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Thrasher-
HB 1347-A bill to be entitled An act relating to administrative
procedures; creating the Florida Regulatory Transition Act of 1995;
creating s. 120.75, F.S.; providing for a transition period on rulemaking
actions; creating s. 120.751, F.S.; providing definitions; creating s. 120.752,
F.S.; providing for a moratorium on rules; creating s. 120.753, F.S.;
providing for a special rule on statutory, regulatory, and judicial deadlines;
creating s. 120.754, F.S.; providing an exemption; creating s. 120.755, F.S.;
providing for a civil action with respect to persons affected by certain rules;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Casey-
HB 1349-A bill to be entitled An act relating to taxes on tobacco
products; amending s. 210.02, F.S.; increasing the rate of the excise tax on
cigarettes; amending s. 210.20, F.S.; revising the distribution of proceeds
of the cigarette tax; amending s. 210.25, F.S.; including cigars within the
definition of "tobacco products" for purposes of taxation thereof; amending
s. 210.30, F.S.; increasing the rate of the tax on tobacco products; amending
s. 210.55, F.S.; revising the portion of the proceeds of the tax on tobacco
products which distributors may keep as a collection allowance; amending
s. 210.70, F.S.; revising the distribution of the proceeds of the tax on
tobacco products; providing for a tax on the inventory of cigarettes and
tobacco products on hand on the effective date of the act; providing for
application of penalties and interest; providing for distribution of the
proceeds of the inventory tax; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Cosgrove--
HB 1351-A bill to be entitled An act relating to Metropolitan Dade
County; providing for the relief of Edgar Groh; to compensate him for
damages sustained as a result of a motor vehicle accident with a
Metropolitan Dade County police vehicle; providing an effective date.

Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Andrews-
HB 1353-A bill to be entitled An act relating to Loxahatchee Groves
Water Control District; providing for the relief of Jose Rodriquez, as
personal representative of the estate of Angel Antonio Rodriquez, and for
the benefit of the estate of Angel Antonio Rodriquez, decedent, Justa
Rodriquez, as surviving spouse of Angel Antonio Rodriquez, and Lourdes
Rodriquez, as a surviving minor child of Angel Antonio Rodriquez;
providing an appropriation to compensate them for losses they sustained
as the result of an accident which caused the death of Angel Antonio
Rodriquez, the spouse and father, respectively, due to the negligence of
Loxahatchee Groves Water Control District; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Cosgrove-
HB 1355-A bill to be entitled An act relating to probate and trust;
amending s. 731.201, F.S.; redefining the term "interested person" for the
purposes of the Florida Probate Code; amending s. 733.6171, F.S.; changing
the method of calculation and determining the amount of fees for attorneys
for personal representatives; disallowing certain attorney's fees if the
request for the fee is substantially unreasonable; amending s. 737.204, F.S.;
adding procedures to review fees payable to trustees and other employees
in trust administration; providing for notice; creating s. 737.2041, F.S.;
providing for procedures to determine attorney's fees in trust
administrations similar to the procedure and rate structure in probate;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Futch-
HB 1357-A bill to be entitled An act relating to defamation; repealing
s. 836.04, F.S.; relating to defamation of a woman, imputing to her a want
of chastity; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Lynn and Sindler-
HB 1359-A bill to be entitled An act relating to postsecondary
education; amending s. 240.311, F.S.; revising requirements of a report
from each community college on progress towards meeting state and
institutional quality goals; amending s. 240.335, F.S.; eliminating a report
by a community college district board of trustees concerning programs to
eradicate discrimination in the granting of salaries to employees; amending
s. 240.347, F.S.; eliminating salary information in the legislative budget
request; repealing ss. 239.237 and 240.138, F.S., relating to a vocational and
adult education equipment system and the reporting by universities and
community colleges of foreign gifts; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Livingston-
HB 1361-A bill to be entitled An act relating to handguns; amending
s. 790.065, F.S., relating to sale and delivery of firearms; restricting the
regulatory scope of specified provisions to handguns in lieu of firearms;
removing references to "firearms" and substituting references to
"handguns"; revising duties or liabilities of importers, manufacturers, and
dealers; revising powers and duties of the Department of Law
Enforcement; restricting the application of specified penalties to persons
who commit offenses involving handguns; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peaden-
HB 1363-A bill to be entitled An act relating to providers of
designated health services; repealing s. 455.2555, F.S., relating to a fee
schedule imposed on providers of designated health services; providing
legislative intent with respect to civil causes of action based on such
section; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Fuller-

HB 1365-A bill to be entitled An act relating to community
corrections assistance; amending s. 948.51, F.S.; revising the Community

84

March 7, 1995

JOURNAL OF THE HOUSE]

Corrections Partnership Act to allow two or more counties to form a
consortium and receive funds for corrections and public safety programs;
requiring the formation of a public safety coordinating council to prepare
a comprehensive public safety plan; requiring the public safety
coordinating council to cooperate with the district juvenile justice board
and the county juvenile justice council; revising the requirements of the
comprehensive public safety plan; providing additional responsibilities of
the Department of Corrections in administering the act; deleting a
limitation on the amount that a county may diminish its spending for
correctional and public safety programs; requiring the department to
reimburse certain expenses incurred by a county in performing an
evaluation; specifying additional programs, services, and facilities that may
be funded under the act; providing for funding the costs of health care for
offenders placed in programs or facilities operated under the act; amending
s. 951.26, F.S.; revising the membership of a public safety coordinating
council for a county; providing for the membership of a public safety
coordinating council for a consortium of two or more counties; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Brown-
HB 1367-A bill to be entitled An act relating to the Sarasota-Manatee
Airport Authority; amending chapter 91-358, Laws of Florida; authorizing
the investment of authority surplus public funds; providing for the
safekeeping of authority securities; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peeples-
HB 1369-A bill to be entitled An act relating to filing of documents;
creating s. 213.347, F.S.; prohibiting the filing of certain instruments;
providing an exception; providing a penalty; providing a statute of
limitations; creating s. 695.30, F.S.; providing for actions against wrongful
filers of certain documents; providing definitions; providing for damages;
providing for award of attorney's fees; providing for liens under certain
circumstances; providing for liability; providing application; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Roberts-Burke-
HB 1371-A bill to be entitled An act relating to child custody;
amending s. 61.13, F.S.; revising language with respect to jurisdiction to
modify an award of child custody; amending s. 61.30, F.S.; revising
language with respect to child support guidelines; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Davis-
HB 1373-A bill to be entitled An act relating to Medicaid funds;
authorizing school district receipt of funds for specified students; providing
for a separate reimbursement program; providing conditions for receipt of
funds; providing for establishment of fees by the Agency for Health Care
Administration; specifying services covered under the school-based
program; providing duties of the Department of Health and Rehabilitative
Services and the Department of Education; providing requirements for an
administrative-cost-reimbursement program; authorizing receipt of
certain federal funds; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Hafner--
HB 1375-A bill to be entitled An act relating to consumer protection;
creating ss. 501.170-501.177, F.S.; creating the "Florida Motor Vehicle
Lease Disclosure Act"; providing applicability; providing definitions;
requiring retail lessors to make certain disclosures; providing for
cancellation and conversion by retail lessees; providing that failure to
comply with the act is a deceptive and unfair trade practice; providing an

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

March 7, 1995

commercial lines residential coverage with respect to the Property and
Casualty Joint Underwriting Association; requiring commercial lines
residential coverage by the Residential Property and Casualty Joint
Underwriting Association; providing for assessments of plan members
relating to commercial lines residential coverages; deleting provisions

E OF REPRESENTATIVES 85

By Representative Roberts-Burke-
HB 1377-A bill to be entitled An act relating to the Florida
Contraband Forfeiture Act; amending s. 932.703, F.S.; revising provisions
relating to lienholder's interests in the forfeiture of contraband articles;
requiring the perfection of the interest; providing for the effect of forfeiture
on the lienholder's interest; providing for the effect of a judicial
determination that the seizure of collateral was supported by probable
cause; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Warner-
HB 1379-A bill to be entitled An act relating to protection of marine
turtles; amending s. 370.12, F.S.; prohibiting the Department of
Environmental Protection from limiting or qualifying the timing of certain
projects involving nesting marine turtles under certain circumstances;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Harris, K. Pruitt, Smith, Peaden, Boyd, Trammell,
Tedder, Kelly, Minton, Ritchie, Wise, and Thrasher-
HB 1381-A bill to be entitled An act relating to private property
rights; creating the "Private Property Rights Act of Florida"; requiring full
compensation for depriving or devaluing the lawful use of private property;
providing for jurisdiction; providing for venue; providing an exception;
providing for recovery of compensation; providing for award of attorney's
fees and costs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Boyd-
HB 1383-A bill to be entitled An act relating to education; amending
ss. 231.40 and 240.343, F.S.; revising provisions relating to sick leave for
school district and community college employees; providing definitions;
limiting the amount of pay certain employees may receive for unused sick
leave upon termination of employment; amending s. 231.41, F.S.;
correcting a cross reference; amending s. 231.481, F.S.; limiting the amount
of pay for unused vacation leave upon termination of employment;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peaden-
HB 1385-A bill to be entitled An act relating to substitution of drugs;
amending s. 465.025, F.S.; providing a definition; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Peeples-
HB 1387-A bill to be entitled An act relating to guardians ad litem;
creating s. 61.405, F.S.; providing civil immunity to a guardian ad litem
under specified circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Upchurch-
HB 1389-A bill to be entitled An act relating to insurance; amending
s. 215.555, F.S.; revising the definition of "covered policy"; amending s.
626.752, F.S.; providing an exception to certain insurance reporting
requirements relating to exchange of business; amending s. 627.062, F.S.;
authorizing recoupment by insurers of certain costs relating to the Florida
Hurricane Catastrophe Fund in rate filings; amending s. 627.0629, F.S.;
requiring, with respect to certain property insurance rate filings, factors
reflecting building code enforcement; authorizing insurers to use a
hurricane loss exposure model for residential property insurance rate
filings; creating s. 627.344, F.S.; authorizing recoupment by insurers of
certain joint underwriting plan or assigned risk plan assessments;
amending s. 627.351, F.S.; deleting provisions relating to certain

86

relating to policy and claim service; providing for the scope of coverage for
commercial lines residential coverages; specifying a ratemaking
methodology; providing for activation of commercial lines residential
coverage; authorizing the establishment of an indemnity, depopulation,
and credit committee; providing for membership; providing incentives for
depopulation and financial incentives to agents under certain
circumstances; providing for transfer of certain assets, liabilities, and rights
of the Property and Casualty Joint Underwriting Association to the
Residential Property and Casualty Joint Underwriting Association;
amending s. 627.3515, F.S.; specifying requirements and steps for the
market assistance plan; providing for funding; providing for a wind
mitigation credit committee; amending s. 627.701, F.S.; requiring
residential property insurance policies to provide certain deductibles;
providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Upchurch-
HB 1391-A bill to be entitled An act relating to postsecondary
education; amending s. 240.116, F.S.; providing for dual enrollment for
home education students; providing requirements; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Arnold-
HB 1393-A bill to be entitled An act relating to postsecondary
education; amending s. 240.147, F.S.; providing requirements relating to
the master plan prepared by the Postsecondary Education Planning
Commission; amending s. 240.209, F.S., relating to Board of Regents'
duties; renaming the systemwide master plan as the systemwide strategic
plan and providing requirements thereof; amending ss. 240.2093, 240.214,
240.227, 240.299, 243.151, and 282.308, F.S.; conforming provisions;
creating s. 240.6045, F.S.; establishing a limited access competitive grant
program; providing for identification of high priority employment fields;
providing student eligibility; providing for award of grants; providing for
rules; providing for an accountability process; amending s. 240.605, F.S.,
relating to Florida resident access grants; providing for a trust fund and
specifying requirements thereof; revising provisions relating to the amount
of grants; amending s. 471.015, F.S.; revising requirements relating to
licensure by endorsement as an engineer; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Roberts-Burke-
HB 1395-A bill to be entitled An act relating to crime victim
restitution; amending s. 960.0025, F.S.; creating a crime victim services
fund in each judicial circuit; providing for an annual report by the court
administrator; amending s. 775.089, F.S.; providing for deposit in such fund
of unclaimed restitution collected by the clerks of court and the
Department of Corrections; amending s. 921.187, F.S., relating to ordering
of restitution; providing for deposit in such fund of unclaimed restitution;
amending s. 945.091, F.S., relating to restitution collected from inmates
working at paid employment; providing for deposit in such fund of
unclaimed restitution; amending s. 947.147, F.S., relating to victim
restitution collected while a defendant is under control release; providing
for deposit in such fund of unclaimed restitution; amending s. 947.181, F.S.,
relating to restitution collected from inmates released on parole; providing
for deposit in such fund of unclaimed restitution; amending s. 948.03, F.S.,
relating to restitution collected from defendants under probation or
community control; providing for deposit in such fund of unclaimed
restitution; amending s. 948.032, F.S., relating to restitution ordered as a
condition of probation; providing for deposit in such fund of unclaimed
restitution; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Roberts-Burke-
HB 1397-A bill to be entitled An act relating to Metropolitan Dade
County; providing for the relief of Charles and Juliet Turner, as surviving
parents of Alyssa Turner; providing an appropriation to compensate them
for the death of their daughter, Alyssa Turner, due to the negligence of
Metropolitan Dade County; providing an effective date.

Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

March 7, 1995

By Representative Sublette-
HB 1399-A bill to be entitled An act relating to state government;
creating the State Employee Pay Equity Task Force; providing for
membership, purpose, duties, and organization of the task force; providing
for a project director, staff support through the Department of
Management Services, and interagency cooperation; requiring a report;
providing for abolishment of the task force; providing an appropriation;
providing effective and repeal dates.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Logan and King-
HCR 1401-A concurrent resolution of participation in a Conference
of the States.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Trovillion-
HB 1403-A bill to be entitled An act relating to the collection of taxes;
amending s. 95.091, F.S.; revising time limitations on the authority of the
Department of Revenue and of the Department of Business and
Professional Regulation to make determinations and assessments
regarding the amount of taxes, penalties, and interest due under certain tax
laws; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative D. Prewitt-
HB 1405-A bill to be entitled An act relating to mental health;
amending s. 394.463, F.S.; authorizing licensed mental health counselors
and marriage and family therapists to certify persons for involuntary
examination under "The Baker Act"; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Spivey-
HB 1407-A bill to be entitled An act relating to Citrus County;
providing for a referendum to be held on the issue of whether emergency
medical services in the county should be privatized; providing an effective
date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Bush-
HB 1409-A bill to be entitled An act relating to juvenile reception and
evaluation centers; creating s. 39.0561, F.S.; authorizing the Department
of Juvenile Justice to establish residential juvenile reception and
evaluation centers; requiring certain services to be offered in juvenile
reception and evaluation centers; providing for the placement of a juvenile
in a reception and evaluation center; providing for the transfer of a juvenile
from a reception and evaluation center to a commitment program;
providing for physically secure reception and evaluation centers; providing
rulemaking authority to the department; amending s. 39.044, F.S., relating
to detention; providing for the holding in a juvenile reception and
evaluation center of a child committed to a moderate-risk, high-risk, or
maximum-risk residential program; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Maygarden-
HB 1411-A bill to be entitled An act relating to military affairs;
amending ss. 250.481 and 250.482, F.S.; providing that the Florida
Department of Labor and Employment Security may have the primary
obligation to investigate and enforce complaints with respect to
employment discrimination and penalization by employers and
postsecondary institutions concerning members of reserve components of
the Armed Forces or troops called out into state active service; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Kelly-

HB 1413-A bill to be entitled An act relating to education;
establishing a 5-year policy to replace a specified portion of lottery funds

JOURNAL OF THE HOUSE OF REPRESENTATIVES

with general revenue funds and allocate such general revenue funds to the
base continuation budget for public education; providing for allocation of
such funds; providing for allocation of lottery funds freed up by this
replacement among the school districts, community colleges, and
universities; providing for use of such funds; providing for accountability
and reporting; amending s. 212.05, F.S.; providing for application of the
sales tax to specified charges by engineers and real estate agents or brokers;
providing requirements with respect thereto; providing for emergency
rules; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative D. Prewitt-
HB 1415-A bill to be entitled An act relating to tangible personal
property owned by local governments; amending s. 274.02, F.S.; redefining
the term "property" for purposes of recordkeeping and inventory by local
governmental units; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Bloom, Mackenzie, Fuller, and Sembler-
HB 1417-A bill to be entitled An act relating to seaports; creating s.
311.105, F.S.; creating the Florida Seaport Dredged-Material Management
Committee for the purpose of developing and annually updating the
Florida Seaport Dredged-Material Management Plan; providing for
membership of the committee; providing components and requirements of
the plan; authorizing issuance of certain permits relating to dredged-
material management; providing exemption from or credit for
environmental mitigation relating to dredged-material management;
amending s. 403.021, F.S.; requiring maintenance of water depths in
deepwater ports of the state to be in compliance with port master plans;
adding Fernandina and Key West as deepwater ports to which certain
maintenance provisions apply; amending ss. 163.3177, 163.3178, and
380.24, F.S., relating to coastal management elements of comprehensive
plans, to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Valdes-
HB 1419-A bill to be entitled An act relating to corrections; creating
s. 944.2571, F.S.; providing that a person convicted of murder or
manslaughter is ineligible for gain-time or early release; creating s. 945.092,
F.S.; providing that a prisoner who has ever been convicted of the crime
of escape is ineligible for work-release or minimum security confinement;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Roberts-Burke-
HB 1421-A bill to be entitled An act for the relief of Freddie Lee Pitts
and Wilbert Lee; providing an appropriation to compensate them for being
victims of a miscarriage of justice; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Roberts-Burke-
HB 1423-A bill to be entitled An act relating to insurance; creating
s. 627.41345, F.S.; requiring insurers to provide a notice to certain persons
regarding life insurance or annuity policies written to replace existing
contracts; providing a refund period for such policies; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Valdes-
HB 1425-A bill to be entitled An act relating to corporate income tax;
creating s. 220.187, F.S.; providing a credit against such tax for a
percentage of preventative cancer-screening procedures contributions
made by a business firm; providing eligibility and application
requirements; providing limitations; providing for carryover of the credit;
providing for administration by the Department of Health and
Rehabilitative Services; amending s. 220.02, F.S.; providing order of credits

against the tax; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

87

By Representative Cosgrove-
HB 1427-A bill to be entitled An act relating to contractor fraud;
renumbering and amending s. 252.361, F.S.; providing for requirements
with respect to moneys received by contractors; providing for the
application of the section at all times rather than during an emergency
order or proclamation; creating s. 489.1265, F.S.; providing for prohibited
acts by licensed contractors; providing penalties; creating s. 713.061, F.S.;
providing for defenses to liens for materials, services, or labor; creating s.
713.065, F.S.; providing for loss of lien rights with respect to persons not
in privity; amending s. 713.31, F.S.; providing a penalty for the fraudulent
filing of a lien; repealing section 2 of chapter 94-110, Laws of Florida;
conforming to the act; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Sindler-
HB 1429-A bill to be entitled An act relating to offenses against
children; creating s. 787.025, F.S.; prohibiting intentionally luring or
enticing, or attempting to lure or entice, a child under age 16 into a
structure, dwelling, or conveyance without the consent of the child's parent
or legal guardian for other than a lawful purpose; providing criminal
penalties therefore; providing affirmative defenses; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Sindler-
HB 1431-A bill to be entitled An act relating to criminal justice;
amending s. 16.56, F.S.; authorizing the Office of Statewide Prosecution in
the Department of Legal Affairs to investigate and prosecute specified
offenses defined as racketeering activity; amending s. 905.34, F.S.;
providing jurisdiction of the statewide grand jury over such offenses;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

First Reading of Committee Substitutes by Publication

By the Committee on Ethics & Elections; Representatives Constantine,
Minton, Goode, Tobin, Geller, Livingston, Roberts-Burke, Jacobs, Klein,
Healey, Lynn, Bainter, Merchant, Laurent, Smith, K. Pruitt, Maygarden,
Turnbull, Meek, Brown, Casey, Andrews, Greene, Betancourt, Bullard,
Ball, B. Saunders, Chestnut, Kelly, Starks, Couch, Trovillion, Sindler,
Reddick, Heyman, Posey, Feren, Warner, Morroni, Wasserman Schultz,
Carlton, Culp, Davis, Upchurch, Morse, Futch, and Hill-
CS/HB 5-A bill to be entitled An act relating to access to local public
officials; creating s. 286.0115, F.S.; providing a definition; providing for
access to public officials; authorizing investigations and receipt of
information; requiring disclosure of ex parte communication; authorizing
local rules or procedures; providing an effective date.

By the Committee on Insurance; Representative Geller-
CS/HB 49-A bill to be entitled An act relating to public adjusters;
amending s. 626.854, F.S.; limiting authority of public adjusters who are
acting on behalf of or aiding a person in negotiating or settling certain
claims; providing an exception; providing an effective date.

Reports of Standing Committees
Received February 7:
The Committee on Judiciary recommends the following pass:
HB 39
The above bill was referred to the Committee on Finance &
Taxation.
Received February 24:
The Committee on Insurance recommends a committee substitute for
the following:
HB 49
The above committee substitute was placed on the Calendar,

subject to review under Rule 8.4, and, under the rule, HB 49 was
laid on the table.

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

88 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 7, 1995

Received February 27: The above bill was referred to the Committee on
The Committee on Governmental Operations recommends the following Appropriations.
pass: Received March 7:
HB 29 The Committee on Ethics & Elections recommends a committee
The above bill was referred to the Committee on substitute for the following:
Appropriations. HB 5
Received March 6: The above committee substitute was placed on the Calendar,
subject to review under Rule 8.4, and, under the rule, HB 5 was
The Committee on Appropriations recommends the following pass: laid on the table.
HB 719, with 1 amendment (fiscal note attached)
The above bill was placed on the Calendar. Recessed
The Committee on Finance & Taxation recommends the following pass: Pursuant to the motion previously agreed to, the House recessed at
HB 719, with 1 amendment (fiscal note attached) 12:05 p.m., to reconvene at 11:00 a.m., Wednesday, March 8.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The Committees

(as of March 7, 1995)

[Democrats in roman

Aging & Human Services (Group I)
Mary Brennan (Chair), Carl Littlefield (Vice Chair), George Albright,
Bruno A. Barreiro, Elaine Bloom, Bob Brooks, Robert K. "Bob" Casey,
Willye F. Clayton Dennis, Lois J. Frankel, Steven A. Geller, Suzanne
Jacobs, Carlos A. Lacasa, Debra A. "Deb" Prewitt, Alzo J. Reddick, Helen
L. Spivey, Stephen R. Wise
Subcommittees
Aging & Rehabilitation: Jacobs (Chair), Barreiro, Geller, Littlefield,
Reddick, Spivey, Wise
Oversight & Investigations: Dennis (Chair), Albright, Bloom,
Casey, Frankel, Jacobs, Littlefield, Spivey
Social Services: Casey (Chair), Albright, Bloom, Brooks, Dennis,
Frankel, Lacasa, D. Prewitt

Agriculture & Consumer Services (Group I)
Bert J. Harris, Jr. (Chair), Marvin Couch (Vice Chair), Irlo "Bud"
Bronson, Jerrold "Jerry" Burroughs, John F. Cosgrove, James B. "Jim"
Fuller, Addie L. Greene, John Laurent, 0. R. "Rick" Minton, Jr., Luis C.
Morse, Durell Peaden, Jr., Dean P. Saunders, Charles W. "Charlie"
Sembler II, Kelley R. Smith, Debbie Wasserman Schultz, Earl Ziebarth
Subcommittees
Consumer Services: Greene (Chair), Burroughs, Fuller, Morse,
Peaden, D. Saunders, Sembler, Wasserman Schultz
General Agriculture: Bronson (Chair), Cosgrove, Couch, Laurent,
Minton, Smith, Ziebarth
Oversight & Investigations: Minton (Chair), Bronson, Couch,
Fuller, Greene, D. Saunders, Sembler, Ziebarth

Appropriations (Group V)
Buzz Ritchie (Chair), Lori Edwards (Vice Chair), George Albright,
J. Keith Arnold, David I. "Dave" Bitner, Mary Brennan, Irlo "Bud"
Bronson, Shirley Brown, Cynthia Moore Chestnut, D. Lee Constantine,
Jim Davis, Josephus Eggelletion, Jr., Rodolfo "Rudy" Garcia, Jr., Ben
Graber, Lars A. Hafner, Edward J. "Ed" Healey, Dennis L. Jones, James
E. "Jim" King, Jr., Alfred J. "Al" Lawson, Jr., Anne Mackenzie, Joseph R.
"Randy" Mackey, Jr., Elvin L. Martinez, Sharon J. Merchant, Luis C.
Morse, Vernon Peeples, Kenneth P. "Ken" Pruitt, Alzo J. Reddick, Beryl
D. Roberts-Burke, Luis E. Rojas, Debby P. Sanderson, Dean P. Saunders,
Charles W. "Charlie" Sembler II, Robert B. "Bob" Sindler, Bill Sublette,
Robert DeWitt "Rob" Trammell, Carlos L. Valdes, J. Alex Villalobos,
Stephen R. Wise
Subcommittees
Criminal Justice (Sub II): Roberts-Burke (Chair), Valdes
(Vice Chair), Bitner, Martinez, Sindler, Trammell, Villalobos
Education (Sub III): Arnold (Chair), Garcia (Vice Chair), Chestnut,
Constantine, Davis, Jones, King, Mackenzie, D. Saunders
Fraud, Overpayment & Error Rate Elimination (Sub VI):
Eggelletion (Chair), Morse (Vice Chair), Brennan, Healey, Jones,
D. Saunders, Sembler
General Government (Sub IV): Mackey (Chair), K. Pruitt (Vice
Chair), Healey, Lawson, Morse, Peeples, Sembler
Health & Human Services (Sub I): Hafner (Chair), Sanderson
(Vice Chair), Albright, Brennan, Eggelletion, Graber, Wise
Transportation & Economic Development (Sub V): Reddick
(Chair), Sublette (Vice Chair), Bronson, Brown, Rojas

Business & Professional Regulation (Group II)
Jack N. Tobin (Chair), Stephen R. Wise (Vice Chair), William F. "Bill"
Andrews, Shirley Brown, James Bush III, Victor D. Crist, Lars A. Hafner,

Republicans in italic]

Deborah James "Debbie" Horan, Dennis L. Jones, Carlos A. Lacasa,
Frederick "Fred" Lippman, Joseph R. "Randy" Mackey, Jr., Elvin L.
Martinez, John Morroni, Luis C. Morse, Alzo J. Reddick, Dean P.
Saunders, Robert B. "Bob" Sindler, Robert J. "Bob" Starks, Joseph G.
"Joe" Tedder, Carlos L. Valdes, Earl Ziebarth
Subcommittees
Business Regulation: Brown (Chair), Andrews, Hafner, Mackey,
Morroni, D. Saunders, Starks, Tedder, Ziebarth
Oversight & Investigations: Bush (Chair), Brown, Jones, Lippman,
Mackey, Morroni, Morse, Reddick, Starks, Tedder, Wise
Professional Regulation: Jones (Chair), Bush, Crist, Horan, Lacasa,
Lippman, Martinez, Morse, Reddick, Sindler, Valdes, Wise

Claims (Group V)
Edward J. "Ed" Healey (Chair), Luis E. Rojas (Vice Chair), Willye F.
Clayton Dennis, Steven B. Feren, Sally A. Heyman, Durell Peaden, Jr., Bill
Sublette, Robert DeWitt "Rob" Trammell, J. Alex Villalobos, Tom
Warner

Commerce (Group I)
Frederick "Fred" Lippman (Chair), David I. "Dave" Bitner (Vice Chair),
Joseph "Joe" Arnall, Annie Betancourt, Rudolph "Rudy" Bradley, Shirley
Brown, Scott W. Clemons, Muriel "Mandy" Dawson, Lori Edwards,
Rodolfo "Rudy" Garcia, Jr., Harry C. Goode, Jr., Ben Graber, Lars A.
Hafner, Buddy Johnson, Everett A. Kelly, Ron Klein, Alfred J. "Al"
Lawson, Jr., Ralph L. Livingston, Joseph R. "Randy" Mackey, Jr., Jerry
Louis Maygarden, Jerry G. Melvin, Sharon J. Merchant, Lesley "Les"
Miller, Jr., Mark R. Ogles, Vernon Peeples, Beryl D. Roberts-Burke, R. Z.
"Sandy" Safley, Debby P. Sanderson, J. Alex Villalobos, Rob Wallace,
Tom Warner
Subcommittees
Banking & Corporations: Safley (Chair), Clemons, Goode,
Livingston, Maygarden, Merchant, Roberts-Burke
General Commerce & Employment: Mackey (Chair), Bitner,
Edwards, Graber, Kelly, Ogles, Peeples, Villalobos, Warner
International Trade & Economic Development: Klein (Chair),
Bradley, Brown, Garcia, Johnson, Lawson, Melvin, Miller, Sanderson
Oversight & Investigations: Betancourt (Chair), Arnall, Dawson,
Hafner, R. Wallace

Community Affairs (Group III)
Harry C. Goode, Jr. (Chair), D. Lee Constantine (Vice Chair), William
F. "Bill" Andrews, Randy John Ball, Annie Betancourt, Shirley Brown,
Larcenia J. Bullard, Robert K. "Bob" Casey, Steven B. Feren, Addie L.
Greene, Ralph L. Livingston, Jerry Louis Maygarden, Kendrick B. Meek,
O. R. "Rick" Minton, Jr., Kenneth P. "Ken" Pruitt, Marjorie R. Turnbull
Subcommittees
Housing & Community Development: Bullard (Chair), Andrews,
Betancourt, Greene, Livingston
Intergovernmental Relations & Planning: Turnbull (Chair),
Constantine, Feren, Meek, K. Pruitt
Veterans' & Military Affairs & Oversight: Minton (Chair), Ball,
Brown, Casey, Maygarden

Corrections (Group IV)
Robert B. "Bob" Sindler (Chair), Victor D. Crist (Vice Chair), Randy
John Ball, James Bush III, Robert K. "Bob" Casey, George A. Crady, Addie
L. Greene, Edward J. "Ed" Healey, Elvin L. Martinez, Durell Peaden, Jr.,
Debra A. "Deb" Prewitt, Luis E. Rojas, Burt L. Saunders, Kelley R. Smith,
John Thrasher, Allen Trovillion

89

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

Subcommittees
Classification & Organization: Rojas (Chair), Crist, Greene,
Martinez, Peaden, B. Saunders, Smith
Construction & Operations: Crady (Chair), Ball, Bush, Casey,
Healey, D. Prewitt, Thrasher, Trovillion
Oversight & Investigations: Peaden (Chair), Crady, Crist, Greene,
Rojas, Smith, Trovillion

Criminal Justice (Group I)
Elvin L. Martinez (Chair), Howard E. Futch (Vice Chair), Stan Bainter,
Randy John Ball, George A. Crady, Victor D. Crist, Larry Crow, Alex
Diaz de la Portilla, Steven B. Feren, Mark G. Flanagan, Edward J. "Ed"
Healey, Sally A. Heyman, Anthony C. "Tony" Hill, Sr., Anne Mackenzie,
Kendrick B. Meek, Jorge Rodriquez-Chomat, Burt L. Saunders, Robert B.
"Bob" Sindler, Tracy Stafford, Robert DeWitt "Rob" Trammell, Tracy W.
Upchurch, Carlos L. Valdes
Subcommittees
Law Enforcement: Meek (Chair), Ball, Crady, Futch, Heyman,
Mackenzie, Rodriguez-Chomat, B. Saunders, Sindler, Valdes

Oversight & Investigations: Tedder (Chair), Betancourt, Brooks,
Carlton, Culp, Dawson, Flanagan, Frankel, Hill, Jacobs, Klein, Lacasa,
Lippman, Rodriguez-Chomat, Wasserman Schultz
Revenue Cap Implementation: Cosgrove (Chair), Arnall, Barreiro,
Bradley, Bush, Clemons, Fasano, Futch, Geller, Kelly, Laurent, Lynn,
Minton, Peaden, Rayson, Starks
Sales Tax: Hill (Chair), Barreiro, Betancourt, Carlton, Dawson,
Fasano, Frankel, Klein, Lacasa, Laurent, Lippman, Peaden, Rayson,
Rodriguez-Chomat

Governmental Operations (Group II)
Alfred J. "Ar' Lawson, Jr. (Chair), Bill Posey (Vice Chair), Randy John
Ball, George A. Crady, Lori Edwards, Josephus Eggelletion, Jr., Mike
Fasano, James B. "Jim" Fuller, Bert J. Harris, Jr., Anthony C. "Tony"
Hill, Sr., Charles W. "Charlie" Sembler II, Helen L. Spivey, Rob Wallace
Subcommittees
Governmental Accountability & Management: Eggelletion
(Chair), Edwards, Harris, Posey, Sembler, R. Wallace
Oversight & Investigations: Spivey (Chair), Eggelletion, Fasano,
Hill, Posey

Uverslgnt & Investlgations= H-eyman (Chair), Blfilnter, Grout
Diazde a PrtilaFere, Ftch Makenie, eek Uphurh 'Public Sector Enmployment: Will (Chair), Ball, Crady, Fuller, Spivey

Prosecution & Punishment: Feren (Chair), Bainter, Crist, Crow,
Diaz de la Portilla, Flanagan, Healey, Hill, Stafford, Trammell, Upchurch

Education (Group I)
Cynthia Moore Chestnut (Chair), Jeff "Stabe" Stabins (Vice Chair),
William F. "Bill" Andrews, J. Keith Arnold, F. Allen Boyd, Jr., Larcenia
J. Bullard, James Bush III, Lisa Carlton, Faye B. Culp, Jim Davis,
Josephus Eggelletion, Jr., Mike Fasano, Deborah James "Debbie" Horan,
Evelyn J. Lynn, John Morroni, John C. Rayson, Joseph G. "Joe" Tedder,
John Thrasher, Jack N. Tobin, Allen Trovillion, Marjorie R. Turnbull
Subcommittees
Accountability & Governance: Tedder (Chair), Arnold, Bush,
Carlton, Eggelletion, Lynn, Morroni, Stabins, Tobin
Oversight & Investigations: Davis (Chair), Boyd, Carlton, Horan,
Rayson, Stabins, Tedder, Thrasher, Tobin, Trovillion
Programs & Services: Rayson (Chair), Andrews, Boyd, Bullard,
Culp, Davis, Fasano, Horan, Thrasher, Trovillion, Turnbull

Ethics & Elections (Group III)
Tracy W. Upchurch (Chair), Alex Diaz de la Portilla (Vice Chair),
George Albright, Bruno A. Barreiro, Howard E. Futch, Anthony C. "Tony"
Hill, Sr., Ron Klein, Anne Mackenzie, Luis C. Morse, Vernon Peeples, Alzo
J. Reddick, Beryl D. Roberts-Burke, Jack N. Tobin
Subcommittees
Elections: Mackenzie (Chair), Albright, Barreiro, Futch, Hill, Reddick,
Tobin
Ethics: Klein (Chair), Diaz de la Portilla, Morse, Peeples,
Roberts-Burke

Finance & Taxation (Group V)
Willie F. Logan (Chair), Robert J. "Bob" Starks (Vice Chair), Joseph
"Joe" Arnall, Bruno A. Barreiro, Annie Betancourt, Rudolph "Rudy"
Bradley, Bob Brooks, James Bush III, Lisa Carlton, Scott W. Clemons,
John F. Cosgrove, Faye B. Culp, Muriel "Mandy" Dawson, Mike Fasano,
Mark G. Flanagan, Lois J. Frankel, Howard E. Futch, Steven A. Geller,
Anthony C. "Tony" Hill, Sr., Suzanne Jacobs, Everett A. Kelly, Ron Klein,
Carlos A. Lacasa, John Laurent, Frederick "Fred" Lippman, Evelyn J.
Lynn, O. R. "Rick" Minton, Jr., Durell Peaden, Jr., John C. Rayson, Jorge
Rodriquez-Chomat, Joseph G. "Joe" Tedder, Debbie Wasserman Schultz
Subcommittees
General Government: Bradley (Chair), Arnall, Brooks, Bush,
Clemons, Cosgrove, Culp, Flanagan, Futch, Geller, Jacobs, Kelly, Lynn,
Minton, Starks, Tedder, Wasserman Schultz

Health Care (Group II)
Ben Graber (Chair), George Albright (Vice Chair), Jack Ascherl, Bruno
A. Barreiro, Elaine Bloom, Mary Brennan, Bob Brooks, Robert K. "Bob"
Casey, Cynthia Moore Chestnut, Marvin Couch, Muriel "Mandy" Dawson,
Rodolfo "Rudy" Garcia, Jr., Harry C. Goode, Jr., Buddy Johnson, Everett
A. Kelly, James E. "Jim" King, Jr., Ron Klein, Willie F. Logan, Jerry Louis
Maygarden, Lesley "Les" Miller, Jr., Durell Peaden, Jr., Debra A. "Deb"
Prewitt, Burt L. Saunders, Tracy W. Upchurch, J. Alex Villalobos
Subcommittees
Health Standards: Dawson (Chair), Brennan, Couch, Garcia, Peaden,
Upchurch, Villalobos
Health System & Delivery: Kelly (Chair), Albright, Ascherl,
Barreiro, Bloom, Goode, Johnson, King, Logan
Oversight & Investigations: D. Prewitt (Chair), Brooks, Casey,
Chestnut, Klein, Maygarden, Miller, B. Saunders

Higher Education (Group II)
Debbie Wasserman Schultz (Chair), Greg Gay (Vice Chair), Annie
Betancourt, Rudolph "Rudy" Bradley, Jerrold "Jerry" Burroughs, Willye
F. Clayton Dennis, Mark G. Flanagan, Addie L. Greene, Sally A. Heyman,
Suzanne Jacobs, Ralph L. Livingston, Evelyn J. Lynn, Anne Mackenzie,
Jorge Rodriquez-Chomat, Allen Trovillion, Marjorie R. Turnbull
Subcommittees
Accountability & Governance: Dennis (Chair), Betancourt,
Flanagan, Gay, Mackenzie
Finance & Programs: Bradley (Chair), Greene, Heyman, Livingston,
Rodriguez-Chomat, Trovillion, Turnbull
Oversight & Investigations: Jacobs (Chair), Bradley, Burroughs,
Dennis, Gay, Lynn

Insurance (Group III)
John F. Cosgrove (Chair), Buddy Johnson (Vice Chair), Joseph "Joe"
Arnall, J. Keith Arnold, Jack Ascherl, Stan Bainter, F. Allen Boyd, Jr.,
Rudolph "Rudy" Bradley, Marvin Couch, Muriel "Mandy" Dawson, Willye
F. Clayton Dennis, Greg Gay, Steven A. Geller, Ben Graber, Dennis L.
Jones, Alfred J. "Al" Lawson, Jr., Mark R. Ogles, Debra A. "Deb" Prewitt,
John C. Rayson, Jeff "Stabe" Stabins, John Thrasher, Debbie Wasserman
Schultz, Earl Ziebarth
Subcommittees
Health & Life Insurance: Wasserman Schultz (Chair), Arnall,
Ascherl, Couch, Dennis, Gay, Graber, Jones, Lawson
Oversight & Investigations: D. Prewitt (Chair), Arnall, Ascherl,
Bainter, Gay, Geller, Johnson, Lawson, Rayson, Wasserman Schultz

90

March 7, 1995

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Property & Casualty Insurance: Geller (Chair), Arnold, Bainter,
Boyd, Bradley, Dawson, Johnson, Ogles, D. Prewitt, Rayson, Stabins,
Thrasher, Ziebarth

Judiciary (Group II)
Robert DeWitt "Rob" Trammell (Chair), John Thrasher (Vice Chair),
J. Keith Arnold, David I. "Dave" Bitner, John F. Cosgrove, Larry Crow,
Steven B. Feren, Lois J. Frankel, Steven A. Geller, Kendrick B. Meek,
Jerry G. Melvin, Beryl D. Roberts-Burke, Debby P. Sanderson, Jeff
"Stabe" Stabins, Tracy Stafford, Bill Sublette, Tom Warner
Subcommittees
Court System, Probate & Consumer Law: Feren (Chair), Arnold,
Cosgrove, Crow, Geller, Melvin, Sublette, Thrasher
Oversight & Investigations: Cosgrove (Chair), Feren,
Roberts-Burke, Stafford, Sublette, Thrasher, Warner
Real Property & Family Law: Warner (Chair), Bitner, Frankel,
Meek, Roberts-Burke, Sanderson, Stabins, Stafford

Juvenile Justice (Group III)
Tracy Stafford (Chair), John Morroni (Vice Chair), James Bush III,
Cynthia Moore Chestnut, Scott W. Clemons, Victor D. Crist, Faye B. Culp,
Lori Edwards, Lois J. Frankel, Sally A. Heyman, Suzanne Jacobs, Carlos
A. Lacasa, Elvin L. Martinez, Jerry G. Melvin, Debby P. Sanderson,
J. Alex Villalobos
Subcommittees
After Care & Oversight: Edwards (Chair), Clemons, Lacasa, Melvin,
Morroni
Construction & Operations: Bush (Chair), Crist, Culp, Heyman,
Martinez
Prevention Programs: Villalobos (Chair), Chestnut, Frankel, Jacobs,
Sanderson

Natural Resources (Group III)
Everett A. Kelly (Chair), Charles W. "Charlie" Sembler II (Vice Chair),
Mary Brennan, Jerrold "Jerry" Burroughs, Larry Crow, Jim Davis,
Josephus Eggelletion, Jr., Lars A. Hafner, Bert J. Harris, Jr., Deborah
James "Debbie" Horan, James E. "Jim" King, Jr., John Laurent, Frederick
"Fred" Lippman, Durell Peaden, Jr., R. Z. "Sandy" Safley, Burt L.
Saunders, Dean P. Saunders, Helen L. Spivey, Robert DeWitt "Rob"
Trammell, Rob Wallace, Tom Warner
Subcommittees
Environmental Protection: Hafner (Chair), Burroughs, Crow, Davis,
Eggelletion, Harris, King, Peaden, B. Saunders, Spivey, R. Wallace
Oversight & Investigations: Peaden (Chair), Brennan, Davis, Hafner,
Harris, Horan, King, Laurent, Lippman, Safley, B. Saunders,
D. Saunders, Sembler, R. Wallace
Resource Management: D. Saunders (Chair), Brennan, Horan,
Laurent, Lippman, Safley, Sembler, Trammell, Warner

Regulated Industries (Group IV)
Steven A. Geller (Chair), Stan Bainter (Vice Chair), William F. "Bill"
Andrews, Jerrold "Jerry" Burroughs, Larry Crow, Willye F. Clayton
Dennis, Mike Fasano, Steven B. Feren, Rodolfo "Rudy" Garcia, Jr., Harry
C. Goode, Jr., Ben Graber, Sally A. Heyman, Anthony C. "Tony" Hill, Sr.,
Dennis L. Jones, James E. "Jim" King, Jr., Joseph R. "Randy" Mackey,
Jr., Kendrick B. Meek, 0. R. "Rick" Minton, Jr., John Morroni, Robert
DeWitt "Rob" Trammell, Tracy W. Upchurch
Subcommittees
Alcoholic Beverages & Tobacco: King (Chair), Burroughs, Fasano,
Goode, Hill, Minton, Upchurch
Lottery & Gaming: Graber (Chair), Andrews, Crow, Feren, Garcia,
Heyman

Rules & Calendar (Group VI)
Anne Mackenzie (Co-Chair), F. Allen Boyd, Jr. (Co-Chair), Joseph "Joe"
Arnall, Stan Bainter, Elaine Bloom, Mary Brennan, Cynthia Moore
Chestnut, John F. Cosgrove, Jim Davis, Alex Diaz de la Portilla, James
B. "Jim" Fuller, Rodolfo "Rudy" Garcia, Jr., Greg Gay, Harry C. Goode,
Jr., Ben Graber, Bert J. Harris, Jr., Buddy Johnson, Everett A. Kelly, Ron
Klein, Frederick "Fred" Lippman, Carl Littlefield, Willie F. Logan, Jerry
G. Melvin, Sharon J. Merchant, Lesley "Les" Miller, Jr., John Morroni,
Buzz Ritchie, Kelley R. Smith, Jeff "Stabe" Stabins, Robert J. "Bob"
Starks, John Thrasher, Jack N. Tobin, Tracy W. Upchurch

Tourism & Cultural Affairs (Group IV)
Elaine Bloom (Chair), Bruno A. Barreiro (Vice Chair), Irlo "Bud"
Bronson, Bob Brooks, Shirley Brown, Larcenia J. Bullard, Faye B. Culp,
Greg Gay, Deborah James "Debbie" Horan, Everett A. Kelly, Ralph L.
Livingston, Anne Mackenzie, Jerry G. Melvin, Bill Posey, Beryl D.
Roberts-Burke, Helen L. Spivey
Subcommittees
Arts & Cultural & Historic Resources: Brown (Chair), Barreiro,
Brooks, Bullard, Culp, Gay, Kelly, Spivey
Entertainment & Hospitality Industries: Horan (Chair), Bronson,
Livingston, Mackenzie, Melvin, Posey, Roberts-Burke
Oversight & Investigations: Bullard (Chair), Barreiro, Brown, Gay,
Horan, Kelly, Melvin

Transportation (Group III)
Kelley R. Smith (Chair), James B. "Jim" Fuller (Vice Chair), Elaine
Bloom, Irlo "Bud" Bronson, Lisa Carlton, John F. Cosgrove, George A.
Crady, Mark G. Flanagan, Edward J. "Ed" Healey, Joseph R. "Randy"
Mackey, Jr., Sharon J. Merchant, Lesley "Les" Miller, Jr., Bill Posey, Luis
E. Rojas, Robert B. "Bob" Sindler, Bill Sublette, Joseph G. "Joe" Tedder,
Allen Trovillion
Subcommittees
Intermodal Transportation Systems: Bloom (Chair), Cosgrove,
Crady, Flanagan, Fuller, Healey, Miller, Rojas, Sublette
Oversight & Investigations: Miller (Chair), Crady, Flanagan, Posey,
Sindler
Road Construction & Highway Safety: Bronson (Chair), Carlton,
Mackey, Merchant, Posey, Sindler, Tedder, Trovillion

Utilities & Telecommunications (Group IV)
Scott W. Clemons (Chair), Sharon J. Merchant (Vice Chair), Joseph
"Joe" Arnall, F. Allen Boyd, Jr., John F. Cosgrove, Marvin Couch, Jim
Davis, Muriel "Mandy" Dawson, Josephus Eggelletion, Jr., Lars A. Hafner,
Ron Klein, Carl Littlefield, Willie F. Logan, Jerry Louis Maygarden,
Lesley "Les" Miller, Jr., R. Z. "Sandy" Safley, Dean P. Saunders, Jeff
"Stabe" Stabins, Robert J. "Bob" Starks, Joseph G. "Joe" Tedder, Jack N.
Tobin, Carlos L. Valdes, Tom Warner
Subcommittees
Oversight & Investigations: Arnall (Chair), Klein, Miller, Stabins,
Starks, Tedder, Tobin
Public & Investor-Owned Utilities: Miller (Chair), Arnall, Couch,
Hafner, Klein, Littlefield, Maygarden, D. Saunders, Stabins, Tedder
Telecommunications Industry: Tobin (Chair), Boyd, Cosgrove,
Davis, Dawson, Eggelletion, Logan, Merchant, Safley, Starks, Valdes,
Warner

OTHER COMMITTEES/GROUPS

ADVISORY COUNCIL ON INTERGOVERNMENTAL
RELATIONS (Group VII)

Pari-Mutuels: Trammell (Chair), Bainter, Dennis, Jones, Mackey, Addie L. Greene (Alternating Chair), Robert K. "Bob" Casey, D. Lee
Meek, Morroni Constantine, Marjorie R. Turnbull

91

March 7, 1995

	Title Page
	Members of the House of Repres...
	March 1995
	May 1995
	Index

MILLISECOND	CLASS.METHOD	MESSAGE
0	sobekcm_page_globals.constructor
0	sobekcm_page_globals.constructor	Application State validated or built
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.constructor	Navigation Object created from URI query string
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.display_item	Retrieving item or group information
0	sobekcm_page_globals.get_entire_collection_hierarchy	Retrieving hierarchy information
0	sobekcm_assistant.get_entire_collection_hierarchy
0	cached_data_manager.retrieve_item_aggregation
0	cached_data_manager.retrieve_item_aggregation	Found item aggregation on local cache
0	item_aggregation_builder.get_item_aggregation	Found 'all' item aggregation in cache
0	system.web.ui.page.page_load (ufdc.page_load)
0	sobekcm_page_globals.constructor.on_page_load
0	html_echo_mainwriter.add_style_references	Adding style references to HTML
0	html_echo_mainwriter.add_text_to_page	Reading the text from the file and echoing back to the output stream
59	html_echo_mainwriter.add_text_to_page	Finished reading and writing the file