Journal of the Florida House of Representatives

Journal
of the

Florida

House of Representatives

Ninety-eighth
Regular Session
since Statehood in 1845

March 5 through May 4, 1996

[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
19. Parts of Clay, Duval, St. Johns
John Thrasher, Orange Park

District
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 ofBrevard
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
(Resigned March 1, 1996)
Tom Feeney, Oviedo
(Elected April 27, 1996)

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
38. Parts of Lake, Orange
Robert B. "Bob" Sindler, Apopka
39. Part of Orange
Alzo J. Reddick, Orlando

District

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
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 ofPolk
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
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

District

District

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-White, 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
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 Rudy Wallace
Speaker pro tempore-Jack Ascherl

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

District

MEMBERS OF THE HOUSE OF REPRESENTATIVES

George Albright (R)
Ocala
District 24

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

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

J. Keith Arnold (D)
Fort Myers
District 73

Jack Ascherl (D)
New Smyrna Beach
District 28

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Stan Bainter (R)
Eustis
District 25

Randy John Ball (R)
Mims
District 29

Bruno A. Barreiro (R)
Miami Beach
District 107

Annie Betancourt (D)
Miami
District 116

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

Elaine Bloom (D)
Miami Beach
District 106

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

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

Mary Brennan (D)
Pinellas Park
District 51

Irlo "Bud" Bronson (D)
Kissimmee
District 79

>2>

Bob Brooks (R)
Winter Park
District 35

Shirley Brown (D)
Sarasota
District 69

Larcenia J. Bullard (D)
Miami
District 118

Jerrold "Jerry" Burroughs (R)
Cantonment
District 1

James Bush III (D)
Miami
District 109

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

Scott W. Clemons (D)
Panama City
District 6

D. Lee Constantine (R)
Altamonte Springs
District 37

Lisa Carlton (R)
Sarasota County
District 70

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John F. Cosgrove (D)
Miami
District 119

George A. Crady (D)
Yulee
District 12

Victor D. Crist (R)
Temple Terrace
District 60

Larry Crow (R)
Palm Harbor
District 49

Muriel'"Mandy" Dawson-White (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

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

Steven A. Geller (D)
Hallandale
District 101

Mike Fasano (R)
New Port Richey
District 45

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

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

Tom Feeney (R)
Oviedo
District 33

Howard E. Futch (R)
Melbourne Beach
District 30

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

Steven B. Feren (D)
Sunrise
District 98

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

Addie L. Greene (D)
Mangonia Park
District 84

Mark G. Flanagan (R)
Bradenton
District 68

Greg Gay (R)
Cape Coral
District 74

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

Faye B. Gulp (RY
Tampa
District 57

Jim Davis (D)
Tampa
District 56

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

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Ron Klein (D)
Boca Raton
District 89

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

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

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

John Morroni (R)
Clearwater
District 50

Luis C. Morse (R)
Miami
District 113

Mark R. Ogles (R)
Bradenton
District 67

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

Durell Peaden, Jr. (D)
Crestview
District 5

John C. Rayson (D)
Pompano Beach
District 90

Vernon Peeples (D)
Punta Gorda
District 72

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Alzo J. Reddick (D)
Orlando
District 39

Bill Posey (R)
Rockledge
District 32

Buzz Ritchie (D)
Pensacola
District 3

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

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

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Jorge Rodriguez-Chomat (R)
Miami
District 114

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Dean P. Saunders (D)
Lakeland
District 63

Luis E. Rojas (R)
Hialeah
District 102

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

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

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

Debby P. Sanderson (R)
Fort Lauderdale
District 91

Kelley R. Smith (D)
Palatka
District 21

Burt L. Saunders (R)
Naples
District 76

Helen L. Spivey (D)
Crystal River
District 43

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

John Thrasher (R)
Orange Park
District 19

Tracy Stafford (D)
Wilton Manors
District 92

Jack N. Tobin (D)
Margate
District 95

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

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

Bill Sublette (R)
Orlando
District 40

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Allen Trovillion (R)
Winter Park
District 36

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

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Marjorie R. Turnbull (D)
Tallahassee
District 9

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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

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Tom Warner (R)
Stuart
District 82

Debbie Wasserman Schultz (D)
Davie
District 97

Daniel Webster (R)
Orlando
District 41

Stephen R. Wise (R)
Jacksonville
District 13

Rob Wallace (R)
Tampa
District 47

Earl Ziebarth (R)
DeLand
District 26

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Number 1

SThe Journal OFl

House of Representatives

Tuesday, March 5, 1996

Journal of the House of Representatives for the 98th 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 5, 1996, 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 98th Regular Session and
were called to order by the Speaker, the Honorable Peter R. Wallace.

Prayer

The following prayer was offered by the Reverend James Hobby of the
Episcopal Church of the Advent of Tallahassee, upon invitation of
Speaker Wallace:

Blessed is he whose help is the God of Jacob, whose hope is in the Lord
his God, the maker of heaven and earth, the sea and everything in them,
the Lord who remains faithful forever. He upholds the cause of the
oppressed and gives food to the hungry. The Lord sets prisoners free. The
Lord gives sight to the blind. The Lord lifts up those who are bowed
down. The Lord loves the righteous. The Lord watches over the alien and
sustains the fatherless and the widow, but he frustrates the ways of the
wicked. The Lord reigns forever, your God, O Zion, for all generations.

O God, the fountain of wisdom, whose will is good and gracious and
whose law is truth, we beseech you so to guide and bless our Senators
and Representatives in the Legislature of this state that they may enact
such laws as shall please you-laws based on principles before
pragmatism, laws that reflect your compassion and justice, laws that are
made to the glory of your name and the welfare of this people; through
Christ our Lord. Amen.

The following Members were recorded present:

Brooks
Brown
Bullard
Burroughs
Bush
Carlton
Casey
Chestnut
Clemons
Constantine
Cosgrove
Crady
Crist
Crow
Culp
Davis

Dawson-White
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.

Moment of Silence

The House observed a moment of silence in memory of Joel Steinberg,
Jewish War Veterans; George Carter, Disabled American Veterans;
Richard C. Filgo, Veterans of Foreign Wars.

Pledge

The Members pledged allegiance to the Flag, led by Bruce A. Hall,
State Department Commander, American Ex-Prisoners of War; Harry
Warburton, State Department Commander, Disabled American
Veterans; Ernie Hartman, Disabled American Veterans; Lt. Col. Archie
B. Johnston (United States Army, Ret.), Vice President, The Retired
Officers Association; Paul Wolbert, Director, Governmental Relations,
Paralyzed Veterans of America; Ed Kaminski, Post Commander,
Veterans of Foreign Wars; Chief Master Sergeant John E. Schmidt, Jr.
(United States Air Force, Ret.), President, Tallahassee Chapter, Air
Force Association; Mr. David DeLong, State Commander, American
Legion; and Mr. William R. McRoberts, State Department Commander,
AMVETS.

House Physician

The Speaker introduced Dr. Steve Jordan of Tallahassee, who served
in the Clinic today upon invitation of Speaker Wallace.

Presentation of Former Speakers
The Speaker presented the following former Speakers who were
present today at his invitation: the Honorable Doyle E. Conner, the

1

The Chair
Albright
Andrews
Arnall
Arnold
Ascherl
Bainter
Ball
Barreiro
Betancourt
Bitner
Bloom
Boyd
Bradley
Brennan
Bronson

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Honorable Mallory E. Home, the Honorable Ralph D. Turlington, the
Honorable T. Terrell Sessums, the Honorable Donald L. Tucker, the
Honorable Ralph H. Haben, Jr., the Honorable H. Lee Moffitt, the
Honorable James Harold Thompson, the Honorable Tom Gustafson, and
the Honorable Bolley L. "Bo" Johnson.

Correction of the Journal

The Journal of May 11, 1995, Regular Session, was corrected and
approved as corrected.

Resignation

The Speaker advised that he had received the resignation of Rep.
Marvin Couch of the 33rd District, effective March 1, 1996.
Pursuant to Article III, Section 15, of the Florida Constitution, a
special election was called by executive order. The first special primary
election will be held on March 30, 1996; the second special primary
election will be held on April 13, 1996, if needed; and the special general
election will be held on April 27, 1996.

Changes in Committee Assignments
The Speaker advised that he had made the following changes in
committee assignments:
Rep. Jacobs was appointed to the Committee on Health Care and the
Subcommittee on Oversight & Investigations, and was removed from the
Committee on Higher Education.
Rep. Turnbull was appointed Chair of the Subcommittee on Oversight
& Investigations of the Committee on Higher Education.
Rep. Reddick was appointed to the Committee on Commerce and the
Subcommittee on International Trade & Economic Development and
was removed from the Committee on Aging & Human Services.
Rep. Constantine was appointed to the Committee on Utilities &
Telecommunications and the Subcommittee on Telecommunications
Industry.
Rep. Jones was appointed to the Committee on Commerce and the
Subcommittee on Oversight & Investigations.
Rep. Rayson was appointed to the Committee on Natural Resources
and the Subcommittee on Environmental Protection.

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. 87,319
In Re: CERTIFICATION OF THE NEED
FOR ADDITIONAL JUDGES

[February 8, 1996]

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 additional judges, or the necessity for decreasing the
number of judges required to consider cases filed before the respective
courts. Because of our appreciation of the fiscal ramifications, we have
adopted a policy of only certifying the need for a new judge when we are
confident that such a need exists. To this end, we have analyzed the
cases filed and evaluated the growth in the workload of the State Courts
System over the past several years.

As a result of this careful review, we certify the need for five additional
circuit judges, four additional county judges, and no additional appellate

judges. This year's certification is substantially lower than those we
have made in recent years. A comparison of the requests for new judges
filed by the respective trial courts and the new judges certified as needed
for fiscal year 1996-97 follows:
CIRCUIT COURT COUNTY COURT
Circuit Request Certified County Request Certified
Fourth Duval 1 1
Seventh Putnam 1

Eighth
Ninth
Tenth
Eleventh
Twelfth
Thirteenth
Fifteenth

1
1
1
4
1
1

Seventeenth 1
Eighteenth 1
Twentieth 1
Totals 12

1

Orange 1

1

1
1

Dade

3

Palm Beach 2
Broward 1

1
5

2

1

Totals 9 4

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 requests for
additional judges from any of these courts, despite the fact that Florida's
intermediate appellate courts all are forecast to exceed the established
threshold of 250 appellate filings per judge in 1996. The forecasts for
1996 suggest the workload of the district courts will range from a low of
296 filings per judge in the Third District Court of Appeal to a high of
402 filings per judge in the Fourth District Court of Appeal.
The district courts have each addressed workload pressures through
various means. They have improved internal operating procedures,
established central legal research staff, and assigned senior judges to
hear appeals on a temporary basis. The First District Court of Appeal
has developed an appellate pre-briefing conference program combining
both mediation and case management, as well as a specialized division
to handle workers compensation cases. We continue to encourage these
courts to develop alternative and creative means to efficiently and fairly
hear the cases brought before them. Based upon the lack of requests, we
do not certify any additional judicial positions for the district courts of
appeal, but request that the Legislature favorably review requests for
alternative resources to address workload increases during the annual
appropriations process.
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 amended December 21, 1995. Consistent with
previous practice, 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 case filings per judge, the other factors described in rule
2.035, Florida Rules of Judicial Administration, were considered. These
other criteria included county judge service on the circuit bench, the
availability and use of senior judges, the availability and use of
supplemental hearing officers, the use of alternative dispute resolution,
the number of jury trials, the number of foreign language
interpretations, the geographic size of a circuit, special law enforcement
activities, the availability and use of case-related support staff and case
management policies and practices, the nature and complexity of cases,
and caseload trends. This information was extremely useful in
evaluating the requests of the various circuit courts.
We find it necessary to certify five new circuit judges for fiscal year
1996-97. These five additional circuit judges include one additional
circuit judge each for the Eighth, Tenth, Twelfth, Thirteenth, and
Twentieth Judicial Circuits.
While the circuit courts experienced a slight decrease in filings from
1991 through 1993, the years 1994 and 1995 yielded upward trends in

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

almost every category of case. Juvenile, criminal, and domestic relations
case filings continued to increase in 1994 and 1995 faster than other
categories, with continued growth forecast well into 1996. The most
significant growth continues to be in domestic and repeat violence case
filings. This category of cases has increased 452% since 1986.

In addition to the growth in the number of filings in the juvenile,
probate, and domestic violence categories, the cases in these categories,
as well as others, are more labor intensive than in previous years.
Changes in the statute, case law and court procedures in recent years
have 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. The collective effect of
these changes is that cases are more involved and labor intensive than
when the 1,865 filings per judge threshold was adopted in 1986. Often
these changes cannot be measured in terms of a need for judicial
positions in a particular jurisdiction, but instead serve to gradually
increase workload across the board. 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 are deemed to be working above capacity. 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.

Four of the five courts for which we are certifying a need for an
additional judge are forecast to be at or in excess of the 1865 filing per
judge threshold. We also certify the need for an additional judge for the
Thirteenth Judicial Circuit, which is expected to have a 1996 workload
below the threshold. This circuit had the highest jury trial rates in the
state in 1994, and this trend is expected to continue in 1995. It also has
a relatively large and increasing number of foreign language
translations, which slow court proceedings.

The Court also gave the request of the Eleventh Judicial Circuit a
close review because of the number of judges requested and the unusual
pressures in the criminal divisions of that circuit which we addressed
last year. In 1995, the court recommended and the legislature
authorized, additional resources for the Eleventh Judicial Circuit
including: two additional circuit judgeships; one county judgeship; and
a strike force involving significant additional senior judge days and
several support staff to improve case management. It is our
understanding that the Eleventh Judicial Circuit has not been able to
fully engage the resources of the strike force. The principal obstacle is
the lack of available courtrooms. Judicial leadership and court staff are
working hard to address space limitations so they can take full
advantage of such resources. Accordingly, we are deferring
consideration of the need for additional circuit judges until the effects of
the senior judge support in the criminal divisions can be evaluated. We
have asked the legislature to continue the availability of these resources
for fiscal year 1996-97.
As in circuit court, the 1994 caseloads in the county courts increased,
reversing a four-year downward trend. This is largely attributable to
growth in criminal and civil filings. Criminal traffic filings were also up
slightly.

In evaluating the need for additional county 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. 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 and requested additional county judges. We
find it necessary to certify four new county judges for fiscal year 1996-97.
These four additional county judges include one additional county judge
each for Duval and Broward Counties, and two additional county judges
for Dade County.

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 and the continued 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, office 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 fund the Judicial
Branch budget requests for such resources. We also emphasize the
importance of continued funding for the use of retired judges. These
judges play an important role and their services are available at much
less expense than full-time judges.

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 October 1, 1996.
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 messages were received:

The Honorable Peter Rudy Wallace
Speaker, House of Representatives

February 27, 1996

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 1995 vetoed bills, Regular Session. The Governor's objections
are attached thereto.

HB 215 An act relating to physicians assistants
CS/HB 237 An act relating to drug-free workplace
requirements
HB 601 An act relating to the South Indian River
Water Control District, Palm Beach
County
CS/HB 1319 An act relating to capital felonies
HB 1499 An act relating to pollution control
HB 1575 An act relating to preschool education
HB 1583 An act relating to education
HB 1595 An act relating to the Oklawaha Basin
Recreation and Water Conservation and
Control Authority, Lake County
CS/HB 2025 An act relating to dentistry
HB 2077 An act relating to the St. Lucie County-Fort
Pierce Fire District
HB 2589 An act relating to the confidentiality of
records obtained from a utility
HB 2689 An act relating to trust funds
HB 2721 An act relating to the regulation
of professions and occupations
Sincerely,
SANDRA B. MORTHAM
Secretary of State

The Honorable Sandra B. Mortham
Secretary of State

June 16, 1995

Dear Secretary Mortham:

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 and transmit to you with
my objections, House Bill 215, enacted during the 77th Session of the

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:

An act relating to physicians 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.

Very similar versions of bills amending provisions of Florida law
respecting physician assistants were passed by the Florida Legislature.
Although the intent of Committee Substitute for Senate Bill 1658 and
House Bill 215 are nearly identical, the drafting of Committee
Substitute for Senate Bill 1658, is preferred. That bill was presented to
the Governor earlier, and will become law on July 1, 1995.

For these reasons, I am withholding my approval of House Bill 215
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

Pursuant to Rule 7.12, vetoed bill HB 215 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

June 15, 1995

The Honorable Sandra B. Mortham
Secretary of State

Dear Secretary Mortham:

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 and transmit to you with
my objections, Committee Substitute for House Bill 237, enacted during
the 77th Session of the Legislature since Statehood in 1845, during the
Regular Session of 1995, and 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.

This bill provides for the adoption of rules to provide for certain types
of drug testing, including the testing of hair samples. I am opposed to
the promulgation of additional rules that complicate the processes of
government and add to bureaucratic red tape. Additionally, I have
concerns about the testing of hair for the presence of illegal drugs.
Different hair colors can lead to differing results, causing concern among
certain ethnic groups that their populations would be affected by these
tests in ways different from those ethnic populations with other
predominant hair colors.

For these reasons, I am withholding my approval of Committee
Substitute for House Bill 237 and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

Pursuant to Rule 7.12, vetoed bill CS/HB 237 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

June 16, 1995

The Honorable Sandra B. Mortham
Secretary of State

Dear Secretary Mortham:

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 and transmit to you with
my objections, House Bill 601, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and 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 and to
make it available to the public for recreational purposes; providing
that land thus received shall lie within the district and East of
Canal 18 of the South Florida Water Management District;
providing an effective date.

House Bill 601 provides expanded authority for the South Indian
River Water Control District to accept lands and personal property to
use or lease for recreational purposes. A Water Control District created
under Chapter 298, Florida Statutes, is established for the primary
purpose of effecting drainage and reclamation of marginal lands for
agriculture or development. This bill would expand that authority and
would allow the district to operate recreational facilities.
Chapter 190, Florida Statutes, provides an exclusive and uniform
method for the creation of community development districts. Water
control districts should not be utilized to circumvent that established
procedure.

For these reasons, I am withholding my approval of House Bill 601
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

Pursuant to Rule 7.12, vetoed bill HB 601 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

June 14, 1995

The Honorable Sandra B. Mortham
Secretary of State

Dear Secretary Mortham:

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 and transmit to you with
my objections, Committee Substitute for House Bill 1319, enacted
during the 77th Session of the Legislature since Statehood in 1845,
during the Regular Session of 1995, and entitled:
An act relating to capital felonies;

Florida's current sentencing scheme in death penalty cases has been
affirmed by the United States Supreme Court on numerous occasions.
For that reason, any significant change in the well-established Florida
law should be approved only with great caution. Committee Substitute
for House Bill 1319 would initiate fundamental changes which most
surely would cause years of litigation to obtain the level of precedent
afforded to the present law.
I strongly disagree with proponents of this bill that death penalty
cases could be processed more quickly as a result of these proposed
changes. It is my opinion that if this bill were to become law, the already
untenable time that death cases languish in court would increase.
Simply put, Florida's entire death penalty process would be subject to
constitutional attack due to these fundamental changes and years of
uncertainty would be the result.

This bill would change procedures respecting the jury's
recommendation in death penalty cases. The present law represents a

4

March 5, 1996

JOURNAL OF THE HOUSE

unique and delicate balance of a jury's expression of community values
and a judge's expertise regarding application of the law. In Florida, a
capital case is divided into a trial phase and a penalty phase. To convict,
the jury verdict must be unanimous. If there is a conviction, a penalty
phase follows. A recommendation of death can only be made if seven or
more jurors agree. If the judge determines that the jury correctly applied
the law to the facts, the judge will impose the recommended sentence.
If the judge finds that the jury improperly applied the law to the facts,
the judge will impose the appropriate sentence which could be death or
imprisonment.
The Florida Supreme Court has opined that the trial judge must give
"great weight" to the jury's recommendation and may not overide the
advisory verdict of life unless "the facts suggesting a sentence of death
are so clear and convincing that virtually no reasonable person could
differ." (Tedder v. State, 322 So.2d, at 910).
If this bill were to become law, the jury's recommendation would be
relegated to a non-binding recommendation "to apprise the trial judge
and appellate court of the jury's reaction to the evidence of aggravation
and mitigation as a matter of information." In other words, the jury's
verdict would become largely symbolic and would carry virtually no
weight at all.
Just as we entrust juries to determine innocence or guilt, we also
should entrust juries to determine the appropriate sentence. I would
support a law which held that a jury recommendation of imprisonment
would not be subject to override by the judge.
Some provisions here are improvements I have either supported or
would support. For example, this bill provides additional aggravating
circumstances relating to the age and vulnerability of the victim.
Additionally, the bill provides that the public records law may not be
used by an inmate as a basis for failing to timely litigate any post
conviction action.
The sponsors of this bill have made a good faith effort to address the
most difficult and complex problem of deciding which convicted criminal
should be put to death. However, the problems I have noted outweigh
any improvements they, or I, might find in the bill.
For these reasons, I am withholding my approval of Committee
Substitute for House Bill 1319 and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor
Pursuant to Rule 7.12, vetoed bill CS/HB 1319 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee onl Rules & Calendar.

June 16, 1995

The Honorable Sandra B. Mortham
Secretary of State

Dear Secretary Mortham:
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 and transmit to you with
my objections, House Bill 1499, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:
An act relating to pollution control;
House Bill 1499 contains exemptions to state permitting requirements
for those businesses and residences partially or totally destroyed by the
winter storm of March 1993. The provisions of this bill could potentially
suspend permitting requirements in up to 36 Florida counties.
Suspension of laws designed to protect the environment puts the quality
of Florida's water resources at risk.
For these reasons, I am withholding my approval of House Bill 1499
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

OF REPRESENTATIVES 5

Pursuant to Rule 7.12, vetoed bill HB 1499 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

The Honorable Sandra B. Mortham
Secretary of State

June 14, 1995

Dear Secretary Mortham:

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 and transmit to you with
my objections, House Bill 1575, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:
An act relating to preschool education; requiring the State Board of
Education to adopt rules establishing the ratio of adults to children
in preschool classes for children who have disabilities; requiring
certain training, subject to the approval by the Department of
Education and the Department of Health and Rehabilitative
Services, for paraprofessional employees who teacl preschool
children who have disabilities; providing an effective date.
My concern respecting House Bill 1575 is that it is counterproductive
to my efforts to reduce burdensome rulemaking in Florida. The State
Board of Education currently has the power to establish the rules
specified in this legislation. The Governor and Cabinet, sitting as the
State Board of Education, should be allowed to exercise its constitutional
discretion in this matter. This state does not need another legislative
mandate to promulgate rules which increase bureaucratic red tape and
complicate the administration of our educational system.

For these reasons, I am withholding my approval of House Bill 1575
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

Pursuant to Rule 7.12, vetoed bill HB 1575 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

The Honorable Sandra B. Mortham
Secretary of State

June 14, 1995

Dear Secretary Mortham:
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 and transmit to you with
my objections, House Bill 1583, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:

An act relating to education; amending ss. 228.041, 230.23, and
231.141, F.S.; changing the term "teacher aide" to "education
paraprofessional"; creating s. 231.143, F.S.; authorizing school
districts to adopt a program for the career development of education
paraprofessionals; specifying career development levels; providing
restrictions; providing for rules; amending ss. 231.15, 231.3605,
236.685, 240.604, and 121.091, F.S.; revising terminology to
conform; providing an effective date.

House Bill 1583 authorizes each school district to adopt a five-level
program for the career development of education paraprofessionals. The
stated purpose of the program is to provide a system of career
development for paraprofessionals based upon education and training
advancement, and to furnish economic incentives so as to encourage
persons to seek excellence in their duties as paraprofessionals.
However, in establishing a state-wide uniform system for
advancement, this bill may present obstacles for uniquely talented
individuals who do not fit within the structures of the program.
Additionally, this bill mandates the State Board of Education to adopt
rules to implement the program. Mandatory rulemaking is contrary to

March 5, 1996

6 JOURNAL OF THE HOUSE

my commitment to reduce bureaucracy and red tape in state
government. The encouragement of persons seeking excellence in their
development as education paraprofessionals should be accomplished
with a flexible and common sense approach and without a rigid system
of state mandatory laws and rules governing the process.
For these reasons, I am withholding my approval of House Bill 1583
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor
Pursuant to Rule 7.12, vetoed bill HB 1583 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.
The Honorable Sandra B. Mortham June 16, 1995
Secretary of State

Dear Secretary Mortham:
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 and transmit to you with
my objections, House Bill 1595, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:
An act relating to the Oklawaha Basin Recreation and Water
Conservation and Control Authority, Lake County;
House Bill 1595 requires the Lake County Commission to call for a
referendum on the 1996 general election ballot to poll the voters on the
following two questions:
1) Whether the appointed members of the Water Authority should
be elected rather than appointed; and
2) Whether the governing board of the Water Authority should be
abolished and its duties assumed by the Lake County Commission.
These questions are in conflict with provisions of Florida law
specifying the form of questions placed on the ballot. Further, the
provisions of these two questions are mutually exclusive and
contradictory. The bill does not speak to the possibility that both
questions might be approved.
For these reasons, I am withholding my approval of House Bill 1595
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor
Pursuant to Rule 7.12, vetoed bill HB 1595 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

The Honorable Sandra B. Mortham
Secretary of State

Dear Secretary Mortham:

June 16, 1995

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 and transmit to you with
my objections, Committee Substitute for House Bill 2025, enacted
during the 77th Session of the Legislature since Statehood in 1845,
during the Regular Session of 1995, and entitled:
An act relating to dentistry;
Committee Substitute for House Bill 2025 contains provisions
allowing graduates of a foreign dental college or school to qualify for the
dental hygienist licensure examination without having to satisfy current
statutory requirements. Graduates of an accredited dental college or
school in the United States must successfully complete either the
National Board of Dental Hygiene Examination or the National Board

IE

The Honorable Sandra B. Mortham
Secretary of State

June 16, 1995

Dear Secretary Mortham:
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 and transmit to you with
my objections, House Bill 2077, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:
An act relating to the St. Lucie County-Fort Pierce Fire District;
changing the name to St. Lucie County Fire District; amending the
charter to incorporate all subsequent amendments; changing the
interest rate; repealing all previous acts relating to the fire district;
providing an effective date.
House Bill 2077 amends provisions which allow the district to borrow
money. That amendment increases from $500,000 to 25 million, the
amount the district can borrow in any one year. I have serious concerns
about the dramatic expansion of borrowing authority in light of the fact
that I have received comments on this legislation indicating that the
people residing within the district may not have had an adequate
opportunity to comment on this issue.
For these reasons, I am withholding my approval of House Bill 2077
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor
Pursuant to Rule 7.12, vetoed bill HB 2077 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

The Honorable Sandra B. Mortham
Secretary of State

Dear Secretary Mortham:

June 16, 1995

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 and transmit to you with
my objections, House Bill 2589, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:
An act relating to the confidentiality of records obtained from a
utility;
This legislation amends exemptions from the public records law
relating to records submitted to the Public Service Commission by the
utilities they regulate. Current law provides for the Commission to
determine whether such records should be exempt from public
inspection. These amendments allow the utilities to decide whether the

OF REPRESENTATIVES March 5, 1996

of Dental Examiners dental examination within 10 years of the date of
application and received certification by the American Dental
Association Joint Commission on National Dental Examinations within
10 years of the date of application. However, graduates of a foreign
dental college or school would not be subject to those requirements.
Requirements placed upon graduates of accredited colleges or schools in
the United States for qualifying to take the state dental hygienist
examination should apply equally to graduates of foreign colleges or
schools.
For these reasons, I am withholding my approval of Committee
Substitute for House Bill 2025 and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor
Pursuant to Rule 7.12, vetoed bill CS/HB 2025 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

information should be considered confidential and exempt from
provisions of the public records law. I do not approve such amendments.
For these reasons, I am withholding my approval of House Bill 2589
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

Pursuant to Rule 7.12, vetoed bill HB 2589 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.
The Honorable Sandra B. Mortham June 16, 1995
Secretary of State

Dear Secretary Mortham:

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 and transmit to you with
my objections, House Bill 2689, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:
An act relating to trust funds; creating the Seafood Workers
Economic Assistance 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 trust fund; providing a contingent effective date.

House Bill 2689 creates the Workers Economic Assistance Trust Fund
within the Department of Environmental Protection. This bill conflicts
with fiscal provisions found in House Bill 1317, which also passed the
Legislature this session. House Bill 1317 provides for the establishment
of the Seafood Workers Economic Assistance Trust Account within an
established trust fund available within the Department of Labor and
Employment Security. House Bill 2689 is therefore duplicative and
unnecessary.
For these reasons, I am withholding my approval of House Bill 2689
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

Pursuant to Rule 7.12, vetoed bill HB 2689 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

June 16, 1995

The Honorable Sandra B. Mortham
Secretary of State

Dear Secretary Mortham:

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 and transmit to you with
my objections, House Bill 2721, enacted during the 77th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1995,
and entitled:
An act relating to the regulation of professions and occupations;

House Bill 2721 is a comprehensive bill to revise many provisions
relating to the professions regulated by the Department of Business and
Professional Regulation. The bill contains many beneficial measures;
however, I cannot support the provisions relating to the Statewide
Minimum Building Code.
While I support statewide certification of contractors, I also endorse
the ability of local governments to provide for the unique needs of their
communities. Section 132 of the bill may substantially affect the nature
of the State Minimum Building Code. This represents a broad,
substantial change that should have been more thoroughly considered
in the legislative process.

For these reasons, I am withholding my approval of House Bill 2721
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

Pursuant to Rule 7.12, vetoed bill HB 2721 (1995 Regular Session),
together with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

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 5, 1996, 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 and adopted. Under the rule, the concurrent resolution was
immediately certified to the Senate.

Reports of Standing Committees

Special Order Calendar

The Honorable Peter R. Wallace
Speaker, House of Representatives

March 4, 1996

Dear Sir:

Subject to a vote of the House, the following report is submitted as the
Special and Continuing Order Calendar beginning Wednesday, March
6, 1996.
CS/HB 51-Residential Landlord & Tenant Act
HB 213-Florida Lottery Advisory Council
HB 1263-Temporary Custody/Minor/Uncle
HB 741-Probate
CS/HB 37-Legal Actions by Prisoners
(Pending committee action)
HB 739-Guardians Ad Litem
(Pending committee action)
HB 903-Baker Act
(Pending committee action)
HB 845-Florida Election Code
(Pending committee action)
HB 233-Absentee Voting
(Pending committee action)
CS/HB 235-Voter Registration
(Pending committee action)
CS/HB 281-Voter Solicitation at Polls
(Pending committee action)
CS/HB 831-Desalinated Water/Bulk Sale
(Pending committee action)
HB 127-Cattle Fever Tick Eradication
CS/HB 53-Hazardous Waste Facility Siting Act
HB 203-Cholesterol Screening
(Pending committee action)

7

March 5, 1996

8 JOURNAL OF THE HOU

HB 783-Pool & Spa Contractors
HB 833-Geology
CS/HB Ill-Insurance
(Pending committee action)
HB 673-Opticianry
(Pending committee action)
HB 785-Massage Practice
(Pending committee action)
HB 819-Dietetics & Nutrition
(Pending committee action)
HB 929-Talent Agencies
(Pending committee action)
HB 157-Fireworks/Display
(Pending committee action)
HB 49-Controlled Substance Schedules
HB 27-Dewey Knight, Jr., Memorial Highway
(Pending committee action)
HB 59-George Musson Memorial Bridge
(Pending committee action)
HB 355-Lee Roy Selmon Expressway
(Pending committee action)
Respectfully submitted,
Anne Mackenzie, Co-Chair
Committee on Rules & Calendar

On motion by Rep. Boyd, the rules were waived and the above report
was adopted.

Committee to the Senate

On motion by Rep. Webster, the Speaker appointed Reps. Klein,
Feren, Logan, Brennan, Bitner, Lynn, 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.

Motions Relating to Committee References

On point of order under Rule 8.8, by Rep. Logan, Chair, that they do
not affect taxation, the following bills were removed from the Committee
on Finance & Taxation: CS/HB 37; CS/HB 101; CS/HB 111; and HBs
203, 349, 673, and 819. HB 203 remains referred to the Committees on
Appropriations and Rules & Calendar, CS/HB 37 was placed on the
Calendar, and the remaining bills remain referred to the Committee on
Appropriations.
On motion by Rep. Logan, Chair, agreed to by two-thirds vote, HBs
739, 785, 821, 903, and 929 were withdrawn from the Committee on
Finance & Taxation and remain referred to the Committee on
Appropriations.
On motion by Rep. Ritchie, Chair, agreed to by two-thirds vote, CS/HB
37; HBs 203 and 233; CS/HB 281; HBs 673, 739, 785, and 819; CS/HB
831; and HBs 845 and 929 were withdrawn from the Committee on
Appropriations. HB 203 remains referred to the Committee on Rules &
Calendar and the remaining bills were placed on the Calendar.

Waiver of Rule 6 for Committee Meetings and Bills

On motion by Rep. Ritchie, Chair, the rules were waived and the
Subcommittee on Fraud, Overpayment & Error Elimination of the
Committee on Appropriations was given permission to meet Thursday
and Friday, March 7 and 8, at 8:00 a.m.

Remarks of the Speaker
Speaker Wallace: Members of the Florida House of
Representatives, welcome to the opening day of the 1996 Legislative
Session.

I thank all of you for your hard work over the weeks leading up to
today. I especially want to thank a leader whose unselfish cooperation
helps this House to function as a bipartisan legislature in the truest
sense, Republican Leader, Daniel Webster. [applause] Dan, will you

S]

E OF REPRESENTATIVES March 5, 1996

stand up? [applause] Dan, you have been a great partner and a good
friend, and all of us here are grateful to you for the hard work you do on
our behalf.

Each opening day gives us a fresh opportunity, as a citizen legislature,
to give something back to our state, and to repay the confidence of those
who placed us here. It is a chance to begin again. With renewed
optimism, intelligence, courage, and hard work, we can make a
difference for the people of Florida. But at the same time, public
skepticism about government is on the rise. Many people believe we are
only here to serve our own ambitions. And legislatures in other states
hear the same message.

Now, I believe that this House is the finest group of men and women
that I have ever had the opportunity to serve with. I have been honored
to work with Members of the caliber of Representative Buzz Ritchie, for
instance. Buzz, will you stand up? [applause] Buzz, your tireless
commitment to the people we serve and to the issues we wrestle with
every day has earned you our respect, and I'm proud to have you as the
leader of the party we share.

All of you are people of honor and compassion, but at times I think we
are blind to the eyes of history, recording what we do and what we fail
to do. I remember a story Governor LeRoy Collins used to tell.

Each spring, when he was a boy, there was a parade to celebrate
Confederate Memorial Day. And he remembered one old veteran who
marched each year with a long walking stick. The parade would wind up
at the famous Natural Bridge Battlefield, a few miles south of
Tallahassee. There, on March 6, 1865-tomorrow will be 131 years to the
day-a company of young cadets from the West Florida Seminary turned
back a Union advance against this capital. And each year, the old
veteran planted his stick at a certain place in the ground, and danced
around it, chanting, "This is where I stood; this is where I stood." Now,
many children thought the old man was crazy. But Collins knew the old
man was telling where he stood on that battlefield, where he stood as a
child against the Union guns, against impossible odds, and won.

Governor Collins said he remembered that scene many years later, in
1957, when the Florida Legislature passed something called the
"Interposition Resolution." The Interposition Resolution was a
document defying, in the name of states' rights, the power of the federal
courts to order integration in the South. Collins knew he couldn't veto
it because it was a resolution, not an act. So he wrote across the bottom
of the resolution his vigorous condemnation of its segregationist
message.

Today, I have that document in my hand, and I can tell you it feels
alive with the history of that time and with the courage of the man who
wrote so boldly across it. This, in part, is the message that Governor
Collins wrote:

I take this means to advise the student of government who may
examine this document in the archives of this state, that the
Governor of Florida expressed open and vigorous opposition thereto.

Not only will I not condone "Interposition" as so many have sought
for me to do, I decry it as an evil thing, whipped up by the
demagogues and carried on the hot and erratic winds of passion,
prejudice, and hysteria.

If history judges me right, I want it known that I did my best to avert
this blot. If I am judged wrong, then here, in my own handwriting
and over my signature, is the proof of guilt to support my conviction.
LeRoy Collins
Governor

Collins later said he wrote his message as a way to say to future
generations, like that old veteran, "This is where I stood."
What artifact of history will we leave behind to tell of our integrity,
our dedication, our love of Florida? What will be this Legislature's legacy
of courage? What is it that we will leave behind to say, "This is where
we stood"?

JOURNAL OF THE HOUSE OF REPRESENTATIVES

For the first time in 26 years, we have what some are calling a new
standard work in Florida history. It's called The New History ofFlorida,
and it is edited by Michael Gannon. Let me read you some excerpts from
the last chapter (and it's not pretty):
[T]he state legislature regularly mimics the political gridlock that
has characterized the nation's capital. Political leaders in both
parties seem more interested in low taxes than needed public
investment in education, social services, infrastructure, growth
management, and environmental protection.

Few state leaders seem ashamed that Florida ranks at the bottom
of all 50 states in per capital spending for higher education or that
the state's public schools are badly overcrowded and notoriously
undersupported, or that Florida ranks high among the states in
prisoners per capital.
So now, this is a part of history, too. And sadly, it's a part of history
that we have been writing, deliberately or not, these past few years. It
seems that our best efforts have been spent trying to stop bad laws, and
not in initiating good ones. Members of the House, we have lost our
vision. Like the old veteran, we need to find our place in the field again.
We need to remember where we stood on the truly important issues: on
education, on the environment, on health care.

We have lost our place in education. We have lost the vision of safe,
uncrowded classrooms where every child has a textbook and an
opportunity to learn. We have let higher education slide as a funding
priority. We have lost the vision of a high-technology, high-wage state
that can only come with excellence in higher education.
Before the next standard work of Florida history is written, do we have
the will, the courage, to rewrite those last few paragraphs? Will we be
able to say to a younger generation, with pride, This is where we stood
on education"?

Perhaps our greatest legacy as Floridians is the fragile environment
that makes Florida unique. Will we have the courage not to roll back our
protection of that precious legacy, to resist the lure of selfish interests?
Will we have the courage to preserve Florida's endangered lands, and to
fairly balance the human needs for adequate pure water and the needs
of the environment? Will we be able to tell a younger generation, with
pride, "This is where we stood on the environment"?

A quarter of Florida's children live in poverty. Millions of working
Floridians lack health insurance. In some communities, infant mortality
rates are higher than third world nations-third world nations. Despite
the best efforts of this House, Florida has failed to pass a comprehensive
system of health care. But will we have the courage this year to expand
our system of health care for Florida's children? And will we have the
courage to address children's health, not only by expanding care, but by
dealing with the fact that tobacco is hooking our children and poisoning
their health? Will we have the courage to hold the tobacco industry
accountable for the human costs of tobacco addiction? [applause] We
may disagree about the process by which the Tobacco Liability Bill
became law, but there is no question that by now, it has been fully
discussed and debated. So, will we stand against the demagoguery-and
if you have seen the ads, that's what it is-of the tobacco industry and
tell a younger generation, "This is where we stood on children's health"?
I will tell you right now I intend to. And if that means having to write,
like LeRoy Collins, across the bottom of a veto override, my
disagreement with the actions of the Legislature, I will do so.
This year, the eyes of history will bear down on us more sharply than
ever before. This is the first session that will be carried, gavel to gavel,
on cable television statewide. And we will be the first Florida Legislature
that the people of Florida will be able to respond to through the Internet.
The technology we can now use to serve democracy can help
revolutionize this process and reawaken a feeling of unity between the
people and their government. But technology will take us no further
than our own courage, unity, and resolve to make this process work.

Clearly, we will not be able to change the past. The most we can do,
if we are fortunate and determined, is to rewrite a few sentences in the
last chapter. But if we can do that, in the end, we will be able to meet

the gaze of history. Each of us will be able to point to that place in the
history books, to that place in the journals of this institution and to say
to our children with pride, "This is where I stood."

Thank you very much. [applause]

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 10:12 a.m., to reconvene upon
the call of the Speaker.

Reconvened

The House was called to order by the Speaker at 10:21 a.m. A quorum
was present.

Committee from the Senate

A committee from the Senate consisting of Senators Casas, Diaz-
Balart, Dudley, Grant, Holzendorf, Silver, and Weinstein advanced to
the well and announced that the Senate was convened and ready to
transact business.

Recessed

The House stood in informal recess at 10:42 a.m., to reconvene upon
the call of the Speaker.

Reconvened

The House was called to order by the Speaker at 10:58 a.m. A quorum
was present.
JOINT SESSION

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

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
Robert F. Milligan, Comptroller; 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 House 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 Senate 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 present.

March 5, 1996

9

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Prayer
The following prayer was offered by the Reverend Hal Marchman of
Astor:
I am happy to be here today. I woke up this morning about 5:30,
nervous about writing a prayer for this august body. I had a lot of
thoughts with my eyes open and my heart open. My prayer today is going
to be a prayer of gratitude for the feelings I had at 5:30 this morning; I
hope I can express them now. But my feeling of gratitude was that this
is one of the most wonderful places in the world to live-the state of
Florida. And I began to think about the people of the House and the
Senate-state government. You all have been chosen as leaders by the
people in your home districts to come to Tallahassee. And you here-all
of you are good people-you have been sent here. And when you get to
Tallahassee, then you begin to pick the leaders that are going to lead
you, and you have done a good job of that. This is a great system of
government, and my heart is filled with gratitude that we are a people
that have been brought together to deal with the needs of people. All of
you have a heart for this, and I applaud you for the leaders that you have
chosen for the people of this great state and the government. So my heart
is filled with gratitude to Almighty God for this. I'm also filled with a
heart full of gratitude for the promise of this great state of Florida. We
haven't got it all made yet. We are in the process of becoming. And, my
heartfelt prayer today is, "Long may this land be bright with freedom's
holy light. Protect us by thy might, great God our King." Shalom and
Amen.

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

Committee to the Governor
On motion by Rep. Davis, the President appointed Senators Childers,
Dudley, Jenne, Jennings, Thomas, and Jones, and on behalf of the
Speaker, appointed Reps. Ritchie, Chestnut, Davis, Ascherl, Culp,
Jones, Posey, and Valdes as a joint committee to notify the Governor that
the Legislature had assembled to receive his message. The committee
retired to execute its responsibility.
Recessed
The Joint Session stood in informal recess at 11:15 a.m., to reconvene
upon call of the Chair.

Reconvened
The Joint Session was called to order by the President at 11:23 a.m.
A quorum was present.

Presentation of the Governor
Upon announcement by the Senate Sergeant at Arms, the committee
escorted Governor Chiles to the rostrum.
President Scott introduced Rhea Chiles, wife of Governor Chiles; Ed
Chiles, son of Governor Chiles; Rhea and Alex MacKinnon, daughter and
son-in-law of Governor Chiles; Ann MacKay, wife of Lt. Governor
MacKay; Helen Wallace, wife of Speaker Wallace; and Janice Scott, wife
of President Scott. President Scott presented the Honorable Lawton M.
Chiles, Jr., Governor, who addressed the Joint Session as follows:

Governor's Address
Thank you very much. President Scott, Speaker Wallace, members of
our Supreme Court, my partner Buddy MacKay and members of the
Cabinet, members of the Senate and members of the House, and our
fellow Floridians.
We come together on this God-given beautiful morning as the elected
leaders of the fourth largest of the 50 states. We come as representatives
of 14 million people who call Florida home.
I know that you share my concern about the lack of credibility that we
elected officials seem to hold-are held now by our people. Most polls

today show that if the people could, they would vote for that someone
other than the named candidates. I believe that's because they're tired
and have become disillusioned with the games that we've played and the
partisan bickering. We have an opportunity to change that.
A book was recently published, The New History ofFlorida. That book
ends where we begin-identifying the great challenges that we face this
session. History shows us that we always have a choice. We can allow
events to shape us, or we can choose to shape events. The 2,000 bills that
you will consider this session are the raw material of Florida's new
history. How will Florida's children judge our work when our chapter is
written? I hope they'll look back upon the year 1996 as the year
cooperation replaced confrontation and results replaced rhetoric. Let's
make this our legacy.

We are a state with great assets. We have a diverse population, a
growing economy, and the Lord has given to us rich resources. But our
state also has tremendous needs, and I want to talk to you about some
of the challenges that we face this session. We must continue to reduce
crime and violence. We must provide our children with a future full of
hope, including quality education. And we must take the necessary steps
to strengthen and improve our economy.

I want to begin today by recognizing the dedicated work of our state
law enforcement officers. These heroes put their lives on' the line every
day, protecting and serving our people with distinction. Over the past
five years, we have taken strong actions together to help law
enforcement promote safer streets, safer communities for our people.
Since 1991, we've added over 38,000 prison beds. We've increased the
time served from 33 percent to now 85 percent. We've ended early
release as a way to control prison population. We've sent a clear message
that we won't allow criminals to terrorize our people. In Florida now, if
you do the crime, you will do the time. Now we need correctional officers
and security improvements to handle the increased capacity of our
prisons.
One of our biggest continuing challenges is dealing with juvenile
delinquents. When it came to leading our charge to reform juvenile
justice, I asked one of our state's most accomplished law enforcement
officers, Secretary Calvin Ross, to help us. We've provided the deep-end
slots for the habitually violent juvenile. Now we have to provide funding
for prevention and intervention to prevent developing another crop of
incorrigible kids. [applause]

If you look at the profile of our prison inmates, you'll see that they got
on the wrong path at an early age. They come from broken homes; they
lack basic education skills; they dropped out of school; they abused
alcohol or drugs; and many were victims of abuse themselves. If you
don't change the profile, you won't change the results. We know that we
will never be able to build enough prisons to handle our crime problem
if we don't do something about our children on the front end.
[applause]
My priority for the next three years will be protecting Florida's most
precious natural resource, children and their families. A recent poll by
the Tampa Tribune and the Florida Center for Children and Youth
shows us that the people are way ahead of us. It shows the public wants
us to focus on children and families. Our people are most concerned
about the education of our children, and I want to applaud the Speaker
and the President and the members of the House and the Senate for
making this your top priority-education-your top priority this session
also.
We know the doorway to prosperity is education. If Florida is ever to
grow and to thrive, the majority of our kids have to get through that
doorway, over the threshold. We focused on the back end, in education,
as well as crime, and we had to because that's where our failures are.
But, like crime, unless we look at children from birth, nurturing,
developing their capacity so that they can go to grammar school, safe and
sound, prepared to learn, they will never succeed.

Helping children at three or four years old-prekindergarten-has
proved to be the most effective and economically sound strategy to
prepare disadvantaged kids for success in schools. We have 137,000 kids
who need this boost.

10

March 5, 1996

JOURNAL OF THE HOUSE

We don't want to hear about the bad scores that children get, and yet,
we have failed to fund textbooks and material to keep them supplied
with the tools that they need. [applause] Textbooks and computers are
those critical educational tools. The carpenter can't build a house
without his tools, but half our teachers say that their students have to
share books, and many can't take books home to study. And many of the
books are so outdated. Kids in Dade County showed me some of the
textbooks that they're using. [The Governor held up a history book.] If
you take a look at this history book, Ronald Reagan is still President.
[applause] There is not a word in here about democracy's triumph over
communism. The Soviet Union is still the "Evil Empire." Not one word
about the Gulf War or President Bush or President Clinton. [The
Governor held up a biology book.] And this biology book doesn't even
mention a disease called AIDS. We can do better. Florida has to make
a commitment to the most basic kind of education reform-providing
textbooks and resource materials to children in the classrooms.
[applause]

Kids need safe schools. Let's increase the number of Second Chance
Schools so that we can remove the disruptive and dangerous students
from our regular classrooms and not send them out on the street, but
send them into a tougher school.
We all shared the agony of the Ryce family when their son Jimmy was
abducted and killed. That tragedy reminds us that it's all of our
responsibility to protect our children. In Jimmy's memory, let's enact the
Jimmy Ryce Child Safety Law and send a strong message that our
children can walk home in safety. [applause]

Protecting the family unit is critical in all of our efforts to move Florida
forward. That's why we must redouble our effort to ensure that our
children's homes are safe havens. You have helped make Florida a
bellwether state in the effort to address domestic and sexual violence.
Let's continue our leadership role.
We must also continue to require that fathers embrace their
responsibility and support children that they've brought into this world.
[applause]
We've made good progress in addressing the needs of our children.
Today, our infant mortality rate is lower than it's ever been-23 percent
drop since 1990. That means that over 1,100 babies are alive today
because of our efforts to prevent and have prevention programs like
Healthy Start.

Thousands more will be able to go through life healthy, without a
disability, because their mothers went to full term. That is money in the
bank. That helps lift a burden off of our taxpayers. And we've taken our
immunization rate from 63 percent to 80 percent, a 27-percent increase
since 1991.
The number of children in our foster homes are down and our
adoptions are up by 80 percent since 1990-but 80 percent from where
they started-we've still got a long ways to go. I had the pleasure of being
escorted into the Chamber today by three foster kids, brothers, waiting
to be adopted. We need to find loving parents for all of the 1,700
adoptable foster kids that we have in our system. [applause]
I'm proud that my daughter, Rhea MacKinnon, is spearheading our
Partnership for Adoption effort. She's working to enlist the help of
corporate citizens in placing kids for adoption. She had a pretty good role
model. I'm lucky to have the best friend of Florida's'children and families
as my top advisor, my inspiration, and the love of my life. Rhea always
has been a strong advocate for promoting the needs of children. And
recently she told me, "You better do something about children and
families or, after you're gone, everything that you've wanted to do will
be gone." I hit the road. [applause]
I've been traveling the state trying to learn firsthand about what
people are doing out there, what programs are out there, how they are
working. I've been honored to hear some of the participants share their
personal stories with me. I wish I could share them all with you, but in
Daytona Beach, I met Carrie Stebbins. Carrie got pregnant when she
was 17; she had to quit before she could finish high school. She didn't

March 5, 1996

Our efforts to reach consensus on Enterprise Florida have become a
model for the rest of the nation. It's another example of what we can do

OF REPRESENTATIVES 11

have anywhere to keep her child. She wanted to finish school, but she
didn't have that help. Carrie got help from Teen Parent East. The
program provided transportation and child care for her baby while she
attended school. Last June, she graduated from high school. She's now
attending the community college, and she's working as a volunteer in the
Teen program. She's the role model for these other young girls that they
can make it, that they can direct their own lives, that they don't have
to repeat a pregnancy after a pregnancy; they don't have to be on
welfare; they can have a life.

In Naples, I met Sherrie Ode. Sherrie is a 23-year-old single mother
with two little boys. In a program, she's now getting job training-
training that will help her make a better life for her family, get away
from the minimum-wage job that she had. Her dream is to become a
lawyer; I bet you that she's going to do it.

Florida has some great programs working for our children. These
programs matter; they make a difference. They just don't cover enough
of our children. I guarantee that if each of you would go back home and
spend half a day looking at the programs that you have in your
communities, what they do and what they need, you'll become more
determined than ever to help.
Ask T. Wayne Davis of Winn Dixie or the people at Pratt and Whitney
if focusing on kids can help their bottom line. Ask Dominic Calabro,
Florida TaxWatch, if investing in our children is smart fiscal policy.
They will tell you that it makes good sense, good economic sense as well
as good common sense.

Now, I'd like to ask the Republicans' indulgence for a moment as I
speak to the Democrats in the Chamber.

Back in 1990, Doc Myers and Representative Fred Lippman joined in
an effort to establish the Healthy Kids program. Governor Martinez,
Treasurer Gallagher were good stewards of that program-Healthy
Kids, one of the most successful prevention programs we have. It
produces access to health care for uninsured children who would
otherwise wind up in the emergency room. Since Healthy Kids began,
more than 18,000 kids have received low-cost, comprehensive health
care coverage. Next year there will be 23,000 enrolled in 12 counties.
Every evaluation shows that this is an outstanding bottom-line success.
Healthy Kids is a lifeline to children who need it. And for only 30 million
dollars, we can provide coverage for 111,000 uninsured kids zero to five
years old.
Fellow Democrats, I know this is tough. But I urge you to continue this
good, smart, sound Republican idea started by Doc Myers and Treasurer
Gallagher and Bob Martinez. Florida's Healthy Kids program has been
a remarkable success, and together we can make it better. This is not
about credit; this is about taking care of kids. You can't have a smart kid
if you've got a sick kid. [applause]

We can't talk about strengthening families without mentioning our
elders. And, last year, this Legislature took appropriate action to bolster
our elder-abusd laws. The people of Florida thank you for that effort. We
owe our elders a real commitment to a quality of life that includes basic
human dignity and care in a better alternative than just a nursing home.
Let's ensure that their golden years don't become tarnished times.
Looking at the economic front, we know good jobs in the economy
provide the security and promise that bring our people to happiness, and
it is a central building block for stronger families. And we have some
good news to tell.
"* Last year, with 200,000 new jobs, we were a national leader in job
creation.
"* Our tourist industry is strong again. Ninety-five was Florida's best
year.
"* International trade has been increasing by double digits since 1991
and Florida is becoming the international hub for all of Latin
America.

12 JOURNAL OF THE HOUSE

when we work together-public and private, Democrat and Republican,
House and Senate. We've proven that we can rise above our differences
for the common good. Enterprise Florida will help us build that world-
class economy-help us look out for rural, urban, and minority needs.

The House worked hard on a bill last year; and now the Senate has
joined and we have bipartisan, bicameral support in a great spirit of
cooperation. Senators McKay, Dantzler, and Senator Scott-thank you
for your hard work. And Representatives Lippman, Bloom, Mackey,
Miller, Safley, Bitner, Merchant, Warner, and Speaker Wallace and I
know there are a lot of others that have worked-I appreciate your
efforts, too. When you pass this landmark bill and I sign it into law, we
will send the strong message to business all across the world-Florida
is ready for prime time. Let's make this our first order of business. Let's
close this deal.

You can't have meaningful economic development without meaningful
welfare reform. For too long we just handed people money without
offering them any help of escaping the welfare trap. Our Work First plan
rewards work over welfare. It replaces dependence with independence--
pride and personal responsibility in having a job. Work First turns that
welfare application into a job application. We are also sending a clear
message-no free rides.

From our successful Escambia and Alachua Family Transition
Programs we've learned that we must provide child care and health care
to have a successful transition. These programs also show us that you
can't have successful welfare reform and save money in the first few
years. But we can make huge future savings if we make the changes in
the investments in this reform. I've requested an additional 60 million
dollars in child care to provide services for 18,000 children-that is
critical to welfare reform. I'm very pleased again to see Senator Toni
Jennings and the members of the Senate and Representatives Scott
Clemons, Mary Brennan, and others in the House are moving on parallel
tracks. Let's make this another bipartisan success for Florida.
[applause]
Last year I called for a 50-percent reduction in rules and regulations.
And my partner, Buddy MacKay, tells me that we are more than halfway
to our goal. But he also tells me that we've got a lot more to do, and we
can't do it without your help.

A number of proposals before you would help our agencies reduce
rules. The Department of Business and Professional Regulation is
proposing to deregulate some of the professions so that they can focus
on regulating professions that truly have a significant impact on the
public health and safety. IFurge you to support that effort.

I've identified more than 30 boards which add nothing to the necessary
functions of government. I ask you to repeal those boards. And, more
broadly, I ask you to enact laws with clear policy direction, so there is
no need to set policy through the rulemaking process. If you can't justify
the red tape, let's get rid of it. [applause]
I'm also committed to the reform of the Administrative Procedures
Act. Thanks to the APA Review Commission, we have a proposal that
simplifies the APA, increases flexibility in the applications of
administrative rules, and increases agency accountability to the
Legislature and to the general public. Let's pass this important
legislation.

Protecting our environment is also critical to maintaining Florida's
quality of life. With our strong commitment to environment, our water
and our air are now cleaner than they were 10 years ago. Preservation
2000 has made us a leader in environmental protection. Since P-2000
was enacted in 1990, we've placed more than 600,000 acres of
irreplaceable natural areas aside for future generations. Our budget
calls for some 300 million for P-2000, 10 million for funding of the SWIM
to continue our strong efforts in environmental protection.

It's our responsibility to provide our taxpayers with efficient
government services. We have one of the most efficiently run state
governments in the nation. We are producing results for our people. And
Florida also has some of the hardest working state employees in

uI

E OF REPRESENTATIVES March 5, 1996

America, but some of the lowest paid also. During this session, let's
provide a three-percent pay raise for each employee with a 1,000 dollar
minimum. [applause] The Good Book tells us, "Don't muzzle your ox."
We need to change the situation where the same employees who hand
out food stamps also receive food stamps.

Now I want to take a moment to talk to you about the Tobacco Liability
Law. John Stennis, a patriarch in the United States Senate that I
revered, once had a conversation with me about hard votes that you had
to cast sometimes. John told me that when he first came to the Senate,
Richard Russell was talking with him and said, "John, once in a while
up here, you're going to have to cast a vote for the country." You have
one coming up; it's the "Tobacco Override." It's a hard vote. When there's
over two lobbyists for each member of the Senate, I know how hard it is.
But the smoke screen argument is this: "This bill is so broad, any
business could be sued." Heifer dust.

No other product, other than tobacco, kills and maims when used as
directed. The state in any suit still has to prove injury and damages. In
order to remove any credibility from that specious argument, I have, by
Executive Order and Court Stipulation, narrowed the use of the act only
to tobacco. And I have, and earlier on stand ready to, support legislation
to narrow it only to tobacco. And when you sustain the veto, those people
that are now blocking us from passing that will come and help us do that,
and they can quit frightening small businesses. Interesting to see an ad
campaign now being run in which they talk about law suits. They talk
about the terrible thing and they ask people to call you. They never
mention the word tobacco-very, very interesting.

Each day more than 28,000 Floridians die from the effects of
smoking-Floridians-that's one every 19 minutes. These are your
neighbors. They're our neighbors and they die every hour, every day of
the year. Money collected from our taxpayers in the amount of 420
million dollars is spent by the state every year to pay for the death and
damages that are caused by tobacco. And nearly 64,000 of our kids are
hooked by tobacco every year. That's a Florida child brought into the
tobacco trap every nine minutes. It's our responsibility; we take an oath
to protect them. [applause]

This is one of those watershed votes. Time is running out for tobacco
being able to get away with this. Make this a vote of conscience. Put
Florida in the vanguard of making tobacco pay for the damages that
they've caused. Show Floridians that powerful lobbyists with big
campaign contributions can't persuade you against the bigger interest
of the public. Join me in the fight for our taxpayers and our kids against
tobacco.

Mr. Speaker, I want to thank you for your strong stand of conscience
today.
In Florida, we have a chance to literally change the history of our
nation. We're that kind of a leadership state. We have that kind of
recognition, and I want to share with you some of my recent experiences
with five other governors who conferred about the funding of Medicaid.
There were three Democrats, Roy Roemer of Colorado and Bob Miller of
Nevada and myself, and three Republicans, Tommy Thompson of
Wisconsin, John Engler of Michigan, and Mike Levitt of Utah. We
represented "no-growth," "slow-growth," and "fast-growth" states. We
represented very diverse and very strongly held views about what the
Federal Government should be doing in reforming this program.

With major philosophic and demographic differences between us, we
were given the monumental task of getting together, coming up with a
plan that we could recommend to all of our governors. Our first two
meetings were an unmitigated disaster. Each of us got up and walked
out, screamed at the others, more than once. And when we were ready
to call it a failure at the end of the second meeting, Tommy Thompson
called us all together again and said, "We've got to persist." He said we
had to come back and try again, and we did. We started looking for first,
the things we could agree on. What were the things that we sort of had
in common? We wanted flexibility. How do we agree? Then we addressed
those major differences that each state felt they had to have. We gave
and we got. Certainly, I wanted to ensure that Florida was protected.

JOURNAL OF THE HOUSE

Three meetings later, we agreed on an outline which subsequently
became the plan that we presented to 50 states meeting at the National
Governors' Association meeting, and it was adopted unanimously with
a standing ovation. Also a unanimous agreement was a plan to reform
the national welfare system.
We six governors spent over 100 hours meeting with each other in
these deliberations. The bipartisan approach worked. How was it that
governors could come to an agreement when the Congress and the
President could not? We had an imperative. You know, Florida had a
heck of an imperative. In the first congressional plan, we would lose 8
billion dollars. In the vetoed plan, we were going to lose 4 billion dollars.
If the Congress and the President accepted the governors' plan, Florida
would not get hurt. And because each of our states had such a vital stake
in this, we had to find a solution. This process was a great lesson to me,
and I hold it out to you in a way that, together, we can address the thorny
problems that we must solve for the people of Florida.
I will meet with you anytime, anyplace, for as long as we need to meet
to work out our differences. Let's show the voters who sent us here that
we can replace partisanship with partnership. Let's show, in the next 60
days, how much we can do when we work together. Let's see the future
of our children and let's see it through their eyes, the eyes of our
children. Let's make a strong commitment to help them reach their full
potential. We can begin right now, today. Let's stand together as
Floridians and write a new chapter in our state's history. Let's draw
strength from our diversity to boldly move forward into an era of
cooperation.

Floridians are great people, and they can be even greater. Florida's
children are our inspiration to do what is right. They are our inspiration
to face the challenges of our times. And they certainly deserve our very
best effort.

So let's take the action that will make all the future generations proud
as we work together as Floridians and provide our children with that
future full of opportunity. Thank you. [applause]

Following his address, Governor Chiles was escorted from the
Chamber by the committee. The members of the Supreme Court and the
Lieutenant Governor and Cabinet were escorted from the Chamber by
the Sergeants at Arms of the House and Senate.

On motion by Senator Jennings, the Joint Session was dissolved at
12:10 p.m., and the Senators were escorted from the Chamber by the
Senate Sergeant at Arms.

Reconvened

The House reconvened at 12:11 p.m. A quorum was present.

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 10:30 a.m., Wednesday, March 6. The motion was agreed
to.

Introduction and Reference

By Representatives B. Saunders, Crow, and Heyman-

HB 1-A bill to be entitled An act relating to tobacco products;
amending s. 569.002, F.S.; revising language with respect to definitions;
providing exemptions from the provisions of chapter 569, F.S., for
certain persons under the age of 18; amending s. 569.007, F.S.; providing
an additional exemption from the prohibition against sale or delivery of
tobacco products by vending machine; amending s. 569.008, F.S.;
requiring mitigation of penalties for sale of tobacco products to persons
under 18 years of age, under specified conditions; creating ss. 859.071
and 859.072, F.S.; prohibiting purchase or possession of cigarettes or
tobacco products by persons under 18 years of age; providing for civil
citation; providing for imposition of specified sanctions by the court;
providing for enforcement; creating s. 859.0725, F.S.; providing for
county or municipality tobacco product enforcement officers; creating s.

March 5, 1996

OF REPRESENTATIVES 13

859.073, F.S.; providing for disposition of revenue; providing an effective
date.

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

By Representatives Ogles, Constantine, Miller, Crow, Carlton,
Flanagan, and Wasserman Schultz-

HB 3-A bill to be entitled An act relating to sales tax exemptions;
providing a short title; providing that the Legislature shall not enact any
new sales tax exemption unless it also repeals an existing sales tax
exemption of at least equal value; providing an effective date.

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

By Representatives Starks, Kelly, Bitner, Healey, Posey, Lippman,
Livingston, Mackey, Bronson, Harris, Casey, Rodriguez-Chomat, Ball,
Tedder, Melvin, Morroni, Thrasher, Lynn, B. Saunders, Carlton, Wise,
Maygarden, Brooks, Fuller, Ziebarth, Sembler, Wasserman Schultz,
Stafford, Spivey, Fasano, Hill, R. Wallace, Heyman, Crady, Clemons,
Morse, Valdes, Garcia, Sanderson, Gay, Culp, Trovillion, Crow, Ogles,
Stabins, Brennan, Johnson, Littlefield, Andrews, Safley, Albright,
Futch, Warner, Frankel, Greene, Jacobs, Klein, D. Prewitt, Chestnut,
Burroughs, Constantine, Merchant, Laurent, King, Jones, Goode,
Sindler, Martinez, Dennis, Eggelletion, Dawson-White, Tobin,
Villalobos, Flanagan, Crist, Meek, Betancourt, D. Saunders, Edwards,
Graber, Logan, Davis, Bullard, Miller, Cosgrove, Roberts-Burke,
Lacasa, Barreiro, Boyd, Turnbull, Brown, Minton, Bush, Bradley,
Peaden, Horan, Smith, Ascherl, Mackenzie, Lawson, Reddick,
Trammell, Hafner, Arnold, K. Pruitt, Ritchie, P. R. Wallace, Webster,
Bainter, Feren, Sublette, Geller, and Arnall-

HB 5-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; providing restrictions on who may receive
such refunds; providing for the payment of certain refunds into the
Crimes Compensation Trust Fund; providing for notice to appropriate
state agencies of persons eligible for a refund; directing such agencies to
notify the Comptroller of claimants who owe certain debts; directing the
Comptroller to withhold refunds due such claimants and transmit such
amounts to the appropriate agency; 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 7-SF-Withdrawn
HB 9-Withdrawn
HB 11-Withdrawn

By Representative Geller-

HB 13-A bill to be entitled An act relating to guardians; creating s.
744.1085, F.S.; providing for the regulation of professional guardians;
providing a definition; providing for a bond; providing educational
requirements; providing for random fiscal field audits; increasing
financial return audit fees to defray the costs of conducting random fiscal
field audits; amending s. 624.606, F.S.; redefining the term "surety
insurance"; authorizing issuance of a blanket fiduciary bond; amending
s. 744.3135, F.S.; requiring criminal history and credit check; amending
s. 744.3145, F.S.; excluding professional guardians from certain
educational requirements; 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.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representatives Laurent and Lynn-

HB 15-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 Representative Edwards-

HB 17-A bill to be entitled An act relating to public assistance;
providing legislative findings and intent; providing benefit and time
limitations for the aid-to-families-with-dependent-children (AFDC)
program; requiring the Department of Health and Rehabilitative
Services to request necessary federal waivers; repealing ss. 409.921,
409.922, 409.923, 409.924,409.925,409.926,409.927,409.928,409.929,
409.930, 409.931,409.932, 409.933, 409.934, 409.935, 409.936, 409.937,
409.938, 409.939, 409.940, and 409.941, F.S., relating to the "Family
Transition Act"; directing the department to develop a family transition
program; providing effective dates.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.
By Representatives Brennan and Heyman-

HB 19-A bill to be entitled An act relating to health insurance;
providing a short title; providing application; amending s. 627.668, F.S.;
providing that the current requirement for group insurers to offer
coverage for mental health conditions does not apply to serious mental
illness; creating s. 627.6681, F.S.; requiring group health insurers and
health maintenance organizations to provide coverage for serious
mental illness; requiring benefits to be the same as for physical illness
generally; requiring the health benefit plan committee to consider and
recommend modifications to standard, basic, and limited health benefit
plans; providing definitions; providing an appropriation; providing a
description of state interest; 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 Laurent-

HB 21-A bill to be entitled An act relating to uniform interstate
family support; providing a short title; creating a new chapter 88, F.S.;
providing definitions, procedures, and guidelines relating to uniform
interstate family support hearings and jurisdiction, costs and fees,
support orders, determination of parentage, and interstate rendition;
repealing current chapter 88, F.S., relating to uniform reciprocal
enforcement of support of dependents; 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 Morse-

HB 23-A bill to be entitled An act relating to criminal prosecutions;
amending s. 775.15, F.S.; providing that the prosecution for a felony that
resulted in a death may be commenced at any time; providing an
effective date.

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

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

HB 25-Withdrawn

By Representatives Roberts-Burke and Meek-

HB 27-A bill to be entitled An act relating to road designations;
designating a portion of State Road 112 in Dade County as the Dewey
Knight, Jr., Memorial Highway; providing an effective date.

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

HB 29-Withdrawn

By Representatives Posey, Sembler, Crady, Fuller, Trovillion,
Bainter, Wise, R. Wallace, Melvin, and Brooks-

HB 31-A bill to be entitled An act relating to environmental
protection; permitting the possession, use, manufacture, purchase,
installation, transportation, or sale of chlorofluorocarbons in the state;
providing an effective date.

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

By Representatives Carlton, Sanderson, Melvin, Thrasher, Fasano,
Smith, Lacasa, Andrews, Brown, Bainter, Brooks, Posey, Morse, Wise,
Flanagan, Culp, Ball, Ogles, Merchant, Arnall, Livingston, Mackey,
Lynn, Futch, B. Saunders, Albright, Greene, Peaden, Safley, and
Constantine-

HB 33-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 Representatives Arnall, Jacobs, and Lynn-

HB 35-A bill to be entitled An act relating to human
immunodeficiency virus; amending s. 381.004, F.S.; requiring county
public health units to maintain and disseminate a list of anonymous
testing sites; amending s. 384.25, F.S.; revising requirements for
physician and laboratory reporting of human immunodeficiency virus
(HIV) infection and acquired immune deficiency syndrome (AIDS);
amending s. 384.31, F.S.; requiring certain offering of HIV testing to
pregnant women; providing for the patient's objection; providing for
records; limiting liability of the attending practitioner for birth of an
HIV-infected child to a patient 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 Edwards, Constantine, Thrasher, Tedder,
Flanagan, Ritchie, K. Pruitt, Brown, Mackenzie, Heyman, Morroni,
Culp, Maygarden, Tobin, Ascherl, Lacasa, Cosgrove, Davis, Melvin,
Goode, Stabins, Laurent, Geller, Bainter, Posey, Kelly, Hafner, Stafford,
Smith, D. Saunders, Wise, Valdes, B. Saunders, Arnold, Ogles, Boyd,
Spivey, Sindler, Crady, Lynn, Warner, Rodriguez-Chomat, Ball, Fasano,
D. Prewitt, Livingston, Mackey, Bronson, Sanderson, Burroughs,
Jacobs, Arnall, Sembler, Morse, Andrews, Safley, Harris, Chestnut,
Starks, King, Klein, Greene, Turnbull, and Lippman-

HB 37-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; creating s. 92.351,
F.S; prohibiting prisoners from submitting nondocumentary physical
evidence without court authorization; providing guidelines for
inspection and forwarding by corrections or detention facilities of certain

14

March 5, 1996

JOURNAL OF THE HOUSE

packages mailed to courts by 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).
Referred to the Committee(s) on Judiciary, Finance & Taxation, and
Appropriations.
By Representatives Thrasher, Arnall, Martinez, Lynn, Healey, Smith,
Miller, Safley, Crady, Arnold, Livingston, Goode, Morroni, Bainter,
Posey, Wise, Mackey, Wasserman Schultz, Frankel, Turnbull, Dennis,
Roberts-Burke, Lacasa, Rodriguez-Chomat, Sublette, Brooks, Culp,
King, Sanderson, Jacobs, Feren, Melvin, D. Saunders, Maygarden,
Albright, Upchurch, Futch, Warner, Andrews, Morse, Harris,
Mackenzie, Ziebarth, and Greene-

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 and Constantine-

HB 41-A bill to be entitled An act relating to health care; 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;
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 Lacasa and Healey-

HB 43-A bill to be entitled An act relating to statutes of limitations;
amending s. 95.051, F.S.; providing for the tolling of the statute of
limitations and statute of repose with respect to claims of medical
malpractice by certain minors; providing an effective date.

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

HB 45-Withdrawn

By Representatives Gay, Heyman, and D. Prewitt-

HB 47-A bill to be entitled An act relating to jurors; creating s.
40.272, F.S.; providing for confidentiality of certain identifying
information relative to jurors in a criminal trial; providing a short title;
providing an exemption from the applicable public records law;
providing for disclosure under certain conditions; providing a penalty;
providing a statement of public necessity; providing an effective date.

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

By Representatives K. Pruitt, Kelly, Graber, Lippman, and King-

HB 49-A bill to be entitled An act relating to controlled substance
schedules; amending s. 893.03, F.S.; excepting levo-alphacetylmethadol
from classification under Schedule I and reclassifying it under Schedule
II; providing an effective date.

March 5, 1996

OF REPRESENTATIVES 15

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

By Representative Constantine-

HB 51--A bill to be entitled An act relating to the "Florida Residential
Landlord and Tenant Act"; amending s. 83.56, F.S.; providing for hand
delivery or delivery by certified mail of notice to the landlord with
respect to noncompliance with the rental agreement; amending s. 83.59,
F.S.; providing that a presumption that the tenant has abandoned the
premises shall not apply if the tenant has notified his landlord by
certified mail of an intended absence; amending s. 83.62, F.S.; providing
that at the time the sheriff executes a writ of possession or any time
thereafter the landlord may remove personal property found on the
premises; amending s. 83.67, F.S.; defining the term "utility service";
limiting liability for the landlord with respect to certain items mentioned
in the rental agreement; providing an effective date.

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

Referred to the Committee(s) on Judiciary.

By Representative Spivey-

HB 53-Abill to be entitled An act relating to hazardous waste facility
siting; repealing ss. 403.78, 403.781, 403.782, 403.783, 403.784,
403.7841, 403.7842, 403.785, 403.786, 403.787, 403.7871, 403.7872,
403.7873, 403.788, 403.7881, 403.789, 403.7891, 403.7892, and
403.7893, F.S., relating to the Statewide Multipurpose Hazardous
Waste Facility Siting Act; amending s. 403.706, F.S., to conform;
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 Crow, Constantine, Andrews, Morse, Bainter,
Posey, Flanagan, Heyman, Fasano, Sublette, Smith, Healey, Merchant,
and Starks-

HB 55-A bill to be entitled An act relating to civil actions; amending
s. 768.075, F.S.; providing immunity from liability for injury to criminal
offenders; providing for a standard for the use of excessive force;
providing for a stay of certain civil actions; providing for attorney's fees
and costs; amending ss. 776.012 and 776.031, F.S.; conforming to the act
to permit the use of reasonable force in the defense of person or in the
defense of others; repealing s. 776.085, F.S., relating to a defense to a
civil action for damages when a party is convicted of a forcible or
attempted forcible felony; providing a contingent effective date.

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

By Representatives Crow, Constantine, Andrews, Morse, Bainter,
Posey, Flanagan, Heyman, Fasano, Sublette, Smith, Healey, Merchant,
and Starks-

HJR 57-A joint resolution proposing an amendment to Section 21 of
Article I of the State Constitution relating to access to the courts.

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

By Representatives Ascherl and Lynn-

HB 59-A bill to be entitled An act relating to bridge designations;
designating the bridge that will replace North Bridge in New Smyrna
Beach as "George Musson Memorial 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 Rules &
Calendar.

16

JOURNAL OF THE HOUSI

By Representative Feren-

HB 61-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 when manslaughter or the death of
any person occurs as a result of such operation; providing exceptions;
amending s. 322.271, F.S.; providing for the reinstatement of a driver
license or driving privilege under certain circumstances; amending s.
322.28, 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 Criminal Justice.

By Representative Garcia-

HB 63-A bill to be entitled An act relating to the Special Risk Class
of the Florida Retirement System; creating s. 121.1015, F.S.; directing
the Division of Retirement to establish a Deferred Retirement Option
Plan for the Special Risk Class of the Florida Retirement System;
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; amending s. 121.091,
F.S.; revising the disability retirement benefit for certain Special Risk
Class members; revising provisions with respect to the early retirement
benefit for the Special Risk Class; 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 Kelly-

HB 65-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; 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 Bainter, Fasano, and Ball-

HB 67-A bill to be entitled An act relating to executions; amending
and renumbering 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; providing for certain notification; 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; providing for certain notification; amending s. 922.11, F.S.;
requiring the appropriate medical examiner to perform an autopsy
following an execution; amending s. 922.12, F.S.; providing that the
warrant shall be returned to the Secretary of State rather than the
Governor following execution; amending s. 922.15, F.S.; providing that
the warrant shall be returned to the Secretary of State rather than the
Supreme Court following execution; 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 Villalobos, Morse, Horan, Littlefield, Arnall,
Barreiro, Garcia, Goode, Kelly, Dawson-White, Thrasher, Fuller, Futch,
Wise, Casey, Valdes, Rodriguez-Chomat, Ziebarth, Ball, Lacasa, and
Fasano-

HJR 69-A joint resolution proposing an amendment to Section 6,
Article VII of the State Constitution relating to an additional homestead
tax exemption.

E OF REPRESENTATIVES March 5, 1996

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

By Representative Ziebarth-

HB 71-A bill to be entitled An act relating to water resources;
creating s. 373.4141, F.S.; providing procedures and timeframes for
approval of certain permits; 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 Crow-

HB 73-A bill to be entitled An act relating to public assistance
payments; amending s. 409.345, F.S.; revising provisions relating to
discharge of debt; 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 Kelly, Harris, Bronson, and Starks-

HB 75-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.08, F.S.; extending the partial
exemption for self-propelled or power-drawn farm equipment to such
equipment used in producing food, and including power-driven farm
equipment within such exemption; defining "power-driven equipment";
providing an effective date.

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

By Representatives Sublette, Fasano, Constantine, B. Saunders,
Posey, Reddick, Starks, and Sindler-
HB 77-A bill to be entitled An act relating to crimes and crime
prevention; authorizing a county to adopt an ordinance imposing
additional fines upon criminal offenders; authorizing the court to order
defendants to pay the fines under certain circumstances; providing for
collecting and accounting for the fines by the clerk of the court; providing
for the county to expend the fines to cover the costs of collecting the fines
and for crime-prevention purposes; 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 Jacobs, Morroni, Merchant, Andrews, Casey,
Greene, Tobin, and B. Saunders-

HB 79-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).
Referred to the Committee(s) on Education and Appropriations.

By Representative Crow-

HB 81-A bill to be entitled An act relating to motor vehicle liability
insurance; amending s. 324.072, F.S.; requiring increased minimum
limits of bodily injury coverage after DUI convictions; providing a
penalty; providing an effective date.

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

JOURNAL OF THE HOUSE

By Representative Wise-

HB 83-A bill to be entitled An act relating to taxation; repealing s.
403.7215, F.S., which imposes a tax on the gross receipts of commercial
hazardous waste facilities; 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 Goode-

HB 85-A bill to be entitled An act relating to health care; 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; creating s. 627.6045, F.S.; providing certain limitations for
a preexisting-condition provision included in a health insurance policy;
creating s. 627.6425, F.S.; providing for renewability of individual
coverage; amending s. 641.19, F.S., relating to the Health Maintenance
Organization Act; defining the term "emergency services and care" for
purposes of the act; amending s. 641.47, F.S.; defining the terms
"emergency medical condition" and "emergency services and care" for
purposes of part III of ch. 641, F.S.; amending s. 641.315, F.S.;
prescribing additional conditions that must be included in health
maintenance organization provider contracts; amending s. 641.3903,
F.S.; proscribing additional unfair practices by health maintenance
organizations with respect to misrepresentations made to prospective
enrollees; creating s. 627.6141, F.S.; prescribing an appeals process upon
denial of a claim under certain health plans; requiring health
maintenance organizations, prepaid dental plans, and exclusive
provider organizations to provide certain information to prospective
enrollees; creating s. 641.513, F.S.; prescribing requirements with
respect to emergency services and care; requiring that a managed-care
plan provide an enrollee and provider grievance procedure; providing
requirements for the grievance procedure; requiring that complaints be
resolved within a specified time; providing notice requirements with
respect to the resolution of a grievance; transferring, renumbering, and
amending s. 408.7056, F.S.; establishing the Statewide Subscriber and
Provider Assistance Program for persons who have unresolved
grievances with an accountable health partnership, health maintenance
organization, or prepaid health clinic; providing for review panels;
requiring reports concerning unresolved grievances; requiring the
Agency for Health Care Administration to establish a data base of
complaint and grievance information; providing for administrative fines
for failure of entities to comply with standards of service; creating the
"Florida Health Care Community Antitrust Act"; providing that
members of the health care community may seek a statement from the
Attorney General's Office that it will take no antitrust action with
respect to proposed business activities; repealing s. 455.2555, F.S.,
which imposes fees on providers of designated health services for
services provided to recipients who are ineligible for specified benefits
under certain provisions of the Social Security Act; providing for
retroactive operation of such repeal; amending s. 400.487, F.S.;
providing for evaluation of home health patients by a podiatrist;
providing for construction of laws enacted at the 1995 Regular Session
in relation to this act; providing effective dates.

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

Referred to the Committee(s) on Judiciary, Appropriations, and Rules
& Calendar.

By Representatives Feren, Wise, Tobin, Morroni, Constantine, Kelly,
Mackey, Merchant, Posey, Spivey, and Warner-

HB 87-A bill to be entitled An act relating to tobacco products;
redesignating chapter 569, F.S., as "Tobacco Products"; amending and
renumbering s. 859.06, F.S.; clarifying language; creating s. 569.11, F.S.;
providing that it is unlawful for a person to possess, purchase, or
misrepresent age to purchase tobacco products; providing that such
offenses are noncriminal violations; providing for imposition of fines;
providing for issuance of civil citations; providing for a hearing;

March 5, 1996

OF REPRESENTATIVES 17

providing for enforcement; providing for disposition of fines; amending
and renumbering s. 859.061, F.S., relating to posting of signs, to conform
and clarify language; amending ss. 569.002, 569.003, 569.004, 569.006,
569.008, and 569.009, F.S., relating to definitions, retail tobacco
products dealer permits, consent to inspection, retail tobacco products
dealers, responsible retail tobacco products dealers, and rulemaking
authority, to conform; amending s. 569.007, F.S.; providing an additional
exemption from the prohibition against sale or delivery of tobacco
products through vending machines; amending s. 322.056, F.S.;
providing for the mandatory revocation or suspension of, or delay of
eligibility for, driver's licenses for persons under 18 who commit
noncriminal tobacco violations; 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 Bloom, Feren, Garcia, Heyman, Tobin,
Wasserman Schultz, Rayson, Stafford, Horan, Villalobos, Rojas, Valdes,
Jacobs, Albright, Sindler, Casey, Fuller, Bush, Jones, D. Prewitt,
Healey, Cosgrove, Spivey, Futch, Hill, Greene, Wise, Sembler, Crist,
Bitner, and Brooks-

HB 89-A bill to be entitled An act relating to public employee
benefits; amending s. 185.18, F.S.; requiring certain disability benefits
to be applicable to municipalities having their own pension plans for
police officers; amending s. 175.191, F.S.; requiring certain disability
benefits to be applicable to municipalities having their own pension
plans for firefighters; amending s. 185.34, F.S.; clarifying provisions
with respect to disability in line of duty with reference to municipalities
having their own pension plans for police officers; amending s. 175.231,
F.S.; clarifying provisions with respect to disability in line of duty with
reference to municipalities having their own pension plans for
firefighters; amending s. 112.19, F.S.; requiring employers of law
enforcement, correctional, or correctional probation officers who are
disabled in the line of duty, under certain circumstances, to pay health
insurance coverage for the officer, the officer's spouse, and dependent
children for certain time periods; amending s. 112.191, F.S.; requiring
employers of firefighters who are disabled in the line of duty, under
certain circumstances, to pay health insurance coverage for the
firefighter, the firefighter's spouse, and dependent children for certain
time periods; 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 Starks, Sanderson, Ball, Boyd, Maygarden, and
Lynn-

HB 91-A bill to be entitled An act relating to economic development
tax exemptions; amending s. 166.231, F.S.; authorizing municipalities
to exempt electricity used in manufacturing tangible personal property
for sale from the municipal public service tax, or reduce the rate of the
tax thereon; amending s. 212.08, F.S.; providing an exemption from the
sales tax 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 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 Carlton-

HB 93-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.

18 JOURNAL OF THE HOUSE

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

By Representative Flanagan-

HB 95-A bill to be entitled An act relating to the Department of
Corrections; creating s. 944.111, F.S., the "Prison Safety Act of 1996";
providing a short title; requiring the department to adopt rules
prohibiting access to weight training equipment by prisoners within
state correctional institutions; providing a medical exemption for certain
prisoners for whom weight training has been prescribed; providing for
donation and removal from the correctional system of weight training
equipment under specified circumstances; 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 Stabins-

HB 97-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 Representatives Rodriguez-Chomat, Healey, Livingston, Bainter,
Morse, and Arall-

HB 99-A bill to be entitled An act relating to criminal penalties;
amending s. 409.920, F.S., relating to Medicaid provider fraud or abuse;
requiring that a person convicted of committing a third degree felony
prohibited under that section must serve a term of imprisonment of no
less than 3 years before becoming eligible for parole; 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 Upchurch-

HB 101-A bill to be entitled An act relating to constitutional
amendments proposed by initiative; amending s. 99.097, F.S.; clarifying
petition requirements with respect to addresses; amending s. 100.371,
F.S.; revising provisions relating to initiative amendments; requiring
each initiative amendment to be on a petition form separate from any
other such amendment; requiring the sponsor of a proposed initiative
amendment to give the Division of Elections notice of the use of paid
petition circulators; prohibiting the sponsor of a proposed initiative
amendment 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.; clarifying a prohibition against signing a petition more than once;
prohibiting the signing of another person's name or a fictitious name on
any petition for a candidate, a minor political party, or an issue;
providing penalties; creating s. 106.045, F.S.; providing for registration
of paid petition circulators; providing for fees and their disposition;
requiring a circulator's registration number to be marked on petitions
submitted by that circulator; prohibiting a person from circulating
initiative petition forms for pay or other compensation without being
registered; prohibiting a political committee sponsoring an initiative
amendment from paying or otherwise compensating an unregistered
circulator and from submitting petition forms by a paid circulator
without the circulator's registration number thereon; providing
penalties; providing applicability to petitions already initiated;
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.

I]

E OF REPRESENTATIVES March 5, 1996

By Representatives Flanagan and Healey-

HB 103-A bill to be entitled An act relating to coverage for maternity
benefits; amending ss. 627.6406, 627.6574, and 641.31, F.S.; providing
options and alternative requirements for postpartum care under health
insurance policies or health maintenance contracts providing maternity
coverage; providing an effective date.

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

HB 105-Withdrawn

By Representatives Rayson, Betancourt, Rodriguez-Chomat, Kelly,
Spivey, Fasano, Tobin, Lynn, Morroni, and B. Saunders-

HB 107-A bill to be entitled An act relating to the state lottery;
creating the "Lottery Accountability Act of 1996"; amending s. 24.105,
F.S., relating to duties of the Department of the Lottery; requiring
monthly publication of certain information; creating a study commission
to examine the benefits and disadvantages of the state lottery; requiring
a report; providing for the return to educational enhancement of lottery
funds that have replaced general revenue funds for public education;
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 Ziebarth, Bradley, Brooks, Jones, and Thrasher-

HB 109-A bill to be entitled An act relating to medical malpractice
insurance contracts; amending s. 627.4147, F.S.; revising certain clause
requirements relating to rights of insurers or self-insurers to veto
certain offers; prohibiting insurers or self-insurers from making or
concluding certain offers; providing for written statements from
insureds for certain purposes; 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 Bainter-

HB 1ll-A bill to be entitled An act relating to insurance; amending
ss. 624.425, 624.428, 624.478, and 626.112, F.S.; requiring agents to be
appointed; amending s. 624.426, F.S.; exempting United States Customs
surety bonds from the resident agent and countersignature law;
amending s. 624.501, F.S.; clarifying application of fees for title
insurance agents; amending s. 626.051, F.S.; revising a definition;
amending s. 626.062, F.S.; correcting a cross reference; amending ss.
626.141, 626.171,626.181, 626.211, 626.221, 626.266, 626.281,626.311,
626.511,626.521, 626.561, 626.601, 626.611, 626.621, 626.641, 626.651,
626.727, 626.730, 626.732, 626.733, and 626.877, F.S.; including
customer representatives within and deleting claims investigators from
application of certain provisions; excluding solicitors; authorizing the
department to secure a credit and character report on certain persons;
authorizing the department to recover certain investigation and
prosecution costs under certain circumstances; providing limits;
providing requirements of the department; amending s. 626.201, F.S.;
providing for interrogatories before reinstatement; amending s.
626.2815, F.S.; providing for certain nonresident agents to comply with
certain continuing education requirements under certain circumstances;
amending s. 626.321, F.S.; authorizing persons who hold a limited
license for credit insurance to hold certain additional licenses; amending
s. 626.331, F.S.; requiring licensure of certain agents for certain
appointments; providing that an appointment fee is not refundable;
amending s. 626.342, F.S.; prohibiting furnishing supplies to certain
agents; amending s. 626.541, F.S.; specifying names and addresses
required of certain personnel of corporations; amending s. 626.592, F.S.;
revising provisions relating to designation of primary agents; amending
s. 626.681, F.S.; providing for administrative fines in addition to certain
actions; increasing such fines; applying administrative fine provisions to
certain approved persons; amending s. 626.691, F.S.; authorizing the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

department to place certain persons on probation in addition to
suspending, revoking, or refusing to renew a license or appointment;
creating s. 626.692, F.S.; providing for restitution under certain
circumstances; amending s. 626.729, F.S.; including certain types of
insurance within the definition of industrial fire insurance; amending s.
626.7351, F.S.; specifying additional qualifications for a customer
representative's license; amending s. 626.739, F.S.; specifying a
temporary license as general lines insurance agent; amending s.
626.741, F.S.; authorizing the department to issue a customer
representative license to certain persons; providing a limitation;
providing procedures for agent licensure of certain persons under
certain circumstances; providing for cancellation of a nonresident
agent's license; amending ss. 626.792 and 626.835, F.S.; providing
procedures for issuing a resident agent's license to certain persons;
amending s. 626.837, F.S.; clarifying conditions of placing certain excess
or rejected risks; amending s. 626.8411, F.S.; correcting a cross
reference; amending s. 626.8418, F.S.; increasing the amount of the
deposit or bond of a title insurance agency; specifying that the bond of
a title insurance agency must be posted with the department and must
inure to the benefit of damaged insurers and insureds; amending ss.
626.8437 and 626.844, F.S.; clarifying application of grounds for refusal,
suspension, or revocation of license or appointment; amending s.
626.8443, F.S.; providing additional limitations on activities during
suspension or after revocation of a license; amending s. 626.852, F.S.;
providing for applicability; amending s. 626.869, F.S.; requiring certain
continuing education courses; clarifying requirements of such courses;
amending s. 626.872, F.S.; prohibiting the department from issuing a
temporary adjuster's license to certain persons; amending s. 626.873,
F.S.; providing procedures for licensing certain persons as resident
adjusters; providing for cancellation of nonresident adjuster's license;
amending ss. 626.927, 626.9271, 626.929, 626.935, and 626.944, F.S.;
requiring appointment in addition to licensure of certain persons;
amending s. 627.745, F.S.; clarifying a provision related to final
examination; revising administration and cost of the auto mediation
program; amending s. 634.011, F.S.; revising a definition; amending ss.
634.171 and 634.420, F.S.; clarifying application of accountability
provisions; amending s. 634.317, F.S.; providing for responsibility and
accountability of sales representatives; repealing s. 626.112(6), F.S.,
relating to licensing of claims investigators; repealing s. 626.532, F.S.,
relating to insurance vending machine licenses; repealing s. 626.857,
F.S., relating to the definition of "claims investigator"; 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.

HB 113-Withdrawn

By Representatives Brooks, Burroughs, Maygarden, Johnson, Wise,
Fuller, R. Wallace, Fasano, Trovillion, Ball, Sindler, D. Saunders,
Livingston, Arnall, Sanderson, Melvin, Starks, Bronson, Constantine,
and Kelly-

HB 115-A bill to be entitled An act relating to informed consent;
creating s. 390.003, F.S.; creating the "Woman's Right-To-Know Act";
requiring the voluntary and informed consent of a woman upon whom
a termination of pregnancy is to be performed or induced; providing
requirements of informed consent; providing that a physician who is to
perform the procedure, or the physician's designee, provide certain
information by a prescribed deadline; requiring written certification
that the pregnant woman has been provided with certain information;
providing requirements relating to an emergency procedure; providing
penalties; limiting the civil liability of a physician who complies with
this section; providing an effective date.

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

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

HB 117-Withdrawn

By Representatives Rayson and Jacobs-

HB 119-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, and funding of the committee; providing for reports;
creating s. 641.65, F.S.; creating district managed care ombudsman
committees; providing for membership, powers, and duties 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.

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

By Representatives Logan, Reddick, Bradley, Livingston,
Constantine, and Feren-

HJR 121-A joint resolution Proposing an amendment to Section 2 of
Article XI of the State Constitution relating to the Constitution Revision
Commission.

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

By Representatives Wasserman Schultz and Brooks-

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 Representatives Mackey, Fasano, Thrasher, D. Saunders, Morroni,
Trovillion, Morse, Roberts-Burke, Melvin, Lacasa, Futch, Peaden,
Bainter, Smith, Livingston, Burroughs, Wise, Maygarden, Ziebarth,
Constantine, Flanagan, Sanderson, Crady, Culp, Safley, Healey,
Greene, Rodriguez-Chomat, Kelly, Ball, and Arnall-

HB 125-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 Representative Laurent-

HB 127-A bill to be entitled An act relating to the animal industry;
repealing ss. 585.24 and 585.30, F.S., relating to cattle fever tick
eradication; providing an effective date.

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

By Representative Gay-

HB 129-A bill to be entitled An act relating to crimes against jurors;
amending s. 918.12, F.S., relating to tampering with jurors; describing
and providing penalties for the criminal offense of willful and malicious
harassment of a grand juror or petit juror; describing and providing
penalties for the criminal offense of willfully and maliciously harassing
a grand juror or petit juror and making a credible threat with intent to

March 5, 1996

19

20 JOURNAL OF THE HOUSE

place the juror in reasonable fear of death or bodily injury; reenacting
ss. 772.102(1)(a) and 895.02(1)(a), F.S., relating to the definition of
"criminal activity" with respect to civil remedies for criminal practices
and the definition of "racketeering activity" with respect to racketeering
and illegal debt offenses, respectively, 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 Valdes and Thrasher-

HB 131-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 and Appropriations.

By Representatives D. Prewitt, Casey, and Heyman-

HB 133-A bill to be entitled An act relating to Medicaid; amending
s. 409.901, F.S.; conforming definitions to the transfer of responsibilities
from the Department of Health and Rehabilitative Services to the
Agency for Health Care Administration; providing additional
definitions; amending s. 409.907, F.S.; permitting onsite inspection of
the provider's service location; authorizing the the agency to approve or
deny Medicaid applications; providing grounds for denial; conforming
references to transfer of authority to the agency; amending s. 409.913,
F.S.; providing definitions; conforming references to transfer of
authority to the agency; revising and expanding provisions relating to
recovery of overpayments and imposition of sanctions; requiring an
interagency agreement with the Department of Legal Affairs; providing
that certain peer review findings are admissible as evidence; providing
requirements for notice to providers; requiring certain documentation of
medical necessity of goods and services; providing recordkeeping
requirements; authorizing agency investigation of records; restricting
payments to billing agents or claims agents; authorizing temporary
withholding of provider payments to recover improper payments;
providing notice; providing for petition requesting inspection of agency
information regarding a withholding; providing for a final order;
authorizing suspension or termination of providers, and civil remedies
and other administrative sanctions against providers and other persons,
under specified circumstances; increasing an administrative fine;
deleting a maximum cumulative fine; providing an additional fine for
provision of certain false information; providing administrative
remedies for suspension; requiring review of sanctioned providers;
permitting introduction of statistical evidence; providing for recovery of
the agency's legal costs; providing for interest on overpayments owed to
the agency; providing the state's right of payment from judgments or
settlements; providing for sanctions against a recipient who has abused
the Medicaid program; 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 Geller-

HB 135-A bill to be entitled An act relating to motor vehicle
insurance; amending s. 627.743, F.S.; providing for joint payment of
certain automobile damage claims under certain circumstances;
providing a limitation; providing an effective date.

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

HB 137-Withdrawn

By Representatives Lippman and Jones-

HB 139-A bill to be entitled An act relating to podiatry; amending
s. 461.012, F.S.; prohibiting the advertising of podiatric services by any

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E OF REPRESENTATIVES March 5, 1996

individual not licensed as a podiatrist under ch. 461, F.S.; providing a
penalty; creating s. 461.018, F.S.; providing for limited scope of practice
of podiatric medicine within a specified area of need; amending s.
400.487, F.S.; authorizing podiatrists to evaluate home health services
under certain circumstances; providing an effective date.

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

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

By Representatives Lippman, Littlefield, Jones, King, Tobin,
Thrasher, Kelly, Graber, Logan, Goode, D. Prewitt, Rojas, Dawson-
White, Ogles, Bloom, Peaden, Albright, Casey, Wise, Miller, Bainter,
Upchurch, Klein, and Heyman-

HB 141-A bill to be entitled An act relating to physicians; amending
s. 459.011, F.S., relating to the privileges and obligations of osteopathic
physicians; declaring it state policy that physicians licensed under ch.
458, F.S., and osteopathic physicians licensed under ch. 459, F.S., be
accorded equal professional status and privileges and providing
requirements with respect thereto; prohibiting certain health-related
entities from discriminating against a licensee on the basis of licensure
under ch. 458, F.S., or ch. 459, F.S.; providing an effective date.

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

HB 143-Withdrawn

HB 145-Withdrawn

By Representative Eggelletion-

HB 147-A bill to be entitled An act relating to intangible personal
property tax; amending s. 199.185, F.S.; exempting property held for the
purpose of funding payments under a retirement plan of corporations
meeting specified criteria from payment of intangible property taxes;
amending ss. 199.052, 213.053, and 213.054, F.S.; correcting references;
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 Peeples-

HB 149-A bill to be entitled An act relating to educational facilities;
creating ss. 235.701, 235.702, and 235.703, F.S.; creating the "Public
Educational Facilities Cost Accountability Act"; requiring boards to
submit information comparing project costs to cost standards for facility
construction; requiring the Department of Education to determine
average costs for school construction based on region and grade level;
requiring presentation at a public meeting of certain excess costs;
requiring reports to the Legislature; providing for life-cycle cost
standards; 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 Edwards, D. Saunders, D. Prewitt, Arnold,
Bronson, Sanderson, Livingston, Stafford, Culp, Kelly, Casey, Heyman,
Hafner, Lippman, Wasserman Schultz, Trovillion, B. Saunders, Posey,
Rayson, Chestnut, Goode, Rodriguez-Chomat, Brown, Flanagan,
Constantine, Wise, Greene, Warner, Thrasher, Andrews, Melvin, Lynn,
and Peaden-

HB 151-A bill to be entitled An act relating to copyrights; creating
s. 501.93, F.S., relating to copyright owners and performing rights
societies; prohibiting a performing rights society from contracting with
the proprietor of a business for the payment of royalties unless certain
conditions and requirements are met; providing definitions; prohibiting

JOURNAL OF THE HOUSI

certain actions by a performing rights society; specifying requirements
for contracts for payment of royalties; requiring a performing rights
society to provide a verification service; providing civil remedies and
penalties; providing for application; providing an effective date.

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

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

By Representative K. Pruitt-

HB 153-A bill to be entitled An act relating to biomedical waste;
amending s. 381.0098, F.S.; providing for the Department of Health and
Rehabilitative Services to regulate mobile onsite treatment units;
providing that the Department of Health and Rehabilitative Services
establish treatment efficiency standards for biomedical waste and the
Department of Environmental Protection to establish standards relating
to environmental impacts; requiring mobile treatment units to obtain a
permit; 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 Meek, Turnbull, Casey, and Brown-

HB 155-A bill to be entitled An act relating to emergency
management; creating part III of chapter 252, F.S.; creating the
"Southern Regional Emergency Management Assistance Compact";
providing for legislative purpose and authorities; providing for general
implementation; providing for party state responsibilities; providing
limitations; providing requirements with respect to licenses and
permits; providing for liability; providing for compensation; providing
for reimbursement; providing for evacuation; providing for
implementation; providing for validity and application; 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 157-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 Fireworks Display,
1995 Edition; directing the Division of State Fire Marshal to make
appropriate rules; 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 159-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 Fuller and Lynn-

HB 161-A bill to be entitled An act relating to the estimated sales
tax payments; amending s. 212.11, F.S.; removing obsolete provisions
relating to estimated sales tax liability; providing for phasing out of
estimated sales tax payments; 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.

March 5, 1996

E OF REPRESENTATIVES 21

By Representatives Flanagan, Fasano, Sanderson, and Andrews-

HB 163-A bill to be entitled An act relating to felonies involving
elderly persons or disabled adults; amending s. 782.04, F.S.; providing
that the unlawful killing of a human being while perpetrating or
attempting to perpetrate aggravated abuse or neglect of an elderly
person or disabled adult is a capital felony rather than a second-degree
felony; amending s. 825.102, F.S.; specifying actions that constitute
aggravated abuse or neglect of an elderly person or disabled adult;
amending s. 921.141, F.S.; providing an additional aggravating
circumstance to be considered by the jury and the court in sentencing a
defendant convicted of a capital felony; 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 Chestnut and Heyman-

HB 165-A bill to be entitled An act relating to public records;
providing certain exemptions from public records and public meetings
requirements for university health services support organizations;
providing exemptions for meetings at which certain confidential records
are discussed and for portions of records generated at exempt 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 Governmental Operations and Rules
& Calendar.

By Representative Valdes-

HB 167-A bill to be entitled An act relating to contracts between
sales representatives and principals for wholesale sales contracts;
amending s. 686.201, F.S.; revising the requirements for contracts
between sales representatives who solicit orders on behalf of principals;
providing that such contracts may be oral or written; providing that a
principal may be in-state or out- of-state; defining the term
"termination" for purposes of the section; providing for the due date of
certain commissions; providing for triple damages under certain
circumstances; providing for jurisdiction over out-of-state principals
who enter into contracts subject to the section; prohibiting a waiver of
any provision of the section; 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 Mackenzie-

HB 169-A bill to be entitled An act relating to insurance; amending
s. 324.021, F.S.; revising the definition of "owner/lessor" to provide
alternative minimum limits on certain liability coverage for certain
motor vehicle lease agreements under certain circumstances; amending
s. 626.729, F.S.; revising the definition of "industrial fire insurance" to
include certain additional types of coverage; 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 Rayson-

HB 171-A bill to be entitled An act relating to public records;
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 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, Governmental
Operations, and Rules & Calendar.

22 JOURNAL OF THE HOUSE

By Representatives Andrews, Fasano, Jacobs, Healey, and
Merchant-

HB 173-A bill to be entitled An act relating to offenses resulting in
the death of a human being; amending ss. 316.193, 327.351, F.S.;
providing an enhanced penalty for the offense of DUI manslaughter that
is the result of operating a motor vehicle or vessel if the person knew,
or should have known, that the accident occurred and failed to give
information and render aid; amending s. 775.15, F.S.; providing that the
prosecution for a felony that results in a death may be commenced at any
time; amending ss. 782.071, 782.072, F.S.; providing an enhanced
penalty for vehicular homicide and vessel homicide if the person knew,
or should have known, that the accident occurred and failed to give
information and render aid; amending ss. 782.04, 782.07, F.S., relating
to the offenses of murder and manslaughter; conforming provisions to
changes made by 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 Representative Brooks-

HB 175-A bill to be entitled An act relating to educational facilities;
amending s. 235.02, F.S.; authorizing the use of educational facilities
and grounds for passive or supervised community recreational purposes;
providing boards with immunity from liability for specified uses;
providing exceptions; requiring posting of notice; 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 Representative R. Wallace-

HB 177-A bill to be entitled An act relating to small business
employment incentives; providing for issuing tax credit vouchers;
requiring the Department of Revenue to develop forms and procedures;
limiting the availability of the credit vouchers; 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 Turnbull, Wasserman Schultz, Maygarden,
Miller, Jacobs, D. Prewitt, Brown, Ogles, Smith, D. Saunders, Edwards,
Livingston, Feren, Mackenzie, B. Saunders, Healey, Ziebarth,
Eggelletion, Ascherl, Spivey, Heyman, Fasano, Horan, Culp, Warner,
Dennis, Constantine, Sublette, Boyd, Chestnut, Bloom, Brennan,
Frankel, Roberts-Burke, and Sanderson-

HCR 179-A concurrent resolution relating to creation of the Joint
Commission on Legislative Efficiency and Effectiveness.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations and Rules &
Calendar.

By Representative Turnbull-

HB 181-A bill to be entitled An act relating to state financial
matters; amending s. 18.125, F.S.; authorizing the Treasurer to make an
annual assessment against certain moneys; 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. 215.47, F.S.; authorizing the Board of
Administration to invest certain moneys in group trusts; 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,

I.

E OF REPRESENTATIVES March 5, 1996

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. 159.825(4) and
(5), F.S., relating to the rate of interest at which specified taxable bonds
bear interest; repealing s. 215.84, F.S., relating to the maximum rate of
interest for government bonds; repealing s. 215.845, F.S., relating to
prohibiting special laws which establish interest rates on bonds;
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).
Referred to the Committee(s) on Governmental Operations, Finance
& Taxation, and Appropriations.

By Representative Miller-

HB 183-A bill to be entitled An act relating to public records;
creating s. 315.18, F.S.; providing an exemption from public records
requirements for certain proposals and counterproposals exchanged
between certain deepwater ports and nongovernmental entities for a
specified period; providing an exemption from public records
requirements for certain financial records submitted by such entities to
such ports; 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 Transportation, Governmental
Operations, and Rules & Calendar.

By Representatives Smith, Fasano, Edwards, Casey, Brown, and
Ball-

HB 185-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 a minimum time during a wartime period to qualify
for veterans' preference; providing for rules; amending s. 295.08, F.S.;
revising provisions with respect to positions for which a numerically
based selection process is used; removing a monetary limitation with
respect to certain classes of positions; amending s. 295.085, F.S.;
revising provisions with respect to positions for which a numerically
based selection process is not used; providing for preference for certain
veterans with service-connected disabilities; deleting provisions for
rules; amending s. 295.101, F.S.; revising provisions with respect to the
expiration of employment preference; amending s. 295.11, F.S.; revising
provisions 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
provisions with respect to penalties; providing for attorney's fees and
costs; repealing s. 295.151, F.S., relating to the application of ch. 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 Livingston, Trovillion, Gay, Spivey, Rojas,
B. Saunders, Fasano, Lynn, Posey, Morse, Flanagan, Merchant,
Ziebarth, Lacasa, Albright, Futch, Bloom, and Sublette-

HB 187-A bill to be entitled An act relating to driver licenses;
amending s. 322.03, F.S.; prohibiting the use of Florida-only driver
licenses as proof of Florida residency and as identification for voter
registration purposes; 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.

By Representatives Spivey, Kelly, Hill, Edwards, Brown, Feren,
Jacobs, Heyman, and Turnbull-

HB 189-A bill to be entitled An act relating to abuse, neglect, and
exploitation; amending s. 775.084, F.S.; providing penalties for
aggravated abuse of an elderly person or disabled adult committed by a
habitual violent felony offender or violent career criminal; amending s.
775.087, F.S.; providing penalties for aggravated abuse of an elderly
person or disabled adult involving a weapon; amending s. 775.0877, F.S.;
providing penalties for criminal transmission of HIV involving abuse or
aggravated abuse of an elderly person or disabled adult; amending s.
782.04, F.S.; providing penalties for murder involving aggravated abuse
of an elderly person or disabled adult; amending s. 825.101, F.S.;
revising definitions relating to abuse, neglect, and exploitation of an
elderly person or disabled adult; amending s. 825.102, F.S.; revising
penalties for abuse or neglect of an elderly person or disabled adult;
providing a penalty for aggravated abuse of an elderly person or disabled
adult; providing definitions; amending s. 825.103, F.S.; revising
provisions relating to exploitation of an elderly person or disabled adult;
revising penalties; amending s. 825.105, F.S.; revising provisions
relating to certain good faith assistance to an elderly person or disabled
adult; amending s. 827.01, F.S.; revising definitions relating to child
abuse and neglect; amending s. 827.03, F.S.; increasing the penalty for
aggravated child abuse; amending s. 827.04, F.S.; increasing penalties
for abuse or neglect of a child; providing definitions; amending s.
907.041, F.S.; adding abuse of an elderly person or disabled adult to a
list of dangerous crimes for which pretrial detention may be ordered;
amending s. 921.0012, F.S.; revising and adding offenses to the
sentencing guidelines offense severity ranking chart, to conform to the
act; amending ss. 39.039, 901.15, and 943.051, F.S.; conforming to the
act references relating to misdemeanor child abuse; amending s.
921.187, 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 Criminal Justice and Appropriations.

By Representatives Cosgrove, Merchant, and Reddick-

HB 191-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 Highway Safety and Motor Vehicles;
amending s. 316.008, F.S.; providing counties and municipalities the
authorization to contract with private providers for traffic infraction
detectors; requiring the posting of signs; 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; providing for the disposition of certain fines; 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.

23

By Representatives Chestnut, Heyman, D. Prewitt, Casey, Brennan,
Eggelletion, Wise, Brooks, Mackey, Turnbull, Mackenzie, Roberts-
Burke, Greene, Dennis, Brown, Frankel, Peaden, Jacobs, and Sindler-

HB 193-A bill to be entitled An act relating to osteoporosis
prevention and treatment; creating the "Osteoporosis Prevention and
Treatment Education Act"; providing legislative findings and intent;
directing the Department of Health and Rehabilitative Services to
implement an osteoporosis prevention and treatment education
program; providing strategies for raising public awareness and
educating consumers, physicians, health professionals, and community
service providers; providing for needs assessment; providing for a listing
of services and providers; providing for establishment of an interagency
council on osteoporosis; providing council duties; providing for a report;
providing for establishment of a nongovernmental advisory panel on
osteoporosis; authorizing the department to use certain programs and
enter into certain contracts for materials and services; authorizing the
department to enter into certain agreements with national
organizations; authorizing the department to accept grants, services,
and property to implement the program; directing the department to
seek any federal waivers necessary for federal funding; providing that
implementation of the act is subject to state appropriations; 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 195-Withdrawn

By Representative Tobin-

HB 197-A bill to be entitled An act relating to ambulance service
plans; amending s. 636.007, F.S.; deleting a requirement that certain
ambulance service plans must be prepaid in order for certain political
subdivisions to be exempt from certificate of authority provisions and
insurance code provisions; 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 Harris-

HB 199-A bill to be entitled An act relating to game and fish;
amending s. 253.74, F.S.; providing a penalty for poaching plant or
animal life involved in an aquacultural project; creating s. 372.7015,
F.S.; providing a fine for the illegal taking or killing of game; providing
for the disposition of the fine; creating s. 372.7016, F.S.; providing that
persons who hunt on private or leased land must have identification and
authorization in their possession while hunting; requiring display of
authorization upon request; providing penalties for violations;
amending s. 588.10, F.S.; providing additional requirements for legally
enclosed, fenced, and posted land; providing an effective date.

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

By Representative Albright-

HB 201-A bill to be entitled An act relating to the lead-acid battery
fee; amending ss. 403.717 and 403.7185, F.S.; specifying that the fee
applies to new lead-acid batteries sold at retail; 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 Ball-

HB 203-A bill to be entitled An act relating to cholesterol screening;
repealing part III of chapter 483, F.S., relating to the Cholesterol
Screening Center Licensure Act; providing an effective date.

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF.THE HOUSE OF REPRESENTATIVES

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care, Finance & Taxation,
Appropriations, and Rules & Calendar.
By Representatives Lawson and Heyman-

HB 205-A bill to be entitled An act relating to motor vehicles;
creating the "Used Car Buyer's Protection Act"; providing legislative
intent; providing definitions; providing for duties of dealers; providing
for disclosure; providing for the duties of the Department of Highway
Safety and Motor Vehicles; providing consumer remedies; providing for
bad faith claims; amending s. 319.14, F.S.; including nonconforming
vehicles and certain vehicles which have been repurchased or replaced
by a manufacturer within a group of vehicles which must have certain
information stamped on the certificate of title prior to sale; providing
penalties; amending s. 320.27, F.S.; providing additional grounds for the
denial, suspension, or revocation of a motor vehicle dealer's license;
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 D. Prewitt, Fasano, and Heyman-

HB 207-A bill to be entitled An act relating to capital felonies;
amending s. 921.141, F.S.; revising the aggravating circumstances for
capital felony sentencing; providing an aggravating circumstance when
the capital felony was committed by a person previously convicted of a
felony and under sentence of imprisonment or placed on community
control or on felony probation; providing an aggravating circumstance
for capital felony sentencing when the capital felon has committed or
attempted to commit aggravated abuse of an elderly person or disabled
adult; providing an aggravating circumstance when the victim of the
capital felony was particularly vulnerable due to advanced age or
disability or because the defendant stood in a position of familial or
custodial authority over the victim; 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 Miller-

HB 209-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 and Appropriations.

By Representatives D. Saunders, Arnold, Goode, Fasano, Flanagan,
Smith, Lynn, Futch, Posey, Lacasa, Kelly, Edwards, D. Prewitt, Wise,
Greene, Livingston, Morroni, Casey, Boyd, Constantine, Bainter, Culp,
Morse, Andrews, K. Pruitt, Starks, Jones, Sanderson, Ziebarth, Peaden,
Arnall, Merchant, Melvin, Ogles, Thrasher, Bronson, Bloom, and
Trovillion-

HB 211-A bill to be entitled An act relating to criminal appeals and
collateral review of criminal proceedings; creating the "Criminal Appeal
Reform Act of 1996"; directing the retitling of chapter 924, relating to
appeals, as "Criminal Appeals and Collateral Review"; amending s.
924.05, F.S.; making only direct appeals under chapter 924 a matter of
right; creating s. 924.051, F.S.; providing legislative intent and
definitions; providing guidelines and terms and conditions of appeals
and collateral review in criminal cases; limiting direct appeals to
allegations of prejudicial or fundamental error; requiring appellants to
demonstrate jurisdiction of appellate court before consideration of
merits; prohibiting collateral relief on grounds which were or could have
been raised at trial and, if properly preserved, on direct appeal; placing

a time limitation on filing for collateral relief, with exceptions; placing
burden of demonstrating prejudicial error on party challenging ruling of
trial court; requiring appellate courts to rule on issues in state's cross-
appeals; prohibiting use of public funds, resources, or employees in
appellate or collateral proceedings unless it is constitutionally or
statutorily mandated; amending ss. 924.06, 924.07, F.S.; revising
criteria for appeal of illegal sentence; limiting right to appeal of
defendants who plead guilty or nolo contender; creating s. 924.066,
F.S.; limiting applications for collateral relief and providing that there
is no right to a court-appointed lawyer in noncapital collateral
proceedings; repealing s. 924.33, F.S., relating to limitations on reversal
of modifications of judgment; amending s. 924.37, F.S.; removing a
provision requiring appellate court to decide issues appealed by state;
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 the Committee on Regulated Industries; Representative Geller-

HB 213-A bill to be entitled An act relating to the lottery; amending
ss. 24.103, 24.105, 24.106, 24.108, and 24.123, F.S.; deleting reference
to the State Lottery Commission and providing for a Florida Lottery
Advisory Council; providing for the powers, duties, appointment, and
membership of the council; providing an effective date.

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

Placed on the Calendar without reference.
By Representatives Bradley and Lynn-

HB 215-A bill to be entitled An act relating to corporate income tax;
amending s. 220.03, F.S.; updating references to the Internal Revenue
Code for corporate income tax purposes; providing for retroactive effect;
providing an effective date.

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

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

By Representative Morse-

HB 217-A bill to be entitled An act relating to health insurance;
amending s. 627.419, F.S.; including physician assistants within certain
benefits or services payment provisions; 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 K. Pruitt, Brown, Heyman, Greene, Smith,
Merchant, Futch, Posey, Laurent, and Bainter-

HB 219-A bill to be entitled An act relating to tax on sales, use, and
other transactions; providing that no tax on certain purchases by, and
revenues of, a chamber of commerce not actually paid or collected before
a specified date shall be due from that chamber of 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.
By Representative Sanderson-

HB 221-A bill to be entitled An act relating to the fiscal year;
amending ss. 215.01 and 216.011, F.S.; providing for changing the
beginning of the state fiscal year from July 1 to October 1; providing for
the conforming of statutory provisions; providing for a transition fiscal
period; providing effective dates.

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

24

March 5, 1996

By Representatives Warner and B. Saunders-

HB 223-A bill to be entitled An act relating to health care community
antitrust; creating the "Florida Health Care Community Antitrust
Guidance Act"; providing that members of the health care community
may seek a statement from the Attorney General's office that it will take
no antitrust action with respect to proposed business activities;
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 Ball-

HB 225-A bill to be entitled An act relating to Brevard County;
providing for the relief of Julian S. Mangum, Sr., to compensate him for
the loss of his business inventory taken by the Brevard County Sheriffs
Department; providing for payment by the Brevard County Sheriffs
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.

By Representative Warner-

HB 227-A bill to be entitled An act relating to adoption; amending
s. 63.022, F.S.; revising language with respect to legislative intent;
amending s. 63.032, F.S.; eliminating the term "abandoned"; creating s.
63.037, F.S.; providing for prebirth adoption agreements; amending s.
63.062, F.S.; revising language with respect to persons required to
consent to adoption; creating s. 63.063, F.S.; providing for due diligence,
consent, and notification for adoption and for cooperation; amending s.
63.072, F.S.; revising language with respect to persons whose consent to
an adoption may be waived; creating s. 63.077, F.S.; providing for the
time for the execution of consent and for revocation; amending s. 63.082,
F.S.; revising language with respect to execution and revocation of
consent; amending s. 63.085, F.S.; providing for disclosure of agency or
intermediary; amending s. 63.092, F.S.; providing for the filing of an
unfavorable preliminary home study with the court and with the
adoption registry; amending s. 63.097, F.S.; revising fees; creating s.
63.117, F.S.; providing for notice of adoption petition; amending s.
63.122, F.S.; revising language with respect to notice of hearing on
petition; creating s. 63.124, F.S.; providing for separate proceedings with
respect to the termination of parental rights; amending s. 63.162, F.S.;
providing for the confidential nature of certain records; amending s.
63.207, F.S.; revising language with respect to out-of-state placement;
amending s. 63.212, F.S.; revising language with respect to penalties
and prohibited acts; creating s. 63.215, F.S.; providing for preplanned
adoption arrangements; repealing s. 63.301, F.S., relating to an advisory
council on adoption; amending s. 742.14, F.S., to conform; providing for
the application of the act; providing an effective date.

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

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

By Representative Arnall-

HB 229-A bill to be entitled An act relating to juvenile justice;
creating s. 39.0361, F.S., the "Neighborhood Restorative Justice Act";
providing a short title and definitions; prescribing powers and duties of
the state attorney and guidelines with respect to establishment of a
Neighborhood Restorative Justice Center and Restorative Justice
Board; providing for a deferred prosecution program; providing for
membership and meetings of the Restorative Justice Board; requiring
written contracts for resolution; providing for the juvenile court to
sanction breaches of contract in appropriate cases; providing for
delinquency petitions; providing for submission of proof of completion by
the juvenile; providing for construction and severability; providing an
effective date.

25

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

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

By Representative Arnall-

HB 231-A bill to be entitled An act relating to confidentiality of
Restorative Justice Board records and meetings; creating s. 39.0362,
F.S.; providing an exemption from public records requirements for
certain records of the board; providing an exemption from public
meeting requirements for certain meetings of the board; providing for
future review and repeal; providing findings of public necessity;.
providing a contingent effective date.

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

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

By the Committee on Ethics & Elections; Representatives Upchurch
and Lynn-

HB 233-A bill to be entitled An act relating to absentee voting;
amending s. 97.021, F.S.; redefining the term "absent elector"; amending
s. 101.5609, F.S., relating to electronic and electromechanical voting
system ballots; removing a provision relating to recording the issuance
of absentee ballots; amending s. 101.62, F.S.; restricting the number of
absentee ballots that any one person may pick up; providing an
exception; requiring persons designated to pick up such ballots for other
electors to provide a picture identification and complete an authorizing
affidavit; providing for the form and contents of such affidavit; removing
language that required initialing the stubs of absentee ballots prior to
issuance to electors; amending ss. 101.64 and 101.65, F.S.; revising the
voter's certificate and instructions to absent electors to change the
signature witnessing requirement, clarify the arrangement of the
certificate on the back of the mailing envelope, and revise the oath
required for voting an absentee ballot; amending s. 163.511, F.S.,
relating to referendum ballots on the creation of special neighborhood
improvement districts, to conform; creating s. 101.655, F.S.; providing
for supervised voting for absent electors in certain facilities; amending
s. 101.68, F.S.; providing for earlier commencement of the canvassing of
absentee ballots; providing clarification with respect to determining the
legality of an absentee ballot; amending s. 101.69, F.S.; authorizing an
elector voting in person to execute an affidavit stating that the absentee
ballot supplied to the elector has not been voted rather than requiring
the elector to return that ballot before being allowed to vote; amending
s. 101.694, F.S.; updating a reference to a federal act; providing effective
dates.

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

Referred to the Committee(s) on Appropriations.

By the Committee on Ethics & Elections; Representative Upchurch-

HB 235-A bill to be entitled An act relating to voter registration;
amending s. 97.052, F.S.; providing an additional purpose for, and
modifying the contents of, the uniform statewide voter registration
application; amending s. 97.053, F.S.; providing for acceptance of
requests for a replacement registration identification card; requiring
that an applicant provide additional information on the voter
registration form to establish eligibility; amending ss. 97.071 and
97.1031, F.S., relating to registration identification cards; changing
notification requirements to receive an updated or replacement card;
amending s. 98.461, F.S.; modifying the information required on the
precinct register; repealing ss. 98.391-98.441, F.S., relating to
automation in processing of voter registrations by means of data
processing cards and the use of such cards at voting precincts; providing
an effective date.

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

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

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

26 JOURNAL OF THE HOUSE

HB 237-Withdrawn
By Representatives Bradley and Chestnut-

HB 239-A bill to be entitled An act relating to education; creating s.
232.2451, F.S., relating to student readiness for postsecondary
education and the workplace; providing legislative intent; providing for
end-of-high-school destinations; providing for student progression
toward a chosen destination; providing Department of Education duties;
providing requirements for elective courses; providing course
requirements; providing school district duties; 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 Heyman, Kelly, Rayson, Dawson-White,
Eggelletion, Stafford, Brown, Feren, Bloom, Casey, Livingston, Graber,
Fasano, Wise, Jacobs, Logan, D. Prewitt, Wasserman Schultz, Lippman,
Tobin, Lawson, Melvin, Sanderson, Chestnut, Morse, Lynn, Safley,
Mackenzie, Healey, Rojas, Diaz de la Portilla, Sublette, Geller,
B. Saunders, Frankel, Miller, Cosgrove, Spivey, Rodriguez-Chomat, and
Morroni-

HB 241-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 and revising terminology 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; 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; requiring the driver's license or state
identification number to be displayed on the placard and such
identification to be in the possession of the placard holder; 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 that this act fulfills an important state
interest; 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.

>]

E OF REPRESENTATIVES March 5, 1996

By Representatives Turnbull, Wasserman Schultz, Chestnut,
Heyman, and Lynn-

HB 243-A bill to be entitled An act relating to the State University
System; amending s. 240.209, F.S., relating to powers and duties of the
Board of Regents; requiring appointment of an executive director of the
State University System; deleting duties relating to appointment or
removal of university presidents; revising certain provisions relating to
establishment of student fees; deleting powers and duties relating to
provision of educational television, rulemaking for limited access
program admission, identification of unique program prerequisites,
rental or lease of parking facilities, and enrollment of certain students;
providing duties of university boards of trustees; creating s. 240.2091,
F.S.; providing for establishment and organization of university boards
of trustees; creating s. 240.20915, F.S.; providing that a university board
of trustees constitutes a corporation; creating s. 240.2092, F.S.;
specifying powers and duties of university boards of trustees; amending
s. 240.133, F.S.; providing for rules of university boards of trustees
relating to discipline of students; amending s. 240.2095, F.S., relating to
Board of Regents' program approval; amending s. 240.2097, F.S.;
requiring university boards of trustees to adopt specified rules relating
to limited access programs, transfer students, unique program
prerequisites, and student handbooks; deleting certain Board of
Regents' rulemaking; creating s. 240.216, F.S.; providing for payment of
costs of civil actions against university boards of trustees; repealing s.
240.217, F.S., relating to Board of Regents' exercise of right of eminent
domain; amending s. 240.219, F.S.; providing for the Department of
Legal Affairs to represent university boards of trustees in certain
proceedings; amending s. 240.223, F.S.; authorizing university boards of
trustees to act as trustee; amending s. 240.227, F.S.; requiring
university presidents to certify certain information to university boards
of trustees; amending s. 240.245, F.S.; providing duties of university
boards of trustees relating to faculty evaluation; amending s. 240.262,
F.S.; deleting Board of Regents' approval of university antihazing
policies; amending s. 240.295, F.S., relating to fixed capital outlay
project authorization; providing duties of university boards of trustees;
amending s. 240.299, F.S.; providing duties of university boards of
trustees relating to direct-support organizations; amending ss. 229.551,
240.115, and 240.319, F.S.; correcting cross references; directing that
changes in terminology in the Florida Statutes be made; 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 Fuller-

HB 245-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, Finance &
Taxation, and Appropriations.

By Representatives Bradley and Chestnut-

HB 247-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.

HB 249-Withdrawn

JOURNAL OF THE HOUSE

By Representatives Kelly, Gay, Starks, Minton, Ogles, Lippman,
Mackey, Clemons, Arnall, King, Bitner, and Lynn-

HB 251-A bill to be entitled An act relating to the Unemployment
Compensation Law; amending s. 443.036, F.S.; redefining the term
"employment" to include language with respect to employees who are
shared by two or more employers; 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 Wasserman Schultz-

HB 253-A bill to be entitled An act relating to health insurance;
amending s. 627.4235, F.S.; clarifying coordination of benefits;
amending s. 627.6043, F.S.; increasing a notice time period; creating s.
627.6045, F.S.; specifying requirements for policies relating to
preexisting conditions; amending s. 627.641, F.S.; clarifying newborn
children coverage provisions; creating s. 627.6414, F.S.; providing
requirements for coverage for dependents; creating s. 627.6425, F.S.;
providing for renewability of individual coverage; amending s. 627.6561,
F.S.; clarifying a preexisting condition requirement; amending s.
627.6575, F.S.; clarifying newborn children coverage provisions;
amending s. 627.662, F.S.; providing for application of payment of claims
methodology provisions; creating s. 627.6621, F.S.; providing for
additional coverage for spouse and dependents; amending s. 627.6645,
F.S.; revising provisions relating to certain notifications; creating s.
627.6691, F.S.; creating the "Florida Health Insurance Coverage
Continuation Act"; providing purpose and intent; providing
applicability; providing definitions; providing for continuation of
coverage under group health plans; providing requirements; providing
procedures; requiring certain notice of a right to continue coverage;
amending s. 627.6699, F.S.; revising provisions of the Employee Health
Care Access Act; revising definitions; clarifying applicability and scope;
revising availability of coverage provisions; revising restrictions relating
to premium rates; revising provisions relating to small employers;
clarifying standards to assure fair marketing; amending s. 636.007, F.S.;
deleting a requirement that a municipality offer a prepaid ambulance
service plan as part of emergency medical services in order to be exempt
from certain provisions; creating s. 641.217, F.S.; providing minority
recruitment and retention plan requirements; creating s. 641.31095,
F.S.; providing for liability of succeeding health maintenance
organizations under circumstances relating to replacement of contracts
or policies; creating s. 641.3112, F.S.; providing requirements for
dependent coverage; creating s. 641.3114, F.S.; providing requirements
for policies relating to preexisting conditions; amending s. 641.19, F.S.;
adding a definition; amending s. 641.47, F.S.; adding definitions;
creating s. 641.513, F.S.; providing requirements for providing
emergency services and care by a health maintenance organization;
providing effective dates.

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

Referred to the Committee(s) on Insurance, Finance & Taxation, and
Appropriations.
By Representative Thrasher-

HB 255-A bill to be entitled An act relating to health care; amending
s. 400.0060, F.S.; excluding certain facilities from the definition of "long-
term care facility"; amending s. 651.011, F.S.; excluding certain entities
from the definition of "provider"; 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 Warner, Thrasher, Crist, Flanagan, Wise,
Albright, Starks, Laurent, Ogles, Bitner, K. Pruitt, Fuller, Andrews,
Fasano, Merchant, Morse, Barreiro, Safley, Melvin, Heyman,
Wasserman Schultz, Dawson-White, Gay, Casey, Diaz de la Portilla, and
Jacobs-

HB 257-Abill to be entitled An act relating to child abuse; amending
s. 409.2572, F.S.; defining the offense of knowingly and willfully

March 5, 1996

SOF REPRESENTATIVES 27

providing false information regarding the paternity of a child in
conjunction with applying for or receiving public assistance for a
dependent child, and providing criminal penalties therefore; amending s.
415.504, F.S.; requiring the Department of Health and Rehabilitative
Services to provide the local sheriffs office with reports of child abuse
involving criminal impregnation of a child under 16 years of age by a
person 21 years of age or older; amending s. 827.04, F.S.; defining, as a
separate offense of child abuse, the offense of a person 21 years of age
or older impregnating a child under 16 years of age; providing penalties;
reenacting s. 787.04(5), F.S., relating to removing minors from state or
concealing minors contrary to state agency order or court order, and s.
914.16, F.S., relating to limits on interviews of child abuse victims, to
incorporate said amendment in references; amending s. 901.15, F.S.,
relating to arrests by law enforcement officers without warrants, to
conform a reference to said amendment; providing legislative intent to
facilitate prosecution of a person who impregnates a child under 16
years of age; requiring a mother who was impregnated while under 16
years of age and who is applying for public assistance for the dependent
child to provide the name of the father and a DNA sample from the
dependent child, under specified circumstances; requiring the
Department of Revenue to forward to the appropriate sheriffs office all
information provided to the department by the mother, under specified
circumstances; amending s. 921.0012, F.S., relating to the offense
severity ranking chart; classifying criminal impregnation of a child
under 16 years of age by a person 21 years of age or older as a level 7
offense; 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 Wise, Fuller, Fasano, Starks, Bitner, R. Wallace,
Posey, Ball, Maygarden, K. Pruitt, Johnson, Laurent, Sembler,
Merchant, Ziebarth, Brooks, Garcia, Thrasher, Heyman, Culp,
Burroughs, Lacasa, Littlefield, Stabins, Valdes, Safley, Trovillion,
Flanagan, Crady, Morroni, Smith, Harris, Constantine, and
B. Saunders-

HCR 259-A concurrent resolution instructing the Federal
Government 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, Finance & Taxation, and
Rules & Calendar.

By Representatives Warner, Klein, Wasserman Schultz, Merchant,
Wise, Sanderson, and Thrasher-

HJR 261-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, Judiciary, Finance &
Taxation, Appropriations, and Rules & Calendar.

By Representative Geller-

HB 263-A bill to be entitled An act relating to community
associations; amending s. 718.112, F.S.; providing that an association
may provide for a different voting and election procedure than is in the
bylaws under certain circumstances; amending s. 719.106, F.S.;
providing similar language with respect to cooperative associations;
amending s. 617.306, F.S.; conforming language with respect to certain
homeowners' associations; providing an effective date.

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

By Representatives Melvin, Stabins, and Fasano-

HB 265-A bill to be entitled An act relating to corrections; creating
the "Prisoner Reimbursement Act of 1996"; providing definitions;
providing guidelines and procedures for reimbursements by a prisoner

28

in a state correctional institution, county detention facility, or municipal
detention facility for specified expenses incurred by the state, county, or
municipality; prescribing powers and duties of the Department of
Corrections and governing bodies of counties and municipalities relating
to civil actions for prisoner reimbursement; providing for credit or
payment of the reimbursement moneys to specified funds; providing for
applicability; 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 Representative Chestnut-

HB 267-A bill to be entitled An act relating to the Florida Public
Education Lottery Act; amending s. 24.121, F.S.; specifying certain
educational purposes for the expenditure of lottery funds; providing an
effective date.

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

By Representatives King, Ritchie, Lippman, Mackey, Mackenzie,
Clemons, Bitner, Sanderson, Warner, Merchant, Villalobos, Safley,
Dawson-White, Brown, Edwards, Kelly, Betancourt, Maygarden,
Melvin, Livingston, Klein, Johnson, Bradley, Miller, Roberts-Burke,
Thrasher, Flanagan, Lynn, Ziebarth, Jones, Wise, Fuller, Bainter,
Andrews, Rodriguez-Chomat, Littlefield, Laurent, Lacasa, Constantine,
Futch, Burroughs, Gay, Goode, Peaden, Barreiro, Ascherl, Brennan,
Albright, B. Saunders, Casey, D. Prewitt, Graber, Minton, Morroni,
Cosgrove, K. Pruitt, Sembler, Valdes, Horan, Trammell, Hafner, Harris,
Eggelletion, Fasano, Starks, and Heyman-

HB 269-A bill to be entitled An act relating to corporations;
amending s. 607.0122, F.S.; revising certain fees; amending ss. 607.0502
and 617.0502, F.S.; clarifying requirements for resident agent changes
of address; requiring the Department of State to collect a fee for certain
filings; amending s. 607.1801, F.S.; clarifying provisions relating to
foreign corporations; amending s. 607.193, F.S.; revising the
supplemental corporate fee; requiring the Department of State to waive
certain fees under certain circumstances; 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 Kelly, Crow, Goode, Bitner, Sindler, Fasano,
Brennan, Logan, D. Prewitt, B. Saunders, Bainter, Maygarden,
Johnson, Livingston, Morroni, Spivey, Safley, Brown, Hafner,
Littlefield, Bronson, Jones, Rayson, Stabins, Rojas, Diaz de la Portilla,
Rodriguez-Chomat, Harris, Crist, Edwards, Gay, Ogles, Peeples,
Bullard, Minton, Tedder, Albright, Futch, D. Saunders, Graber,
Stafford, Arnold, Jacobs, Tobin, Andrews, Feren, Merchant, Horan,
Culp, Lynn, Burroughs, Flanagan, Posey, Sublette, Trovillion, Carlton,
Sembler, Healey, Ziebarth, and Heyman-

HB 271-A bill to be entitled An act relating to mobile home parks;
amending s. 723.011, F.S.; establishing legal rights and obligations
under a prospectus or offering circular; amending s. 723.012, F.S.;
providing for disclosure of circumstances under which a prospectus or
offering circular may be amended; creating s. 723.015, F.S.; providing a
list of circumstances for amending a prospectus or offering circular;
amending s. 723.031, F.S.; establishing a time for disclosure of fees,
charges, or assessments in a rental agreement; amending s. 723.058,
F.S.; providing restrictions on resale agreements; providing legislative
intent; providing for liberal construction; providing an effective date.

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

Referred to the Committee(s) on Judiciary.

By Representatives Flanagan, Ogles, Thrasher, Smith, Casey,
Trovillion, Constantine, Culp, Villalobos, Crist, Melvin, Warner,

March 5, 1996

Merchant, Brooks, Morroni, Livingston, Bitner, Miller, Wise, Fasano,
and Lynn-

HB 273-A bill to be entitled An act relating to the Florida Evidence
Code; creating s. 90.4011, F.S.; providing for admissibility of a
defendant's confession or admission when the defendant is charged with
a crime against a child under s. 794.011, F.S., relating to sexual battery,
s. 794.05, F.S., relating to carnal intercourse with an unmarried person
under 18 years of age, s. 800.04, F.S., relating to lewd, lascivious, or
indecent assault or act upon or in the presence of a child, s. 826.04, F.S.,
relating to incest, s. 827.03, F.S., relating to aggravated child abuse, s.
827.04, F.S., relating to child abuse, s. 827.071, F.S., relating to sexual
performance by a child, or any other crime involving sexual abuse
against a child, or with an attempt, solicitation, or conspiracy to commit
any of these crimes, under specified circumstances; providing for a court
hearing on whether the confession or admission is trustworthy;
specifying burden of proof; providing for admissibility of hearsay at such
hearing; providing a rebuttable presumption; requiring specific findings
of fact; 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 Stafford-

HB 275-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 Community Affairs, Finance &
Taxation, Appropriations, and Rules & Calendar.

By Representatives Lynn, Andrews, Thrasher, Futch, Casey, and
Trovillion-

HB 277-A bill to be entitled An act relating to criminal sentencing;
amending s. 775.021, F.S., relating to rules of construction of the Florida
Criminal Code; providing for imposition of consecutive sentences
notwithstanding specified provisions relating to habitual offenders;
providing for imposition of consecutive mandatory minimum terms of
incarceration, limitations on release, and other mandatory minimum
punishments; reenacting ss. 790.1615(3) and 806.031(3), F.S., relating
to penalties for unlawful throwing, projecting, placing, or discharging of
destructive device or bomb that results in injury to another, and relating
to penalties for arson resulting in injury to another, 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 Criminal Justice and Appropriations.

HB 279-Withdrawn

By Representative Mackenzie-

HB 281-A bill to be entitled An act relating to elections; amending
s. 102.031, F.S.; prohibiting the solicitation of voters within a specified
distance of any polling place or polling room; specifying acts of
solicitation that may not be restricted; authorizing a supervisor of
elections to permit solicitation within a specified zone under prescribed
conditions; authorizing an election board to have disruptive persons
removed by law enforcement officers; requiring the law enforcement
officer assigned to an election precinct to inform solicitors of zone
surrounding the polling place and to remove disruptive solicitors;
providing an effective date.

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

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

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JOURNAL OF THE HOUSI

By Representatives Jones and Brennan-

HB 283-A bill to be entitled An act relating to patient brokering;
creating s. 817.505, F.S.; specifying unlawful acts constituting patient
brokering; providing definitions; providing exemptions; providing
criminal penalties; providing for injunctive relief; providing for actions
by the Attorney General or state attorneys; providing for recovery of
certain expenses; amending s. 455.237, F.S.; providing penalties;
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 Lynn and Ziebarth-

HB 285-A bill to be entitled An act relating to the tax on sales, use,
and other transactions; amending s. 212.08, F.S.; removing a prohibition
against applying to printing firms the exemption for machinery and
equipment used in new or expanding businesses; providing an effective
date.

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

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

By Representatives Culp, Mackey, Bronson, Thrasher, Safley, Lacasa,
Kelly, Dennis, Rodriguez-Chomat, Stabins, Eggelletion, Sublette,
Albright, Lawson, Futch, Trovillion, and Flanagan-

HB 287-A bill to be entitled An act relating to education; authorizing
a special 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 Education and Appropriations.

By Representatives Culp, Jacobs, Posey, Morse, Maygarden, Bronson,
Mackey, Wise, D. Prewitt, Thrasher, Safley, Lacasa, Lynn, Kelly,
Rodriguez-Chomat, Stabins, Livingston, Melvin, Sanderson,
Eggelletion, Sublette, Albright, Bloom, Futch, Carlton, Brown,
K. Pruitt, and Flanagan-

HB 289-A bill to be entitled An act relating to credits against taxes;
amending s. 220.02, F.S.; providing the order of credits against the
corporate income tax or franchise tax; amending s. 220.03, F.S.; revising
the definition of "child care facility startup costs" and defining
"operation of a child care facility"; amending s. 220.12, F.S.; revising the
definition of a taxpayer's net income for corporate income tax purposes
to delete the deduction of child care facility startup costs; creating s.
220.19, F.S.; authorizing a credit against the corporate income tax for
child care facility startup costs and operation; providing limitations;
requiring a recipient to refund a portion of tax credits received under
certain conditions; providing eligibility and application requirements;
providing for administration by the Department of Revenue; providing
for future expiration; creating s. 624.5107, F.S.; authorizing a credit
against insurance premium taxes for child care facility startup costs and
operation; providing definitions; providing limitations; requiring a
recipient to refund a portion of tax credits received under certain
conditions; providing eligibility and application requirements; providing
for administration by the Department of Revenue; providing for future
expiration; providing an effective date.

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

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

By Representatives Culp, Posey, Morse, Wise, D. Prewitt, Thrasher,
Safley, Ogles, Lacasa, Futch, Kelly, Merchant, Dennis, Rodriguez-

March 5, 1996

SOF REPRESENTATIVES 29

Chomat, Stabins, Livingston, Eggelletion, Albright, Melvin, Jones,
Ziebarth, Bloom, Heyman, Trovillion, and Flanagan-

HB 291-A bill to be entitled An act relating to homeowner's
associations; amending s. 617.306, F.S.; providing that under certain
circumstances any governing document of a homeowner's association
may be amended by an affirmative vote of two-thirds of the voting
interests of the association; providing an effective date.

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

Referred to the Committee(s) on Judiciary.

By Representative Arnold-

HB 293-SF-A bill to be entitled A proposal relating to public
education financing.

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

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

HB 295-Withdrawn

By Representative Warner-

HB 297-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 tort exemptions; 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, Finance & Taxation, and
Appropriations.

By Representative Chestnut-

HB 299-A bill to be entitled An act relating to the designation of
state buildings; designating the Education and Exhibition Center at the
Florida Museum of Natural History at the University of Florida as
"Powell Hall"; authorizing the University of Florida to erect appropriate
markers; providing an effective date.

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

30 JOURNAL OF THE HOUSE

By Representatives Lacasa, Posey, Fasano, Heyman, B. Saunders,
Thrasher, Andrews, Stabins, Morroni, Lynn, Betancourt, Morse, and
Rodriguez-Chomat-

HB 301-A bill to be entitled An act relating to crimes against
educators; creating the "Teachers' Protection Act of 1996"; providing
legislative intent; amending s. 230.23, F.S., relating to powers and
duties of the district school board; requiring the school board to adopt
rules for expulsion for at least 1 year of a student convicted of a forcible
felony involving the use or threat of physical force or violence against an
educator, as defined; requiring notice in the code of student conduct
relating to such expulsion; amending s. 231.06, F.S., relating to assault
or battery upon district school board officials or employees; providing
enhanced penalties for committing or attempting to commit a forcible
felony involving the use or threat of physical force or violence against an
educator; amending s. 232.26, F.S.; providing for recommendation by the
principal relating to expulsion of a student convicted of a forcible felony
against an educator; 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 Livingston, Trovillion, Bitner, Culp, Bronson,
Arnold, B. Saunders, Harris, and Lynn-

HB 303-A bill to be entitled An act relating to disposition of dead
bodies; amending s. 245.06, F.S.; deleting a requirement that certain
dead bodies be embalmed; amending s. 245.07, F.S.; requiring certain
boards of county commissioners to take charge of certain dead bodies for
purposes of disposal; providing certain persons with immunity from
liability for cremating certain dead bodies under certain circumstances;
providing an effective date.

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

By Representative Villalobos-

HJR 305-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).
Referred to the Committee(s) on Corrections, Judiciary, Finance &
Taxation, Appropriations, and Rules & Calendar.

By Representative Barreiro-

HB 307-A bill to be entitled An act relating to taxation; amending
s. 196.012, F.S.; redefining the term "educational institution," for
purposes of the exemption of such institutions from ad valorem taxation,
to include certain schools providing postgraduate dental education;
providing an effective date.

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

By Representative Laurent-

HB 309-A bill to be entitled An act relating to ad valorem tax
administration; amending s. 196.199, F.S.; providing for service of tax
executions issued with respect to taxes on leasehold interests in
government property; amending s. 197.222, F.S.; providing that
provisions authorizing prepayment of estimated tax by installment
apply to each tax notice with taxes estimated to be more than $100;
amending s. 197.343, F.S.; revising requirements with respect to the
additional notice of unpaid taxes; 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 311-Withdrawn

i

E OF REPRESENTATIVES March 5, 1996

By Representatives Fasano, Ogles, Heyman, and Lynn-

HB 313-A bill to be entitled An act relating to sexual battery;
amending s. 775.15, F.S.; removing the time limitations for prosecution
of certain sexual battery offenses which are not capital or life felonies;
amending s. 794.011, F.S., relating to sexual battery; providing
legislative intent; providing that prosecution for specified sexual battery
offenses may be commenced at any time; 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 Representatives Livingston, Futch, Merchant, Trovillion, Gay,
Culp, Flanagan, Bullard, Greene, Cosgrove, and Ziebarth-

HB 315-A bill to be entitled An act relating to contracting; amending
ss. 489.127 and 489.531, F.S.; providing for similar penalties for
unlicensed violations with respect to construction contracting and
electrical contracting; providing for increased penalties; providing for
additional penalties; 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 Morse, Sanderson, Roberts-Burke, Brown,
Turnbull, Heyman, Greene, Bloom, Jacobs, Betancourt, Merchant, and
Lynn-

HB 317-A bill to be entitled An act relating to child custody;
amending s. 61.13, F.S.; providing for consideration of spousal or child
abuse in custody proceedings; reenacting ss. 39.408(3)(a) and
741.30(5)(a), F.S., relating to disposition hearings in dependency cases,
and relating to temporary injunctions in domestic violence cases, 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 and Appropriations.

By Representative Rodriguez-Chomat-

HB 319-A bill to be entitled An act relating to education; amending
s. 232.246, F.S., relating to general requirements for high school
graduation; revising credit requirements and requiring the Department
of Education to establish course content; correcting cross references;
establishing a ratio of counselors to students to be maintained in each
school district; providing an effective date.

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

HB 321-Withdrawn
HB 323-Withdrawn
By Representative R. Wallace-

HB 325-A bill to be entitled An act relating to wastewater discharge
permits; amending s. 403.087, F.S.; increasing the term for which
certain permits may be issued by the Department of Environmental
Protection; providing for renewal of operation permits for domestic
wastewater treatment facilities for up to a specified term under certain
circumstances at the same fee; providing an exception; requiring the
department to keep certain records; 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 R. Wallace-

HB 327-A bill to be entitled An act relating to state government;
creating the "State Government Employment Control Act of 1996";
limiting the number of employment positions in state government;

JOURNAL OF THE HOUSE

providing an exception; requiring the Governor to publish certain
annual payroll information; imposing certain duties on the Comptroller;
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 R. Wallace and Turnbull-

HB 329-A bill to be entitled An act relating to campaign financing;
amending s. 106.08, F.S.; lowering campaign contribution limits;
providing penalties; reenacting ss. 106.04(5), 106.075(2), 106.19(1)(a),
and 106.29(4), F.S., relating to contributions by committees of
continuous existence, limitations on contributions to pay loans,
violations by candidates, persons connected with campaigns, and
political committees, and contributions by political parties, to
incorporate the amendment to s. 106.08, 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 Ethics & Elections, Appropriations,
and Rules & Calendar.

By Representatives Feren and Heyman-

HJR 331--A joint resolution proposing an amendment to s. 5, Art. II
of the State Constitution, relating to public officers.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice, Judiciary,
Appropriations, and Rules & Calendar.
By Representatives Feren and Jacobs-

HB 333-A bill to be entitled An act relating to weapons and firearms
offenses; amending s. 790.115, F.S.; prohibiting the possession or
discharge of a weapon or firearm on an educational plant; providing that
a person may carry a firearm in a case to a postsecondary school having
a firearms-training range; providing for penalties; providing exemptions
for nonpublic or private schools and for law enforcement officers;
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 Feren and Heyman-

HB 335-A bill to be entitled An act relating to dual officeholding;
providing that a person employed as a law enforcement officer,
correctional officer, or correctional probation officer is not considered to
be holding an "office" for certain purposes; providing an effective date.

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

By Representative Geller-

HB 337-A bill to be entitled An act relating to taxation on greyhound
racing; creating s. 550.09514, F.S.; providing for greyhound dogracing
taxes; providing for distribution of purses; providing for audit and
documentation requirements; 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 Morroni, D. Prewitt, and Martinez-

HB 339-A bill to be entitled An act relating to health studios;
amending s. 501.017, relating to health studio contracts; providing that
chiropractic physicians and podiatrists may certify the physical
disability of the buyer of a health studio contract; providing an effective
date.

March 5, 1996

OF REPRESENTATIVES 31

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

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

By Representatives Morse, Brooks, and Constantine-

HB 341-A bill to be entitled An act relating to education; amending
s. 232.26, F.S.; requiring principals to consider certain recommendations
when referring a student for discipline; providing for student expulsion
for false accusations against school personnel; providing liability;
amending s. 232.27, F.S.; providing teacher authority to undertake
alternatives in managing student behavior; providing teacher
responsibility for control of students; providing school district duties;
creating s. 232.273, F.S.; requiring adoption of standards for use of
reasonable force; amending s. 232.28, F.S.; revising provisions relating
to authority of school bus drivers to maintain order; providing school
district duties; 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 Rodriguez-Chomat-

HB 343-A bill to be entitled An act relating to the advertising and
awarding of contracts; reenacting and amending s. 235.31, F.S.;
authorizing a district school board or community college to give a
preference to a local person, firm, or corporation under certain
conditions; providing an effective date.

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

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

By Representative Wise-

HB 345-A bill to be entitled An act relating to electronic service and
repair; creating part XV of chapter 468, F.S.; creating the "Florida
Electronics Repair Act of 1996"; providing definitions; creating the
Bureau of Electronic Repair Dealer Registration within the Division of
Regulation of the Department of Business and Professional Regulation;
providing for service dealer registration; providing for powers and duties
of the Division of Regulation; creating an advisory council and providing
for powers and duties; providing for registration procedures; providing
fees; providing for the disposition of moneys received and for the
payment of expenses; providing for service dealer records; providing
requirements with respect to electronic products warranty and repair;
providing for maintenance or service and repair facilities; providing for
service and repair within a reasonable time period; providing for buyer's
duties; providing for rights of replacement; providing for manufacturer's
liabilities to service the dealer; providing for the recovery of damages by
the retail seller and service dealer; providing for the invalidation of
registration and civil penalties; providing for appeals to the department;
providing for the informal adjustment of certain complaints; providing
penalties; providing an effective date.

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

By Representative Wise-

HB 347-A bill to be entitled An act relating to foster care; amending
s. 402.17, F.S., relating to trust property of clients of the Department of
Health and Rehabilitative Services; authorizing the department to
establish a foster care payment account for a child and deposit therein
an amount equal to 10 percent of monthly foster care payments, under
specified circumstances; providing for court orders disposing of such
account moneys; amending s. 409.175, F.S.; redefining "family foster
home"; amending s. 409.176, F.S.; providing for registration of family
foster homes; providing an effective date.

32 JOURNAL OF THE HOUSE

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

By the Committee on Agriculture & Consumer Services;
Representatives Harris, Peaden, Fuller, Minton, and Greene-

HB 349-A bill to be entitled An act relating to the Florida
Telemarketing Act; amending s. 501.603, F.S.; revising the definitions
of "commercial telephone solicitation" and "consumer goods or services";
amending s. 501.604, F.S.; clarifying exemptions for religious,
charitable, political, or educational purposes and for other
noncommercial purposes; combining exemptions relating to licensed
securities, commodities, or investment broker, dealer, or investment
adviser; defining "affiliate" for purposes of exemptions for supervised
financial institutions and telephone companies; clarifying an exemption
for certain licensed commercial telephone sellers; combining exemptions
relating to funeral directing, embalming, and direct disposition and
funeral and cemetery services; restricting the exemption relating to
registered developers or exchange companies; defining "agent" for
purposes of the exemption for publishers and agents of publishers;
amending s. 501.605, F.S.; clarifying language relating to licensure of
commercial telephone sellers; amending s. 501.608, F.S.; correcting cross
references; amending s. 772.102, F.S.; including crimes relating to
telemarketing within the definition of "criminal activity" for the
purposes of the Civil Remedies for Criminal Practices Act; amending s.
895.02, F.S., to include crimes relating to telemarketing within the
definition of"racketeering activity" for the purposes of the Florida RICO
Act and reenacting ss. 16.56(1)(a), 27.34(1), 655.50(3)(g), 896.101(1)(g),
and 905.34(3), F.S., 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 Finance & Taxation and
Appropriations.
By Representatives Bronson, Harris, and Kelly-

HB 351-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 Community Affairs and Finance &
Taxation.

By Representatives Bronson, Wasserman Schultz, Smith, Peaden,
Thrasher, Melvin, Tedder, Peeples, Warner, Heyman, Posey, Ritchie,
Mackey, Greene, Futch, Bloom, Ascherl, Healey, Boyd, Crady,
D. Saunders, Livingston, Mackenzie, Lynn, Jacobs, Geller, Frankel,
Trovillion, Rodriguez-Chomat, and Safley-

HJR 353-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 Ethics & Elections, Judiciary, and
Rules & Calendar.

By Representatives Miller and Lynn--

HB 355-A bill to be entitled An act relating to designations;
designating the Cross Town Expressway in Hillsborough County as the
Lee Roy Selmon Expressway; providing for the erection of markers;
providing an effective date.

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

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E OF REPRESENTATIVES March 5, 1996

By Representative Andrews-

HB 357-A bill to be entitled An act relating to education; amending
s. 229.591, F.S., relating to the school improvement and education
accountability system; creating a state education goal for parental
involvement; providing an effective date.

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

Referred to the Committee(s) on Education.

By Representative Fasano-

HB 359-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).

Referred to the Committee(s) on Governmental Operations and
Appropriations.
By Representatives Harris and B. Saunders-

HB 361-A bill to be entitled An act relating to the right to speedy
trial; creating the "Speedy Trial Reform Act of 1996"; providing for
repeal of Rule 3.191, Florida Rules of Criminal Procedure, relating to
speedy trial; providing for repeal of Rule 8.090, Florida Rules of Juvenile
Procedure, relating to speedy trial; amending s. 39.048, F.S., relating to
petition for delinquency; removing requirement for dismissal of the
petition with prejudice if the adjudicatory hearing is not commenced
within 90 days; amending s. 918.015, F.S.; providing that a court may
not discharge a criminal defendant from prosecution unless it finds a
substantive violation of the defendant's right to speedy trial; 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 Hill-

HB 363-A bill to be entitled An act relating to the abuse of dead
human bodies; providing a definition; prohibiting the desecration of a
dead human body; providing a penalty; providing an effective date.

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

By Representative Klein-

HB 365-A bill to be entitled An act relating to controlled substances;
amending s. 893.13, F.S.; defining the offenses of sale, manufacture, or
delivery of, or possession with intent to sell, manufacture, or deliver,
controlled substances within 1,000 feet of the real property comprising
a child care facility; providing penalties; amending s. 921.0012, F.S.;
providing for classification of such offenses within the offense severity
ranking chart; 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 and Ogles-

HB 367-A bill to be entitled An act relating to the Marine Fisheries
Commission; amending s. 370.025, F.S.; deleting the requirement that
commission rules be approved by the Governor and Cabinet; amending
s. 370.026, F.S.; providing for the commission to be within the
Department of Environmental Protection; amending s. 370.027, F.S.;
revising the commission's rulemaking authority and procedures;

JOURNAL OF THE HOUSE

providing for annual research recommendations; 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 B. Saunders, Arnold, and King-

HB 369-A bill to be entitled An act relating to health care; creating
s. 381.0407, F.S.; providing legislative intent relating to community-
based primary-care centers; providing definitions; requiring cost reports
from community-based primary-care centers; authorizing Medicaid
payments to a center; providing for contracts with health maintenance
organizations; providing for reimbursements; providing for an annual
reconciliation; amending s. 409.912, F.S.; requiring health maintenance
organizations to contract with community-based primary-care centers
for enrollment of members and for services; requiring the Agency for
Health Care Administration to determine a rate of payment for health
maintenance organizations serving certain patients; 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 Thrasher, Fasano, Lynn, B. Saunders, and
Heyman-

HB 371-A bill to be entitled An act relating to criminal sentencing;
amending s. 775.0875, F.S.; providing a mandatory minimum prison
term of 3 years for a person convicted of unlawfully taking a firearm
from a law enforcement officer; amending s. 784.08, F.S.; providing a
mandatory minimum term of 3 years for a person convicted of
aggravated assault or aggravated battery upon a person 65 years of age
or older; 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 373-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 drug 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 drug
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; creating a technical advisory group to advise
the agency and 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 Representatives Warner and Clemons-

HB 375-A bill to be entitled An act relating to contracts in restraint
of trade; amending s. 542.33, F.S.; clarifying a presumption of
irreparable injury under certain circumstances; 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 Heyman, Martinez, Barreiro, Chestnut,
D. Prewitt, Spivey, Davis, Peaden, Upchurch, Turnbull, Horan,
D. Saunders, Futch, Hill, Bainter, Valdes, Crady, Rodriguez-Chomat,
Ball, Flanagan, Stafford, Feren, Sindler, B. Saunders, Kelly, Rayson,
Culp, Brown, Wasserman Schultz, Dawson-White, Jacobs, Frankel,
Bloom, Dennis, Brennan, Bullard, Morroni, Villalobos, Melvin, Clemons,
Bush, Edwards, Lacasa, Betancourt, Peeples, Thrasher, Albright,

March 5, 1996

OF REPRESENTATIVES 33

Warner, Morse, Trovillion, Klein, Geller, Tobin, Lippman, Smith, Rojas,
Ogles, Cosgrove, Garcia, Roberts-Burke, and Meek-

HB 377-A bill to be entitled An act relating to motor vehicle licenses;
amending s. 320.06, F.S.; requiring that an annual validation decal be
issued in connection with each license plate in addition to the annual
validation sticker; amending ss. 320.03 and 320.031, F.S.; providing for
issuance of decals by tax collectors and delivery of decals by mail;
amending s. 320.061, F.S.; providing a penalty for altering a decal;
amending s. 320.07, F.S.; providing penalties for operating a motor
vehicle without a current decal; amending s. 320.071, F.S.; providing for
issuance of decals as part of the advance registration renewal process;
providing a penalty; amending s. 320.26, F.S.; providing a penalty for
counterfeiting decals; amending s. 320.261, F.S.; providing a penalty for
attaching a decal to a vehicle to which the decal was not assigned;
amending ss. 320.04, 320.0657, 320.084, 320.10, and 921.0012, F.S.,
relating to service charges, fleet license plates, disabled veterans' license
plates, licensing of exempt vehicles, and a sentencing guidelines ranking
chart, to conform; providing an effective date.

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

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

By Representative Mackey-

HB 379-A bill to be entitled An act relating to taxation of fuels;
amending s. 206.01, F.S.; revising definitions and defining "blender";
amending s. 206.02, F.S.; revising license application requirements;
providing for temporary licenses; amending ss. 206.022 and 206.095,
F.S.; providing for application of licensing and reporting requirements
to terminal operators; amending s. 206.9925, F.S., relating to a
definition of "storage facility," to conform; amending s. 206.404, F.S.;
removing provisions relating to temporary licenses for retailers;
amending s. 206.41, F.S.; revising provisions relating to the application
of state taxes on motor fuel and exemptions therefrom; amending s.
206.46, F.S.; correcting language; repealing s. 50, ch. 95-417, Laws of
Florida, which makes the same correction; amending ss. 206.43 and
206.48, F.S.; requiring blenders to make certain reports; amending s.
206.59, F.S.; revising provisions relating to powers of the Department of
Revenue; exempting discrepancies due to normal temperature gains
from application of taxes; amending s. 206.86, F.S.; revising a definition;
amending s. 206.873, F.S.; specifying that backup tax applies to motor
fuel; amending s. 206.874, F.S.; correcting language; specifying that
diesel fuel in the fuel tanks of a motor vehicle used to propel the vehicle
into this state is exempt from the tax on diesel fuel; amending s.
206.8745, F.S.; providing for a refund for certain diesel fuel consumed
by a power takeoff or engine exhaust; amending ss. 206.9815 and
206.9825, F.S; defining "kerosene" and "aviation gasoline" and providing
requirements for application of the aviation fuel tax thereto; providing
for exemptions and refunds; providing for application of backup tax;
amending s. 206.9915, F.S.; specifying additional provisions applicable
to pt. IV of ch. 206, F.S., relating to tax on fuel and other pollutants;
amending s. 212.08, F.S.; specifying the motor and diesel fuels that are
exempt from sales and use tax; providing for application of said tax to
certain fuels used in interstate or foreign commerce; amending ss.
336.021 and 336.025, F.S., relating to the ninth-cent fuel tax and the
local option tax for county transportation systems; removing provisions
relating to an allowance for services and expenses; revising provisions
relating to a distribution formula; amending s. 115, ch. 95-417, Laws of
Florida; removing the repeal of s. 6, ch. 94-146, Laws of Florida;
repealing s. 962, ch. 95-148, Laws of Florida, which provides a future
amendment to text removed by ch. 95-417, Laws of Florida; providing
licensing periods and fees; directing that a reviser's bill be prepared;
providing effective dates.

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 OF REPRESENTATIVES

By Representative Ziebarth-

HB 381-A bill to be entitled An act relating to Volusia County;
repealing ch. 27949, Laws of Florida, 1951, relating to the West Volusia
Hospital District; providing for the property, assets, records, equipment,
obligations, and liabilities of the district to be transferred to the West
Volusia Hospital Authority; providing an effective date.

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

By Representatives Ziebarth and Lynn-

HB 383-A bill to be entitled An act relating to Volusia County;
providing for the relief of David R. Viers; providing an appropriation to
compensate him for injuries and damages sustained; 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 Klein-

HB 385-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
s. 921.141, F.S.; providing a 30-day time limit upon the making of
findings in support of a death sentence; making the death sentence
subject to automatic review and disposition rendered within 2 years
after the filing of a notice of appeal; providing as an aggravating
circumstance for sentencing purposes that the capital felony was
committed by a person placed on probation; providing as an aggravating
circumstance that the victim of the capital felony was particularly
vulnerable due to advanced age or disability or because of the
defendant's familial or custodial authority over the victim; requiring
consideration of any factors in the defendant's background mitigating
against imposition of the death penalty; amending s. 921.142, F.S.;
providing a 30-day time limit upon the making of findings in support of
a death sentence; making the death sentence subject to automatic
review and disposition rendered within 2 years after the filing of a notice
of appeal; providing for severability; 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 Jones, Brown, King, and Mackenzie-

HB 387-Abill to be entitled An act relating to community association
managers; amending s. 468.431, F.S.; revising a definition; amending s.
468.433, F.S.; providing for examinations for licensure as a community
association manager; providing qualifications; providing for renewal of
licenses; providing for continuing education; amending s. 468.434, F.S.;
creating the Board of Community Association Managers within the
Department of Business and Professional Regulation; providing for
membership; providing duties and responsibilities of the board;
amending s. 468.435, F.S.; authorizing the board to establish and collect
fees and assessments for certain purposes; amending s. 468.436, F.S.;
providing enforcement powers and duties of the board; transferring the
regulation of community association managers from the Division of
Florida Land Sales and Condominiums of the Department of Business
and Professional Regulation to the Division of Professions of the
department; transferring certain unexpended balances of funds to the
Professional Regulation 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 389-Withdrawn

By Representatives Mackey, Lynn, Morse, Garcia, Melvin, Jones,
Sanderson, Safley, Bainter, Thrasher, Lippman, Livingston, Trovillion,
and Smith-

HB 391-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.04, F.S.; exempting entry fees for
participation in freshwater fishing tournaments from the tax on
admissions; 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 Representatives Rodriguez-Chomat and Fasano-

HB 393-A bill to be entitled An act relating to public assistance;
amending s. 409.185, F.S.; requiring the Department of Health and
Rehabilitative Services to withhold financial assistance payments from
recipients when fraud is suspected; requiring certain notice to the
recipient; requiring an interview within a specified timeframe to resolve
the matter; 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 Sindler-

HB 395-A bill to be entitled An act relating to dentistry; amending
s. 466.004, F.S., relating to the Board of Dentistry; revising provisions
relating to meetings and duties of the Council on Dental Hygiene and the
Council on Dental Assisting; amending s. 466.007, F.S., relating to
examination of dental hygienists; revising qualifications to take the
examinations; reducing the number of academic years of postsecondary
education required of certain applicants; reenacting s. 466.011, F.S.,
relating to licensure, to incorporate the amendment to s. 466.007, F.S.,
in a reference thereto; creating s. 466.0075, F.S.; authorizing the Board
of Dentistry to require any applicant for the examination to practice
dentistry or dental hygiene to carry certain medical malpractice
insurance; amending s. 466.023, F.S.; clarifying scope and area of
practice of dental hygienists; amending s. 466.0282, F.S.; revising
provisions relating to practicing and advertising as a dental specialist;
providing purpose and legislative findings and intent; amending s.
466.032, F.S.; providing for biennial registration of dental laboratories;
providing an effective date.

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

By Representatives Dawson-White, Cosgrove, Futch, Lippman,
Brennan, Wasserman Schultz, Lynn, Heyman, Dennis, Mackenzie,
Sanderson, Turnbull, Chestnut, Frankel, Culp, Jacobs, D. Prewitt,
Bloom, Bullard, Brown, Mackey, Trammell, and Thrasher-

HB 397-A bill to be entitled An act relating to osteoporosis; 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 Agency for Health Care
Administration and the Department of Elderly Affairs; creating ss.
627.6409, 627.6691, F.S.; requiring health insurance policies and group,
blanket, or franchise health insurance policies that cover residents of
this state and that are issued, amended, delivered, or renewed in this
state after a specified date to provide coverage for the screening for and
the diagnosis, treatment, and appropriate management of osteoporosis;
providing exceptions; amending s. 641.31, F.S.; requiring health
maintenance contracts that cover a resident of this state and that are
issued, amended, delivered, or renewed in this state after a specified
date to provide specified coverage with respect to osteoporosis; amending

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March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

s. 627.6515, F.S.; amending the list of policies that are exempted from
the requirements of part VII of ch. 627, F.S.; 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 Barreiro-

HB 399-A bill to be entitled An act relating to the fine arts;
amending s. 265.285, F.S., relating to the Florida Arts Council; revising
provisions relating to the vote necessary for official action by the council;
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 Lacasa-

HB 401-A bill to be entitled An act relating to the Community
Redevelopment Act of 1969; amending s. 163.340, F.S.; defining "private
capital investment project," "investor," and "business venture";
amending s. 163.345, F.S.; expanding provisions which direct counties
and municipalities to involve private enterprise in redevelopment;
amending s. 163.360, F.S.; revising a determination relating to housing
that must be made before certain land in a community redevelopment
area is acquired; amending s. 163.362, F.S.; revising requirements for
community redevelopment plans relating to publicly funded capital
projects and relocation of displaced persons; providing requirements for
plans which include a private capital investment project; requiring
certain agreements and performance guarantees; amending s. 163.370,
F.S.; revising restrictions imposed on financing certain public buildings
with increment revenues; amending s. 163.387, F.S.; removing a
provision that allows certain counties to adopt a special formula for
funding their redevelopment trust funds; authorizing funding of a
redevelopment trust fund by the increment in sales and use taxes
collected within the community redevelopment area; providing for
determination of such increment; requiring that any project funded by
such revenues be approved by special act; amending s. 212.20, F.S., to
conform; amending s. 218.65, F.S.; correcting references; 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 Tedder, Constantine, Stabins, Bainter, Morroni,
Gulp, Davis, Arnold, Smith, Lacasa, Flanagan, Andrews, Goode, Starks,
Thrasher, Edwards, Sanderson, Bronson, R. Wallace, Fasano,
D. Saunders, Kelly, Sembler, Mackenzie, K. Pruitt, Burroughs,
Upchurch, Brooks, Ball, Lynn, Boyd, Merchant, Trovillion, Arnall,
B. Saunders, Rodriguez-Chomat, and Maygarden-

HB 403-A bill to be entitled An act relating to education; authorizing
the creation of charter schools and providing purpose; providing for
proposals, sponsorship, and contracts; limiting the number of charter
schools; providing student eligibility; providing organization as a legal
entity and requirements as an employer; providing requirements of
charter schools; providing charter requirements; providing causes for
nonrenewal or termination of a charter and specifying procedures;
providing exemption from certain statutes; providing rights and
qualifications of employees; providing funding and transportation of
charter school students; providing immunity; providing length of school
year; providing facility requirements; providing for initial costs;
requiring dissemination of information; prohibiting levy of taxes and
issuance of bonds; requiring legislative review; amending s. 121.021,
F.S.; revising the definitions of "employer" and "covered group" within
the Florida Retirement System to include charter schools; amending s.
121.051, F.S.; authorizing optional participation in the system by
charter schools; 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 the Committee on Juvenile Justice; Representatives Stafford,
Morroni, Chestnut, Martinez, Melvin, Jacobs, Culp, Bush, Edwards, and
Heyman-

HB 405-A bill to be entitled An act relating to juvenile justice;
amending s. 39.021, F.S.; requiring certain cost accounting with respect
to Department of Juvenile Justice Programs; providing for specified cost
reports to the Legislature by the Department of Juvenile Justice;
amending s. 230.2316, F.S.; providing for educational services in
Department of Health and Rehabilitative Services programs; creating s.
230.23161, F.S.; providing for educational services in Department of
Juvenile Justice programs; prescribing responsibilities of school
districts; providing for certain reports to the Legislature by the
Department of Juvenile Justice and Department of Education; providing
for adoption of rules and revisions thereto by the Department of
Education; 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 Fasano-

HB 407-A bill to be entitled An act relating to games of chance;
creating s. 849.0937, F.S.; providing definitions; authorizing certain
charitable, nonprofit, or veterans clubs to conduct certain games of
chance; providing requirements and restrictions regarding the conduct
of such games; providing a penalty; 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 Fasano-

HB 409-A bill to be entitled An act relating to dance studios;
amending s. 501.143, F.S.; increasing the amount of required bond or
financial security required to operate a dance studio; increasing the
amount of bond the Department of Agriculture and Consumer Services
may require as a penalty for studios in violation of the act; providing an
effective date.

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

By Representative Sembler-

HB 411-A bill to be entitled An act relating to preservation of
covenants or restrictions; amending s. 712.01, F.S.; revising and adding
definitions; amending ss. 712.03, 712.05, and 712.06, F.S.; protecting
certain covenants or restrictions from extinguishment; providing for
preservation of certain covenants or restrictions under certain
circumstances; authorizing certain homeowners' associations to file for
preservation of covenants or restrictions on behalf of certain parcel
owners; providing a limitation; revising certain notice provisions to
conform; providing an exception; providing an effective date.

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

By Representative Sembler-

HB 413-A bill to be entitled An act relating to underground
petroleum storage tanks; amending s. 376.301, F.S.; providing
additional definitions; amending s. 376.305, F.S.; deleting certain
eligibility for reimbursement provisions; providing for eligibility for site
restoration funding for certain sites; amending s. 376.3071, F.S.; adding
findings and providing for the creation of a nonprofit public benefit

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March 5, 1996

36 JOURNAL OF THE HOUSE

corporation to assist the state in performing certain functions;
authorizing such corporation to issue debt obligations under certain
circumstances; revising language with respect to the Inland Protection
Trust Fund; providing for additional uses of the fund; providing for
annual appropriations for compliance, monitoring, and enforcement
activities; revising provisions relating to site selection and cleanup;
providing criteria; specifying requirements; providing for special case
exemptions; revising provisions relating to the duty of the department
to seek recovery and reimbursement; providing criteria for voluntary
cleanup; providing for limited preapproved advance cleanup; providing
procedures and criteria; revising provisions providing for the application
of programs for reimbursement; providing for a petroleum cleanup
amnesty program; providing criteria; providing procedures; providing
penalties; creating s. 376.30713, F.S.; providing for preapproved site
rehabilitation; providing procedures; providing criteria; amending s.
376.3072, F.S.; clarifying compliance provisions of the Florida Petroleum
Liability and Restoration Insurance Program; providing for
supplemental deductible amounts for certain persons under certain
circumstances; providing for reevaluation of sites denied coverage for a
discharge under the program; providing requirements; amending s.
376.3073, F.S.; clarifying application of provisions for local programs
and state agency programs for contamination control; amending s.
376.3074, F.S.; authorizing the department to establish a system
pursuant to which fees may be imposed for warnings and for
noncompliance; creating s. 376.3075, F.S.; creating the Inland
Protection Financing Corporation to assist the department in
administering and financing petroleum contamination site remediation;
providing powers and duties of the corporation; authorizing the
corporation to enter into certain contracts with the department for
certain purposes; authorizing the corporation to issue certain debt
obligations; providing for repayment; exempting the corporation form all
taxation and assessments except the corporate income tax; authorizing
the corporation to validate certain obligations; providing procedures;
excluding the corporation from application of certain provisions;
amending s. 376.308, F.S.; protecting certain persons from certain
administrative or judicial actions to compel rehabilitation or pay certain
rehabilitation costs under certain circumstances; amending s. 376.311,
F.S.; clarifying application of certain penalty provisions; prohibiting
certain employees of the department from accepting compensation with
respect to site assessment or site rehabilitation for a certain period after
termination of employment; repealing s. 3, ch. 95-2, Laws of Florida,
relating to enforcement of site rehabilitation schedules; 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 the Committee on Corrections; Representative Sindler-

HB 415-A bill to be entitled An act relating to inmate health care;
amending s. 945.601, F.S.; defining "quality management program" with
respect to specified provisions relating to the Correctional Medical
Authority; amending s. 945.602, F.S.; permitting one member of the
authority to be licensed under chapter 459, relating to osteopaths;
amending s. 945.603, F.S.; revising powers and duties of the authority,
and transferring certain duties from the authority to the Department of
Corrections; amending s. 945.6031, F.S.; expanding the annual
reporting requirements; requiring the Office of Program Policy Analysis
and Government Accountability to submit a report to the Legislature;
providing legislative intent; requiring a reduction in appropriation;
providing an effective date.

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

By Representative Betancourt-

HB 417-A bill to be entitled An act relating to asbestos removal
programs; amending s. 376.60, F.S.; providing for the Department of
Environmental Protection to reimburse local governments that have
been approved to conduct asbestos removal programs under certain
circumstances; removing fees for inspection of residential dwellings;
prohibiting local governments from charging certain fees while being

ai

E OF REPRESENTATIVES March 5, 1996

reimbursed by the department; providing an appropriation; 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 Carlton and Bainter-

HB 419-A bill to be entitled An act relating to education; amending
s. 231.40, F.S.; limiting the amount of pay certain employees of district
school systems may receive for unused sick leave upon termination of
employment; amending s. 231.481, F.S.; limiting the amount of pay
certain employees of district school systems may receive for unused
vacation leave upon termination of employment; amending s. 240.343,
F.S.; limiting the amount of pay certain employees of community college
districts may receive for unused sick leave upon termination of
employment; 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 Goode, Peaden, D. Prewitt, Livingston, Fasano,
Logan, Ogles, Merchant, and Gay-

HB 421-A bill to be entitled An act relating to dental insurance;
amending s. 627.6577, 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 Representative Hill-

HB 423-A bill to be entitled An act relating to collective bargaining;
amending s. 447.403, F.S.; revising procedures for resolving certain
impasses; providing duties of parties; requiring a special master to hold
public hearings under certain circumstances; providing duties of the
Public Employees Relations Commission; 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 Hill-

HB 425-A bill to be entitled An act relating to violations involving
checks; amending s. 832.07, F.S., relating to prima facie evidence of
identity with regard to prosecution of bad check charges; removing
"race" as a required element of establishing the identity of the person
presenting the check; 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 Lynn-

HB 427-A bill to be entitled An act relating to school system
personnel; amending s. 231.40, F.S.; providing that members of a sick
leave pool may contribute additional hours to the pool above the
maximum permitted when a member of the pool is suffering a medical
hardship; 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 the Committee on Criminal Justice; Representative Martinez-

HB 429-A bill to be entitled An act relating to sentencing; amending
s. 775.084, F.S.; clarifying procedures for sentencing a defendant as a

habitual felony offender, a habitual violent felony offender, or a violent
career criminal; clarifying when a habitual felony offender, a habitual
violent felony offender, or a violent career criminal is subject to
imprisonment; clarifying terms of imprisonment; providing that a
defendant sentenced as a violent career criminal is not eligible for any
form of discretionary release, except pardon, executive clemency, or
conditional medical release; amending s. 775.0842, F.S.; correcting a
grammatical error; amending s. 921.0011, F.S.; clarifying the definition
of the term "victim injury" for purposes of sentencing; amending ss.
921.0012 and 921.0013, F.S.; clarifying the purpose of numerical
statutory references, felony degree designations, and descriptive
language in the offense severity ranking chart; correcting statutory
references; amending s. 921.0014, F.S.; clarifying requirements for
assessing points under the sentencing guidelines for a violation of
community sanctions and a prior capital felony; revising requirements
for assessing points under the sentencing guidelines for a prior serious
felony; amending s. 893.135, F.S.; providing eligibility for pardon or
executive clemency for a defendant convicted of certain drug trafficking
offenses; revising the elements of the offense of trafficking in cocaine or
illegal drugs to delete the necessity of a determination that the
defendant had a highly culpable mental state in committing the offense;
amending s. 775.087, F.S.; providing that a defendant convicted of a
felony that involved the use of a weapon or firearm is not eligible for any
form of discretionary early release, except pardon, executive clemency,
or conditional medical release, or gain-time prior to serving the
minimum sentence; amending s. 775.0875, F.S.; correcting a cross
reference; amending s. 784.07, F.S.; providing that a defendant
convicted of committing a battery against a law enforcement officer or
other specified officer while possessing a firearm or semiautomatic
firearm is not eligible for any form of discretionary early release, except
pardon, executive clemency, or conditional medical release, or gain-time
prior to serving the minimum sentence; correcting a cross reference;
amending s. 874.04, F.S.; providing for ranking reclassified felony
offenses for purposes of sentencing; amending s. 921.187, F.S.;
correcting grammar; amending s. 944.275, F.S.; clarifying provisions
under which an inmate may be granted gain-time; providing an effective
date.

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

Referred to the Committee(s) on Appropriations.

By Representative Jones-

HB 431-A bill to be entitled An act relating to road designations;
redesignating a portion of State Road 690 currently designated as the St.
Petersburg Beach Causeway as "Corey Causeway"; directing the
Department of Transportation to erect suitable markers; repealing
chapter 63-931, Laws of Florida, relating to the designation of the St.
Petersburg Beach Causeway; providing an effective date.

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

By Representative Fasano-

HB 433-A bill to be entitled An act relating to road designations;
designating State Road 54 in Pasco County as the "Purple Heart
Highway"; directing erection of suitable markers; providing an effective
date.

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

By Representative Mackey-

HB 435-A bill to be entitled An act relating to state parks; amending
s. 258.015, F.S.; providing a reserve appropriation from the Land
Acquisition Trust Fund to be used as a state match for private funding
to enhance the use and potential of state parks; authorizing the
Department of Environmental Protection to honor a private donor with

37

a plaque; amending s. 370.0205, F.S.; exempting citizen support
organizations with annual expenditures of less than a certain amount
from certain auditing requirements; 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 Miller-

HB 437-A bill to be entitled An act relating to the sickle-cell trait;
requiring the Department of Health and Rehabilitative Services to
establish a sickle-cell program to the extent that resources are available;
providing for education and screening, a statewide tracking and
followup system, and grants and reimbursements to not-for-profit
centers; 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 Miller-

HB 439-A bill to be entitled An act relating to tax deeds; amending
s. 197.502, F.S.; requiring notification of certain lienholders prior to sale
of certain property; 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 B. Saunders, Turnbull, Casey, and Davis-

HB 441-A bill to be entitled An act relating to lobbying; amending
s. 11.045, F.S.; authorizing a filing extension for reports of lobbyists by
rule of the Legislature; providing for procedures with respect to
reporting; amending s. 112.3215, F.S.; eliminating language permitting
reporting statements filed by executive branch lobbyists to not be filed
under certain circumstances; authorizing the Commission on Ethics to
provide by rule for an extension on the filing of lobbying reporting
statements; providing time requirements with respect to reports;
directing the commission to adopt rules and procedures with respect to
reports; providing an effective date.

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

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

By the Committee on Tourism & Cultural Affairs; Representatives
Bloom, Brown, Spivey, Bullard, Culp, Livingston, Melvin, Barreiro,
Brooks, and Kelly-

HB 443-A bill to be entitled An act relating to ad valorem taxation;
amending s. 193.011, F.S.; including historic preservation ordinances
within certain factors to consider in determining highest and best use
of property for purposes of deriving just valuation; 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 the Committee on Tourism & Cultural Affairs; Representatives
Bloom, Brown, Spivey, Bullard, Kelly, Livingston, and Culp-

HJR 445-A joint resolution proposing an amendment to Section 3 of
Article VII and the creation of Section 22 of Article XII of the State
Constitution relating to local option ad valorem tax exemption for
certain historic properties.

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

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

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

38 JOURNAL OF THE HOUSE

By the Committee on Tourism & Cultural Affairs; Representatives
Bloom, Brown, and Spivey-

HB 447-A bill to be entitled An act relating to ad valorem tax
exemption; creating s. 196.1961, F.S.; providing procedures and
requirements for counties, municipalities, school districts, and special
districts to adopt an ordinance or resolution granting partial exemption
for certain historic property used for commercial or nonprofit purposes;
specifying qualifications for such exemption; amending s. 196.1997, F.S.;
authorizing school districts and special districts to grant, by resolution,
exemption to improvements to certain historic properties if the owner is
engaged in restoration of the property, subject to the same conditions
and requirements under which counties and municipalities are
authorized to grant such exemption; amending s. 196.1998, F.S.;
authorizing school districts and special districts to grant the additional
exemption to such properties that counties and municipalities may
grant if the property is open to the public; providing a contingent
effective date.

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

By Representatives Cosgrove and Ritchie-

HB 449-A bill to be entitled An act relating to the tax on sales, use,
and other transactions; repealing s. 212.031(6), F.S., relating to
exempting from taxation certain leases or rentals of land or facilities by
a fair association; amending s. 212.08, F.S.; exempting certain
transactions by fair associations from taxation; providing that certain
sales of merchandise by concessionaires and others are not exempt;
waiving state tax claims that conflict with these changes; amending s.
212.13, F.S.; requiring a concessionaire, vendor, exhibitor, or licensee
that uses property belonging to a fair association to report its daily
revenues, as specified; providing duties of the lessor and of the
Department of Revenue; providing an effective date.

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

HB 451-Withdrawn

HB 453-Withdrawn

By Representatives Casey, Spivey, and Crow-

HB 455-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 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 breath alcohol level or who refuses to submit to a 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; amending s. 322.2615, F.S.; providing that a person's license may
not be suspended under both s. 322.2615, F.S., and s. 322.2616, F.S.;
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 Bradley-

HB 457-A bill to be entitled An act relating to commercial motor
vehicle insurance; amending s. 624.509, F.S.; exempting certain
commercial motor vehicle insurance premiums from excise or premium
taxes for certain vehicles; providing a limitation; providing an effective
date.

Il

E OF REPRESENTATIVES March 5, 1996

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

HB 459-A bill to be entitled An act relating to assault and battery;
amending s. 231.06, F.S., relating to assault or battery upon school
employees; removing references to certain public school officials and
employees; creating s. 784.081, F.S.; providing enhanced penalties for
assault or aggravated assault or battery or aggravated battery upon
elected officials or employees of district school boards, state universities,
and other entities in the state system of public education; amending s.
921.0012, F.S., relating to the offense severity ranking chart; providing
conforming language; providing an effective date.

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

By Representative Bainter-

HB 461-A bill to be entitled An act relating to health insurance;
creating s. 627.6691, F.S.; providing a short title; providing purpose and
intent; providing for applicability; providing definitions; requiring that
certain group health benefit plans provide for continuation of coverage
under certain circumstances; providing requirements for minimum
coverage; providing requirements for the beneficiary and the carrier
upon the occurrence of a qualifying event giving rise to the potential
election of continuation of coverage; requiring a carrier to include in
policies, contracts, certificates, and plan booklets notice of a beneficiary's
right to continue coverage; 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 Safley, Fasano, and Morroni-

HB 463-A bill to be entitled An act relating to education; amending
ss. 232.245, 232.246, and 232.425, F.S.; raising the required cumulative
grade point average for purposes of the school district comprehensive
program for pupil progression, high school graduation, and participation
in interscholastic extracurricular student activities; amending s.
232.2463, F.S.; revising provisions relating to the high school grading
system; providing an effective date.

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

HB 465-Withdrawn
By Representatives Feren and Heyman-

HB 467-A bill to be entitled An act relating to condominiums;
amending s. 718.103, F.S.; redefining "committee"; providing an
effective date.

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

By Representatives Constantine, Starks, Trovillion, Sublette, Sindler,
Reddick, Casey, and Brown-

HB 469-A bill to be entitled An act relating to community
redevelopment; amending s. 163.380, F.S., which provides requirements
for disposal of property in a community redevelopment area; providing
that certain required notification does not apply when the governing
body is acting as the community redevelopment agency; providing that
the governing body shall prescribe procedures for disposal of real
property when the community redevelopment area is established to
redevelop a closed military base; providing an effective date.

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

JOURNAL OF THE HOUSI

By Representative Chestnut-

HB 471--A bill to be entitled An act relating to middle grade children;
amending s. 125.901, F.S.; providing for state matching of funds for
special districts created to fund children's services if certain
requirements are met; authorizing counties to join in creating an
independent special district; creating s. 39.02532, F.S.; providing
legislative findings regarding support for middle grade children;
amending s. 287.057, F.S.; expanding children's services which are not
subject to competitive sealed bid requirements; requiring demonstration
of fiscal accountability by contractors; amending s. 231.17, F.S.;
requiring development of competencies and certification standards for
teachers and support personnel at the middle grades level; providing for
tuition reimbursement for coursework; amending s. 231.600, F.S.,
relating to professional development; providing for training aimed at the
middle school level; 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 Minton-

HB 473-A bill to be entitled An act relating to hunter safety;
amending s. 372.5717, F.S.; requiring a hunter safety course as a
prerequisite to issuance of a hunting license; eliminating a criminal
penalty; creating a noncriminal penalty; directing the Game and Fresh
Water Fish Commission to develop a voluntary hunter safety course for
juveniles; 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 Martinez-

HB 475-A bill to be entitled An act relating to discretionary sales
surtaxes; amending s. 212.055, F.S.; deleting the expiration date for the
indigent care surtax; 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 Rojas, Arnold, Livingston, and B. Saunders-

HB 477-A bill to be entitled An act relating to sales tax revenues;
providing for deposit of sales tax collections resulting from Hurricane
Opal into the Hurricane Opal Recovery and Rebuilding Trust Fund
under the Department of Community Affairs for a specified period;
authorizing the Governor to transfer funds from the trust fund during
a specified period to specified counties, political subdivisions therein,
state agencies, and the judicial branch, upon application, for relief and
recovery activities related to Hurricane Opal; providing requirements
for such transfers; providing that the Governor shall submit
recommendations regarding certain requests for funding to the
Legislature; prohibiting expenditure of transferred funds for certain
purposes; providing for audits; providing for recovery of improperly
expended funds; providing for transfer of the unobligated balance in the
trust fund to the Working Capital Fund on June 30, 1998; amending s.
215.22, F.S.; exempting the trust fund from the service charge imposed
by s. 215.20(1), 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 Representative Rojas-

HB 479-A bill to be entitled An act relating to the Florida Olympics
Commission; creating the Florida Olympics Commission; providing a
purpose; providing for appointment of commissioners; providing for

March 5, 1996

E OF REPRESENTATIVES 39

duties and responsibilities of the commission; providing for per diem and
travel expenses; requiring financial disclosure; requiring a report;
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 Dennis-

HB 481-A bill to be entitled An act relating to legal holidays;
creating s. 683.22, F.S.; designating the first Wednesday in May of each
year as "Law Day"; providing an effective date.

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

By Representative Stabins-

HB 483-A bill to be entitled An act relating to medical procedures
performed by school district personnel; amending s. 232.46, F.S.;
requiring certain training of school personnel who administer prescribed
medication; requiring review by medical personnel; creating s. 232.465,
F.S.; prohibiting certain medical services by nonmedical school district
personnel; providing for establishment of emergency procedures;
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 the Committee on Juvenile Justice; Representatives Stafford,
Morroni, Villalobos, Chestnut, Martinez, Melvin, Jacobs, Culp, Bush,
Edwards, Heyman, and Rayson-

HB 485-A bill to be entitled An act relating to minors; creating s.
39.0251, F.S.; establishing the street shelter program; providing
legislative intent and definition; providing for program administration
by the Department of Juvenile Justice and county juvenile justice
councils, in cooperation with local government, youth agencies, and area
chambers of commerce; creating s. 39.0252, F.S.; authorizing the
department to establish "weekend academies," as defined, as a
delinquency and gang prevention program; requiring the Juvenile
Justice Advisory Board to establish evaluation criteria; providing for
adoption of rules; creating s. 39.0253, F.S.; authorizing the department
to establish the community street worker program; providing for
adoption of rules; creating s. 39.02531, F.S.; providing for local
establishment of recreational prevention programs; providing for certain
agreements by municipalities and district school boards; providing for
adoption of rules; creating s. 39.02532, F.S.; authorizing certain
diversion programs for nonviolent juvenile offenders; providing for
agreements between the department and the Florida National Guard;
requiring establishment of training criteria by the Juvenile Justice
Standards and Training Commission; amending s. 39.0255, F.S.;
revising certain requirements relating to juvenile civil citations;
amending s. 39.0471, F.S.; requiring juvenile assessment centers to
establish truancy programs; creating s. 233.66, F.S.; providing for
implementation of the Gang Resistance Education and Training
Program; providing responsibilities of the Department of Law
Enforcement, Department of Education, local law enforcement agencies,
and school districts; providing for annual reports to the Legislature and
Governor; creating s. 233.661, F.S.; creating the Gang Resistance
Education and Training Board of Directors; prescribing membership;
providing for per diem and travel expenses of members; amending s.
874.03, F.S.; defining "criminal street gang associate" and revising
certain definitions relating to criminal street gangs; creating s. 874.035,
F.S.; providing for a court proceeding to determine a defendant's
criminal street gang membership for certain sentence reclassification
purposes; amending s. 893.138, F.S., relating to local administrative
action to abate street gang activity; conforming provisions to definitions
relating to criminal street gangs; reenacting s. 895.02(3), F.S., relating
to the definition of "enterprise," to incorporate the amendment to s.
874.03 in a reference; providing an effective date.

40 JOURNAL OF THE HOUSE

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

By Representative Hill--

HB 487-A bill to be entitled An act relating to road designations;
redesignating New Kings Road in the City of Jacksonville as "Arnolta J.
Williams Road"; providing an effective date.

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

By Representative K. Pruitt-

HB 489-A bill to be entitled An act relating to Palm Beach County;
providing for the relief of Michael Todd Hall, to compensate him for
injuries and damages sustained as a result of the negligence of Palm
Beach 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 Rojas-

HB 491-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 Transportation and Rules &
Calendar.

HB 493-SF-Withdrawn

By Representative Dawson-White-

HB 495-A bill to be entitled An act relating to physicians; amending
s. 458.303, F.S.; eliminating reference to physicians' trained assistants
from a provision exempting certain other practitioners from regulation
under specified provisions of ch. 458, F.S., relating to medical practice;
amending s. 458.347, F.S., relating to physician assistants; requiring
third-party payors to reimburse employers of physician assistants for
covered services rendered by certified physician assistants; eliminating
a continuing education requirement relating to the authority to
prescribe certain medication; authorizing educational institutions other
than community colleges to offer physician assistant training programs
for certain unlicensed physicians under certain circumstances;
eliminating the requirement for students in programs at community
colleges to cover the full cost of such instruction; authorizing the
translation of the examination into other languages under certain
circumstances; providing for a one-time extension of temporary
certification; restricting the number of times the examination may be
taken by certain applicants and providing requirements relating to
retaking the examination; requiring the Council on Physician Assistants
to recommend to the appropriate board the certification of physician
assistants; providing for reactivation of inactive or delinquent status
certificates; amending s. 459.022, F.S., relating to physician assistants
under supervision of osteopathic physicians, to conform, as applicable;
amending s. 459.011, F.S., relating to the privileges and obligations of
osteopathic physicians; declaring it state policy that physicians licensed
under ch. 458, F.S., and osteopathic physicians licensed under ch. 459,
F.S., be accorded equal professional status and privileges and providing
requirements with respect thereto; prohibiting certain health-related
entities from discriminating against a licensee on the basis of licensure
under ch. 458, F.S., or ch. 459, F.S.; providing an effective date.

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

il

SOF REPRESENTATIVES March 5, 1996

By Representative Wasserman Schultz-

HB 497-A bill to be entitled An act relating to excise tax on
documents; creating s. 201.032, F.S.; authorizing certain district 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 Educational Facilities, Select,
Finance & Taxation, and Appropriations.

By Representatives Ziebarth, Stabins, Bainter, Kelly, Culp, Gay,
Spivey, Brown, Bullard, Horan, Melvin, Barreiro, Posey, Bronson,
Bloom, and Safley-

HB 499-A bill to be entitled An act relating to library cooperatives;
amending s. 257.42, F.S.; increasing the maximum grant a library
cooperative is eligible to receive from the state; providing an effective
date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Corr mittee(s) on Tourism & Cultural Affairs and
Appropriations.

By Representatives B. Saunders, Greene, and Brown-

HB 501-A bill to be entitled An act relating to the Fair Housing Act;
amending s. 760.29, F.S.; revising provisions relating to qualification as
housing for older persons for purposes of exemption from the Fair
Housing Act; prohibiting county or municipal ordinances contrary to
such provisions; providing immunity from liability for certain money
damages; 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 Livingston, Turnbull, D. Saunders, K. Pruitt, and
Trovillion-

HB 503-A bill to be entitled An act relating to local government
comprehensive planning; amending s. 163.3187, F.S.; revising
provisions which authorize adoption of small scale development
amendments to a local government comprehensive plan without regard
to statutory limits on frequency of plan amendments, to delete certain
required conditions for such amendments; providing an effective date.

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

HB 505-Withdrawn

By Representative Morse-

HB 507-A bill to be entitled An act relating to private investigative,
private security, and repossession services; amending s. 493.6101, F.S.;
redefining the term "private investigation" and defining the term
"felony"; amending s. 493.6102, F.S.; providing additional persons to
whom ch. 493, F.S., is inapplicable; revising language with respect to
applicability; amending s. 493.6105, F.S.; revising requirements for
Class "G" licensees; amending s. 493.6108, F.S.; authorizing rather than
requiring the department to deny a Class "G" license to certain persons;
amending s. 493.6115, F.S.; providing that certain licensees may carry
a 9 millimeter semiautomatic pistol while performing security-related
services; providing training criteria for Class "G" licensees; amending s.
493.6118, F.S.; revising language with respect to grounds for
disciplinary action; amending s. 493.6121, F.S.; providing for compliance

JOURNAL OF THE HOUSE

with certain subpoenas; amending s. 493.6201, F.S.; providing that
certain licensees may perform bodyguard services; amending s.
493.6301, F.S.; revising language with respect to classes of licenses;
amending s. 493.6305, F.S.; requiring return of certain equipment by
licenses upon resignation or termination; creating s. 493.6307, F.S.;
providing for the reclassification of offenses with respect to assault or
battery on security officers; 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 Burroughs-

HB 509-A bill to be entitled An act relating to drug abuse prevention
and control; creating s. 893.01, F.S.; requiring all mental health
professionals and medical professionals to obtain written permission
from the parents or guardian of the child prior to treating the child with
any controlled Schedule II substances; requiring certain information
and identification data and the specialized written consent of the child's
parents or guardian in addition to existing requirements regarding
informed consent; 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 511-A bill to be entitled An act relating to regional autism
centers; transferring, renumbering, and amending s. 393.0697, F.S.;
redesignating the Multidisciplinary Evaluation and Consulting Center
at Florida State University as the Department of Communication
Disorders; establishing an additional regional autism center at the
University of Florida Health Science Center at Jacksonville; providing
for the newly established center to serve specified counties formerly
served by the autism center at the College of Medicine at the University
of Florida; 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 Martinez and Heyman-

HB 513-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 made by the act; amending s. 316.193, F.S.; specifying the blood-
alcohol level or breath-alcohol level that constitutes a crime; revising the
penalty for a third or subsequent 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 that a
blood test may be conducted in an ambulance or similar vehicle;
amending s. 316.1934, F.S.; specifying the blood-alcohol level or breath-
alcohol level that constitutes a crime; providing for presumptions
relating to impairment to be based on blood-alcohol level or breath-
alcohol level; amending s. 322.2615, F.S.; providing for suspension of a
driver's license for an unlawful breath-alcohol level; amending s. 322.62,
F.S.; specifying the blood-alcohol level or breath-alcohol level that
constitutes a crime; providing for measurements of blood-alcohol level or
breath-alcohol level of commercial motor vehicle operators; amending s.
322.64, F.S.; specifying the blood-alcohol level or breath-alcohol level
that 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 level or breath-alcohol level that constitutes a crime; revising the
penalties for subsequent convictions within specified periods for the
offense of operating a vessel while under the influence; extending the
time period for penalty provisions; providing for a minimum period of

March 5, 1996

OF REPRESENTATIVES 41

consecutive incarceration; amending s. 327.352, F.S.; specifying the
blood-alcohol level or breath-alcohol level that constitutes a crime;
amending s. 327.354, F.S.; specifying the blood-alcohol level or breath-
alcohol level that constitutes a crime; providing for presumptions
relating to impairment to be based on blood-alcohol level or breath-
alcohol level; amending s. 550.24055, F.S., pertaining to certain
parimutuel-wagering licensees; revising a cross-reference to conform to
changes made by 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 Fasano, Casey, Ball, Brown, and Minton-

HM 515-A memorial to the Congress of the United States, urging
Congress to appropriate federal funds necessary to build a second state-
owned and state-operated veterans nursing home at a location within
the State of Florida to be determined.

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

By Representative Betancourt-

HB 517-A bill to be entitled An act relating to postsecondary
education; amending s. 239.105, F.S.; providing that supplemental
vocational courses 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; deleting restrictions on the use of capital
improvement 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 and
Appropriations.

HB 519-Withdrawn

By Representatives Martinez, Lippman, Rojas, Safley, Miller, Davis,
Brown, Morse, R. Wallace, Sindler, and Villalobos-

HB 521-A bill to be entitled An act relating to the tax on sales, use,
and other transactions; amending s. 212.08, F.S.; removing the
exemption for newspapers and providing an exemption for certain
newspaper and magazine subscriptions; providing applicability;
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 Albright and Casey-

HB 523-A bill to be entitled An act relating to health care; providing
legislative intent relating to creation of a Department of Health Care
Administration; amending s. 20.04, F.S.; providing an exemption for the
internal structure of the department; amending s. 20.42, F.S.; abolishing
the Agency for Health Care Administration within the Department of
Business and Professional Regulation; establishing the Department of
Health Care Administration; requiring Senate confirmation of the
secretary of the department; providing for appointment of a deputy
secretary; transferring all powers, duties and functions, records,
personnel, property, and appropriations of the agency to the new
department; providing for the continuation of rules; providing for the
effect of the act on pending judicial and administrative proceedings;
amending s. 408.033, F.S.; modifying authority and responsibilities of
local health councils with respect to local and state health planning;
abolishing the Statewide Health Council; amending ss. 240.5121,
408.038, 408.039, and 408.0455, F.S., and repealing ss. 186.003(9) and
186.503(9), F.S., to delete references to the Statewide Health Council;
amending s. 395.604, F.S.; correcting a cross reference; amending ss.

42 JOURNAL OF THE HOUSE

457.102, 458.305,459.003, 460.403,461.003,463.002, 464.003,465.003,
466.003, 467.003, 467.0135, 468.1125, 468.1655, 468.352, 468.503,
478.42, 483.803, 484.002, 484.003, 486.021, 490.003, and 491.003, F.S.;
conforming provisions relating to the regulation of health professionals
to the transfer of authority provided under the act; 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 and Appropriations.

By Representatives Sindler, Kelly, Constantine, Logan, D. Saunders,
Ball, Futch, Chestnut, Bainter, Wise, Jones, Ascherl, Tedder, and
Reddick-

HB 525-A bill to be entitled An act relating to ad valorem taxation;
amending s. 193.441, F.S.; providing legislative findings and
declaration; creating s. 193.625, F.S.; providing for classification and
assessment of high-water recharge lands in counties choosing to have a
high-water recharge protection tax assessment program; providing that
the classification applies only to taxes levied by counties and
municipalities adopting a program; providing procedures and
requirements; providing for appeals to the value adjustment board;
specifying the factors applicable to the classification; providing that
counties that choose to have a high-water recharge protection program
must adopt an assessment formula by ordinance; providing that land
assessed under this program must be used for high-water recharge
purposes for at least 10 years; authorizing municipalities within such
counties to adopt high-water-recharge assessment 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 a short title; providing an effective
date.

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

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

By Representative Healey-

HB 527-A bill to be entitled An act relating to driving under the
influence; repealing s. 316.1934(4), F.S., relating to right to jury trial for
a person charged with specified violations involving driving under the
influence; 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 Rayson-

HB 529 -A bill to be entitled An act relating to education; creating the
"Florida Maximum Class Size Goals Act"; providing intent; providing
goals relating to class size in certain grade levels; providing for funding;
requiring annual reports and a study based on class size reductions;
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 Healey-

HB 531-A bill to be entitled An act relating to lottery revenues;
amending s. 24.121, F.S.; revising the uses of the revenues deposited in
the Educational Enhancement Trust Fund; removing provisions which
require a school to have an approved school improvement plan to receive
funds from the trust fund; amending ss. 229.592 and 230.23, F.S., to
conform; providing an effective date.

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

}]

E OF REPRESENTATIVES March 5, 1996

By Representative Healey-

HB 533-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; repealing s. 2, ch. 95-
284, Laws of Florida, relating to a requirement that the Department of
Environmental Protection conduct a study with respect to emissions
credit generation through disposal of vehicles manufactured prior to
1979; 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.

HB 535-Withdrawn

By Representative Jones-

HB 537 -A bill to be entitled An act relating to chiropractic; amending
s. 460.403, F.S.; revising the definition of the term "practice of
chiropractic" to authorize the ordering, storing, and administering of
prescription medical oxygen and certain topical anesthetics under
certain circumstances; amending s. 460.406, F.S., relating to licensure
as a chiropractor by examination; resolving a conflict between different
versions of certain provisions; authorizing certain applicants to take the
examination; deferring to a later date the requirement that the required
bachelor's degree be separate from the degree of chiropractic; repealing
s. 3, ch. 94-173, Laws of Florida, relating to reinstatement of certain void
licenses to practice chiropractic, the provisions of which are no longer
operable; amending s. 460.408, F.S.; revising requirements relating to
approval of courses for continuing chiropractic education; amending s.
460.413, F.S.; revising grounds for disciplinary action relating to the
prescribing, dispensing, or administering of medicinal drugs and the
keeping of written chiropractic records; increasing the administrative
fine; reenacting ss. 320.0848(7), 455.236(4)(g), and 766.111(2), F.S.,
relating to parking permits for the disabled, prohibited referrals
between health care providers and providers of health care services, and
unnecessary diagnostic testing, to incorporate the amendment to s.
460.413, F.S., in references thereto; repealing s. 460.403(5), (6), (7), (8),
and (9), F.S., relating to various definitions applicable solely to the peer
review process; repealing s. 460.4104, F.S., relating to peer review of
services and fees of licensees under chapter 460, F.S., relating to
chiropractic; providing effective dates.

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 Turnbull, Boyd, and Mackey-

HB 539-A bill to be entitled An act relating to transportation finance
and planning; amending s. 339.12, F.S.; authorizing the Department of
Transportation and the governing body of a governmental entity to enter
into certain agreements to perform a project phase for a road in the State
Highway System under certain circumstances; repealing s. 12 of ch. 90-
227, Laws of Florida; eliminating the repeal of ss. 339.12 and 339.121,
F.S., relating to aid and contributions by governmental entities for
rights-of-way, construction, or maintenance of roads in the State
Highway System, and for public transportation projects; 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 Healey, Kelly, and Bainter-

HB 541-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; specifying the organizations
authorized to conduct bingo and the conditions under which bingo may
be conducted; providing for use of the proceeds; requiring that such
organizations, operators of leased bingo facilities, and distributors of
bingo equipment register with the Division of Licensing of the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Department of State; providing fees; providing requirements relating to
prize limitations; providing requirements and conditions for the conduct
of bingo; providing requirements relating to bingo receipts; requiring
that certain records be kept and affidavits filed with the division;
prohibiting certain activities in- connection with bingo; providing
requirements regarding the location of games and the lease of premises;
providing a criminal penalty; providing for inspections; providing for
denial or revocation of certificates of registration; specifying that stricter
regulations may be adopted by local ordinance; 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 Brown, Horan, D. Prewitt, Spivey, and Miller-

HB 543-A bill to be entitled An act relating to statutory rape;
creating s. 794.051, F.S.; defining statutory rape offenses, and providing
criminal penalties therefore; providing second degree felony penalties for
commission of sexual intercourse, as defined, with a person who is 15
years of age or younger by a person 18 years of age or older; providing
third degree felony penalties for commission of sexual intercourse with
an unemancipated person 16 or 17 years of age by a person 21 years of
age or older; providing for increased penalties when the victim was
under the influence of alcohol or any specified substance; requiring the
ranking of enhanced offenses above the offense committed for sentencing
purposes; requiring a statutory rapist to pay medical costs of resulting
pregnancy and child support; repealing s. 794.05, F.S., relating to carnal
intercourse with unmarried person under 18 years of age; amending s.
775.15, F.S., relating to time limitations, to conform references;
amending s. 921.0012, F.S., relating to the offense severity ranking
chart; classifying specified statutory rape offenses as level 4 or level 5
offenses; creating the "Teen Pregnancy Prevention Act of 1996";
requiring the Governor to appoint a council on teenage pregnancy
prevention and services; requiring a report to the Legislature; 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 Brown, D. Prewitt, Spivey, Dennis, Heyman,
Bullard, and Miller-

HB 545-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.02, F.S.; revising the definition of
"admissions" to include admissions to establishments that offer,
advertise, or engage in adult entertainment services, for purposes of
imposition of tax thereon; amending s. 212.05, F.S.; providing for
imposition of tax on charges for adult personal services; creating s.
561.1107, F.S.; requiring the Division of Alcoholic Beverages and
Tobacco to report to the Department of Revenue persons or
establishments licensed under the Beverage Law that offer such services
and do not have a sales tax dealer's certificate of registration displayed;
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 Bronson, Harris, Casey, Kelly, Laurent, and
Smith-

HB 547-A bill to be entitled An act relating to research; creating the
"Florida Research Partnership Act"; requiring governmental entities to
use the expertise that exists within public and private universities and
colleges; requiring submission of certain information to the Legislature
for approval; requiring agreements; 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 Merchant, Posey, and Fasano-

HB 549-A bill to be entitled An act relating to sexual battery;
amending s. 794.011, F.S.; providing that a person convicted a second or
subsequent time of committing sexual battery against a child less than
a specified age be sentenced to death; providing an effective date.

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

By Representative Ogles-

HB 551-A bill to be entitled An act relating to insurance; amending
s. 626.7451, F.S.; providing for the inapplicability of the section to motor
vehicle insurance contracts; amending s. 627.727, F.S.; providing that a
presumption that an insured was informed, knowing that rejection of
coverage or election of lower limits by signing a form shall be conclusive
against the insurer, its agents, and employees; amending s. 627.728,
F.S.; redefining the term "nonpayment of premium"; amending s.
627.7295, F.S.; revising language with respect to motor vehicle
insurance contracts; providing 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 the Committee on Governmental Operations; Representative
Lawson-

HB 553-A bill to be entitled An act relating to statutorily authorized
entities providing public programs and services; creating s. 20.058, F.S.;
providing legislative intent with respect to such entities; providing
definitions; providing responsibilities of such entities with respect to
development of a research design, evaluation pursuant thereto,
provision for financial audits, and contents of contracts; providing
responsibilities of members and officers of such entities with respect to
use of official position and voting on matters which would result in a
special private gain or loss; providing duties of departments with
administrative responsibility for such entities, department inspectors
general, and the Office of Program Policy Analysis and Government
Accountability; providing restrictions and conditions with respect to
contracting by such entities; providing applicability of other inconsistent
laws; creating s. 20.059, F.S.; specifying applicability of public records
and public meeting provisions to such entities; amending s. 20.055, F.S.;
providing duties of agency inspectors general with respect to such
entities; providing an effective date.

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

By Representatives Lippman, King, Goode, Thrasher, Jones, Albright,
Kelly, Bloom, Garcia, Feren, Starks, Casey, Brooks, Peaden, Arnall,
Fuller, Livingston, Melvin, Morroni, Wise, Lynn, Ball, Warner, Barreiro,
Diaz de la Portilla, Betancourt, Merchant, Villalobos, Morse, Futch,
K. Pruitt, Sanderson, Rojas, Stafford, Brown, Klein, Fasano, Culp,
Harris, Trovillion, Tobin, Crow, Sindler, Sublette, Valdes, Miller,
Bainter, Andrews, Gay, Stabins, Peeples, Bitner, Mackey, Greene,
Flanagan, Ogles, Johnson, Maygarden, and Crist-

HB 555-A bill to be entitled An act relating to health care; creating
the "Public Health and Health Care Administration Act of 1996";
providing legislative intent that the Department of Health 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; amending and renumbering s. 455.2205,
F.S., relating to the Health Care Trust Fund; 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

43

March 5, 1996

44 JOURNAL OF THE HOUSE

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 of Health; establishing purpose and duties
of the department; amending ss. 215.20,391.208,391.217, and 400.5575,
F.S., relating to the Health Care Trust Fund, to correct cross references
and otherwise conform provisions relating to disposition of fees and
administrative fines; creating s. 381.815, F.S.; providing legislative
findings; providing a definition of "minority"; establishing a Minority
Health Program within the Department of Health; providing functions
and responsibilities of the program; amending s. 391.051, F.S., relating
to the qualifications of the director of children's medical services;
providing a cross reference; amending s. 395.701, F.S.; correcting a cross
reference; amending s. 408.003, F.S.; providing responsibilities of the
Health Care Board; providing for administrative location within the
Agency for Health Care Administration of the Department of Health;
amending s. 408.033, F.S.; renaming the Statewide Health Council as
the State Health Council; providing for report to the Secretary of Health;
changing the council membership; amending ss. 186.003, 186.503,
240.5121, 408.038, 408.039, and 408.0455, F.S.; conforming references
to the Statewide Health Council; amending ss. 455.01, 455.02, 455.11,
455.117, 455.201,455.203, 455.204, 455.205, 455.207,455.208, 455.209,
455.211, 455.212, 455.214, 455.2141, 455.2142, 455.2173, 455.2175,
455.218, 455.220, 455.221, 455.2224, 455.223, 455.2235, 455.224,
455.225, 455.227, 455.2273, 455.2275, 455.2277, 455.228, 455.2281,
455.2285, 455.229, 455.232, 455.236, 455.241, 455.2416, 455.243,
455.245, 455.2456, 455.247, 455.26, 455.261, 455.271, 455.273, and
455.275, 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 or to the Department of
Health; amending ss. 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,
467.0135, 468.1125, 468.1135, 468.1655, 468.1665, 468.352, 468.503,
468.703, 478.42, 483.803, 483.805, 484.002, 484.003, 484.011, 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 Department of Health; 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; providing for certain
integration of social, economic, and health services; amending s. 154.02,
F.S.; transferring administration of the Public Health Unit Trust Fund
to the Department of Health; providing for appointment of a transition
advisory committee and for an interagency agreement between the
Department of Health and the Department of Health and Rehabilitative
Services; repealing s. 20.165(2)(f) and (4)(d), F.S., relating to the
Division of Medical Quality Assurance of the Department of Business
and Professional Regulation; repealing s. 381.81, F.S., relating to the
Commission on Minority Health; repealing s. 455.213(6), F.S., relating
to duplicate requirements for physicians' continuing education;
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 Starks, Edwards, Boyd, King, Upchurch,
K. Pruitt, Valdes, Mackenzie, Klein, Kelly, Clemons, Greene, Sindler,
Brown, Spivey, Brennan, Trammell, Bronson, Hafner, Goode, Harris,
Ball, Meek, Tedder, Barreiro, Peaden, Lynn, Sublette, Sanderson,
Johnson, Bullard, Horan, Chestnut, Ziebarth, Sembler, Bloom, Crow,
Maygarden, Casey, Albright, Morse, Diaz de la Portilla, Bush, Crist,
Bitner, Littlefield, Andrews, Cosgrove, Logan, Jones, Betancourt, Feren,
Garcia, Heyman, Stabins, Lacasa, Roberts-Burke, Flanagan, Rojas,
Tobin, Futch, Lippman, Thrasher, Gay, Villalobos, Miller, Melvin,
Ogles, Reddick, Bainter, Trovillion, Brooks, Constantine, Posey,

i]

E OF REPRESENTATIVES March 5, 1996

Dawson-White, Eggelletion, Rayson, Wasserman Schultz, Fuller, Smith,
Wise, Arnall, Hill, Crady, Dennis, Rodriguez-Chomat, Merchant, Culp,
Safley, Warner, Fasano, Burroughs, Minton, Jacobs, Graber, Morroni,
and Geller-

HB 557-A bill to be entitled An act relating to ad valorem tax
administration; amending s. 194.171, F.S.; providing that the property
appraiser's assessment or determination is presumed correct in an
administrative or judicial action in which a taxpayer challenges an
assessment or a denial of an exemption or classified status; defining the
taxpayer's burden of proof; 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 Valdes, Sanderson, and Heyman-

HB 559-A bill to be entitled An act relating to education; amending
s. 230.2316, F.S., relating to dropout prevention; requiring assignment
of a student to a second chance school if the school district has a second
chance school and if specified criteria are met; 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 Jones-

HB 561-A bill to be entitled An act relating to the Department of
Highway Safety and Motor Vehicles; directing the department to
provide, by rule, for the testing, certification, and licensure of persons
who install mobile homes; providing for fees, bonding, and insurance;
providing an exemption; providing for administration; providing for
preemption; 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 Rojas-

HB 563-A bill to be entitled An act relating to criminal mischief;
amending s. 806.13, F.S.; providing that charter counties may adopt
ordinances more stringent than state law with respect to the commission
of criminal mischief for the placing of graffiti on any public or private
property; providing an effective date.

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

Referred to the Committee(s) on Criminal Justice.

By Representative Greene-

HB 565-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.12, F.S.; authorizing a dealer's
credit on amounts in excess of $1,200 collected by a tax collector or tax
collector's branch office acting as direct collection agent for the state;
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 Dennis-

HB 567-A bill to be entitled An act relating to community colleges;
providing an appropriation to the Commissioner of Education to enter
into an agreement with the Southern Regional Education Board to
support a "Compact for Faculty Diversity Program" to increase the
number of minority personnel holding doctoral degrees in selected
Florida community colleges; providing for scholarships; establishing a
process for selection of community college and minority participants;

providing requirements of doctoral candidates; requiring service or
repayment; requiring rules; 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 Bullard-

HB 569-A bill to be entitled An act relating to pregnancy of a minor;
amending s. 39.042, F.S.; providing for the detention of child who is
charged with impregnating a minor; amending s. 39.054, F.S.; providing
for the court to order certain children who have impregnated a minor to
participate in work experience, job training activities, or education for
up to 40 hours per week; creating s. 409.945, F.S.; establishing a pilot
program to make pregnancy prevention services available to certain
males; requiring informed consent; providing incentives; providing
program responsibilities for the Department of Health and
Rehabilitative Services and its secretary; requiring the department to
seek collaboration with medical organizations and contributions;
providing for an evaluation; providing rulemaking authority; amending
s. 415.504, F.S.; providing for the transfer to law enforcement of certain
child abuse reports; amending s. 827.04; F.S.; defining the child abuse
offense of impregnation of a minor which causes birth; providing
penalties; providing for the court to order certain offenders who have
impregnated a minor to participate in work experience or job training
activities for up to 40 hours per week; reenacting s. 787.04(5), F.S.,
relating to removing minors from state agency order or court order, and
s. 914.16, F.S., relating to limits on interviews of child abuse victims, to
incorporate said amendment in references; amending s. 901.15, F.S.,
relating to arrests by law enforcement officers without warrants, to
conform a reference to said amendment; amending s. 921.0012, F.S.,
relating to the offense severity ranking chart; classifying as a level 4
offense the impregnation of a minor which causes birth; specifying
applicability; 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 Stafford and Heyman-

HB 571-A bill to be entitled An act relating to criminal justice;
amending s. 27.255, F.S.; expanding the area where certain state
attorney investigators may serve a witness subpoena or a summons in
a criminal case or investigation; authorizing the investigator to make
such service in those judicial circuits which are contiguous to that circuit
served by the employing state attorney; amending s. 843.08, F.S.,
relating to prohibitions against falsely personating law enforcement
officers; defining the crimes of falsely assuming or pretending to be a
state attorney or assistant state attorney and falsely assuming or
pretending to be the statewide prosecutor or an assistant statewide
prosecutor; providing penalties; providing an effective date.

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

By Representatives Eggelletion, Casey, Klein, Brooks, Jacobs,
B. Saunders, Miller, and D. Prewitt-

HB 573-A bill to be entitled An act relating to Medicaid provider
fraud; amending s. 16.59, F.S.; renaming the Medicaid fraud control
office as the Medicaid Fraud Control Unit and clarifying its investigative
jurisdiction; amending s. 320.025, F.S.; substituting the-Attorney
General for the Auditor General as the head of the Medicaid Fraud
Control Unit to conform with 1994 statutory changes; amending s.
409.910, F.S.; clarifying the location of the Medicaid Fraud Control Unit
as being within the Attorney General's Office and substituting the
Attorney General for the Auditor General as the head of the Medicaid
Fraud Control Unit to conform with 1994 statutory changes; amending
s. 409.913, F.S.; renaming the Medicaid fraud control office of the
Department of Legal Affairs as the Medicaid Fraud Control Unit of the

45

Office of the Attorney General; creating s. 409.9205, F.S.; making
investigators employed by the Medicaid Fraud Control Unit who are
certified under s. 943.1395, F.S., law enforcement officers of the state in
matters of Medicaid fraud; 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 Brown-

HB 575-A bill to be entitled An act relating to trust funds; creating
s. 471.012, F.S.; creating the Florida Professional Engineers
Management Trust Fund within the Department of Business and
Professional Regulation; providing for sources of moneys and purposes;
providing for carryover of funds; amending s. 215.20, F.S., and
reenacting subsections (1) and (3), to apply certain service charges to the
trust fund; providing for future review and termination or re-creation of
the trust fund; providing a contingent 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 Upchurch, Kelly, Crady, Smith, Boyd, Ziebarth,
Mackey, Chestnut, Bush, Stabins, and Lynn-

HB 577-A bill to be entitled An act relating to educational facilities;
amending s. 235.435, F.S.; authorizing district school boards, at their
discretion, to use allocated funds from the Public Education Capital
Outlay and Debt Service Trust Fund for various purposes; 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 Wise, Rojas, Smith, Ogles, Stafford, Posey, Safley,
Boyd, Mackey, Fuller, Fasano, Lawson, Heyman, Logan, Trammell,
Tobin, Futch, Barreiro, Flanagan, Casey, Ball, Brown, and Minton-

HM 579-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 Bloom, Kelly, Brennan, Chestnut, D. Prewitt,
King, Bullard, Cosgrove, Frankel, Spivey, Brown, Wasserman Schultz,
Roberts-Burke, Heyman, Greene, and Mackenzie-

HB 581-A bill to be entitled An act relating to nursing; amending s.
464.003, F.S.; replacing the definition of "department" with the
definition of "agency" to conform to current law under which the Agency
for Health Care Administration is responsible for the regulation of
nursing; revising the definition of "advanced or specialized nursing
practice" to authorize diagnosis, treatment, and prescription of
controlled substances under certain circumstances and to revise
provisions relating to membership on the joint committee responsible for
identifying and approving the various medical acts that advanced
registered nurse practitioners may perform; providing for appointment
and terms of members; amending s. 464.004, F.S.; increasing the
membership of the Board of Nursing and providing for appointment and
terms of the new members; amending s. 464.012, F.S.; revising various
certification requirements for advanced registered nurse practitioners;
authorizing advanced registered nurse practitioners to order diagnostic
tests and physical and occupational therapy under certain
circumstances; amending ss. 464.008, 464.009, 464.013, 464.014,
464.018, and 464.019, F.S.; conforming terminology; clarifying a ground
for disciplinary action relating to possession, sale, or distribution of
controlled substances; amending s. 893.02, F.S.; revising the definition

March 5, 1996

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

of "practitioner" applicable to provisions governing drug abuse
prevention and control, to include advanced registered nurse
practitioners who hold a valid federal controlled substance registry
number; creating s. 893.055, F.S.; providing for dispensing of
prescriptions written by advanced registered nurse practitioners;
providing a presumption of validity; requiring the Agency for Health
Care Administration to conduct a study of advanced registered nurse
practitioners; providing for a report; 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 the Committee on Juvenile Justice; Representatives Stafford,
Morroni, Villalobos, Chestnut, Martinez, Melvin, Jacobs, Culp, Bush,
Edwards, and Heyman-

HB 583-A bill to be entitled An act relating to juvenile justice;
creating chapter 1010, F.S., relating to certain juvenile proceedings,
including part I, general provisions, part II, relating to administration
of the juvenile justice system, part III, relating to families in need of
services and children in need of services, part IV, relating to judicial
handling of cases involving juveniles, part V, relating to juvenile justice
programming, and part VI, relating to interstate compact on juveniles;
amending ch. 39, F.S., relating to juvenile proceedings, and transferring
indicated sections or portions thereof to chapter 1010, F.S.; repealing s.
39.0205, F.S., relating to the short title of part II of chapter 39 as the
"Juvenile Justice Reform Act"; repealing ss. 39.0206 and 39.419, F.S.,
relating to the definition of the "department" as the Department of
Juvenile Justice with respect to specified provisions in chapter 39;
providing an effective date.

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

By the Committee on Corrections; Representative Sindler-

HB 585-A bill to be entitled An act relating to the Inmate Welfare
Trust Fund; amending s. 945.215, F.S.; providing for verification to the
Legislature of contracted telephone commission receipts deposited in the
trust fund; providing for expenditure of trust fund moneys for inmate
substance abuse treatment and transition and life skills programs;
providing for development of certain administrative procedures with
respect to telephone calls by inmates; providing for canteen and vending
machine items to be comparatively priced to fair market prices;
providing for increases in inmate weekly discretionary spending
allowance under specified circumstances; providing an effective date.

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

By Representative Ascherl-

HB 587-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 Representative Ascherl-

HB 589-A bill to be entitled An act relating to long-term care
insurance; amending s. 627.9403, F.S.; requiring certain limited benefit
policies to meet certain requirements; providing exceptions and an
exemption; amending s. 627.94071, F.S.; revising the minimum
standards for home health care benefits; amending s. 627.94072, F.S.;
authorizing the Department of Insurance to adopt rules establishing the

minimum values for nonforfeiture benefits that must be offered; creating
s. 627.94073, F.S.; requiring long-term care policies to provide a
minimum grace period for late payment of premium; requiring a notice
of cancellation to the policyholder and to a designated secondary
addressee; requiring insurers to notify policyholders of right to designate
a secondary addressee; requiring reinstatement of a lapsed policy due to
cognitive impairment; amending s. 636.003, F.S.; including home health
care services within the definition of limited health service; amending
s. 636.016, F.S.; requiring certain prepaid limited health service
organization contracts to meet certain requirements; making legislative
findings; requiring the department to appoint an advisory committee
and to make recommendations to the Legislature regarding
standardization of policies; providing an appropriation; providing
effective dates.

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

By Representatives Bloom, Ritchie, Mackenzie, and Safley-

HB 591-A bill to be entitled An act relating to seaports; amending
s. 163.3177, F.S.; providing that the coastal management element of the
required comprehensive plan shall include plans for the orderly
maintenance and use of ports; creating s. 311.105, F.S.; creating the
Florida Seaport Environmental Management Committee; providing for
membership, powers, and duties; providing additional requirements
with respect to certain dredge and fill permits; providing for the review
of certain permit applications; providing for environmental mitigation;
providing for duties of the Department of Environmental Protection;
amending s. 374.976, F.S.; providing that financial assistance for certain
port projects shall not be included in calculating the proportional share
of ad valorem tax collections of the county within which the port is
located; amending s. 380.24, F.S.; providing that all permitting of
dredged material management and other related activities shall be done
by the Department of Environmental Protection; amending s. 403.021,
F.S.; revising language with respect to legislative intent concerning
dredged material management; amending s. 403.061, F.S.; providing
additional powers of the department with respect to the control and
prohibition of pollution to the air and water of the state; providing for
the application of the act; providing an effective date.

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

HB 593-A bill to be entitled An act relating to transportation;
providing legislative intent; amending s. 163.567, F.S.; providing that
certain metropolitan planning organizations shall also be designated as
regional transport authorities; amending s. 163.570, F.S.; authorizing
certain regional transportation authorities to levy certain taxes subject
to referendum approval by voters; providing for the levy of additional
motor fuel taxes; providing for the use of the tax proceeds; providing
additional provisions relating to approval of taxes; amending s. 212.055,
F.S.; authorizing certain regional transportation authorities to levy the
charter county transit system surtax; providing for voter approval;
providing for use of the tax proceeds; amending s. 339.175, F.S.;
conforming to the act; providing an effective date.

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

By Representative Logan-

HB 595-A bill to be entitled An act relating to voter registration;
amending s. 97.012, F.S.; requiring the Secretary of State to create and
maintain a central voter file; amending s. 97.021, F.S.; defining "central
voter file"; creating s. 98.097, F.S.; providing for creation and
maintenance of the central voter file; providing applicability of current
requirements relating to distribution and use of voter registration

46

March 5, 1996

JOURNAL OF THE HOUSE

information to distribution and use of such information in the central
voter file; amending ss. 98.045 and 98.095, F.S., relating to
administration of voter registration and public access to registration
information, respectively, to conform; amending s. 98.212, F.S.;
requiring supervisors of elections to provide voter registration
information to the Division of Elections of the Department of State for
the central voter file; amending ss. 99.092 and 105.031, F.S.; levying
additional filing fees on all candidates who file with the department;
providing a time limit on such additional fees; amending s. 99.103, F.S.,
to conform; amending s. 125.01, F.S.; correcting a cross reference;
providing effective dates.

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

By Representatives Sublette, Constantine, Posey, Reddick, and
Starks-

HB 597-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
replacement engines, parts, and equipment used in the repair or
maintenance of certain aircraft; 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 599-Withdrawn

HB 601-Withdrawn

By Representative Healey-

HB 603-A bill to be entitled An act relating to trust funds; creating
the Public Safety Trust Fund within the Department of Highway Safety
and Motor Vehicles; providing for sources of moneys and purposes;
providing for future review and termination or re-creation of the trust
fund; providing a contingent effective date.

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

By the Committee on Agriculture & Consumer Services;
Representatives Harris, Sembler, Bronson, Laurent, Fuller, Peaden,
Smith, Wasserman Schultz, Trammell, Boyd, Morse, K. Pruitt, Mackey,
Lawson, D. Saunders, Healey, and Ritchie-

HB 605-A bill to be entitled An act relating to aquaculture;
amending s. 1.01, F.S.; clarifying the definition of "agriculture" for
aquaculture purposes; amending s. 253.67, F.S.; revising the definition
of"aquaculture"; amending s. 253.68, F.S., relating to authority to lease
submerged land and water column; declaring legislative intent to
promote aquaculture production and development; amending s. 253.69,
F.S., relating to application to lease submerged land and water column;
amending s. 253.71, F.S.; providing special lease conditions; amending
s. 258.42, F.S., relating to maintenance of aquatic preserves; authorizing
aquaculture leases; amending s. 322.01, F.S.; revising definition of
"farmer" as used in the chapter on drivers' licenses to include
aquacultural products; amending s. 327.41, F.S.; requiring uniform
marking of aquaculture leaseholds; amending s. 370.021, F.S.; providing
for revocation of certain licenses for taking aquaculture species raised
at a certified facility; amending s. 370.027, F.S.; exempting certain
marine aquaculture products from resource management rules;
amending s. 370.06, F.S.; providing an exemption from saltwater
products licensing; authorizing special activity licenses in certain
instances; amending s. 370.071, F.S.; authorizing the licensure of
aquaculture facilities under certain circumstances; creating s. 370.26,
F.S., relating to marine aquaculture products and producers; providing
duties of the Department of Environmental Protection; providing for
establishment of aquaculture general permits and fees; providing for
establishment of grant programs; amending s. 372.65, F.S.; providing
exemption from certain licensure; deleting a fee requirement; amending

March 5, 1996

By Representative Bloom-

HB 607-A bill to be entitled An act relating to the local option tourist
development tax; amending s. 125.0104, F.S.; providing definitions;
correcting a reference; revising membership criteria for tourist
development councils; providing requirements applicable to activities,
services, and events for which tourist development tax revenues are
expended; revising requirements relating to the use of such tax revenues
for beach improvement and erosion control; repealing s. 125.0104(3)(m),
F.S., which authorizes certain counties to levy an additional 2-percent
tax to retire bonded indebtedness for certain economic development
projects; 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 Smith-

HB 609-A bill to be entitled An act relating to transportation;
amending s. 110.205, F.S.; providing that certain positions in the
Department of Environmental Protection that are assigned the duty of
an Environmental Administrator or program administrator are exempt
from career service; amending s. 332.007, F.S.; revising language with
respect to the authority of the Department of Transportation to fund
master planning and eligible aviation development when federal funds
are not available; amending s. 337.02, F.S.; revising language with
respect to purchases by the department which are subject to competitive
bids; amending s. 337.11, F.S.; authorizing the department to develop
procedures for the administration of maintenance contracts; amending
s. 337.14, F.S.; conforming to the act to exclude maintenance contracts
from the application of the section; amending s. 316.187, F.S.; providing
for the maximum speed limit on certain roads; amending s. 337.251,
F.S.; revising language with respect to the lease of property for joint
public-private development and areas above or below department
property; amending s. 338.223, F.S.; authorizing the department, with
the approval of the Legislature, to use federal and state transportation
funds to lend or pay a portion of the operating, maintenance, and capital
costs of certain toll projects; amending s. 339.08, F.S.; revising language
with respect to the use of moneys in the State Transportation Trust
Fund, to conform to the act; amending s. 339.0805, F.S.; eliminating the

OF REPRESENTATIVES 47

s. 373.046, F.S., relating to interagency agreements; providing
regulatory responsibilities of the Department of Environmental
Protection and water management districts for aquaculture activities;
creating s. 373.1131, F.S.; providing for consolidated action on permits;
amending s. 373.4145, F.S., relating to the Northwest Florida Water
Management District; providing for establishment of exemptions and
general permits for dredging and filling; amending s. 403.814, F.S.;
providing for the establishment of certain general permits; providing for
delegation of authority; amending s. 570.02, F.S.; clarifying the
definition of "agriculture"; amending s. 581.145, F.S.; providing for
issuance of permits for exporting waterhyacinths; amending s. 597.0015,
F.S.; providing definitions relating to aquaculture; amending s. 597.002,
F.S.; revising declaration of public policy respecting aquaculture;
amending s. 597.0021, F.S.; revising provisions relating to legislative
intent; amending s. 597.003, F.S.; revising powers and duties of the
Department of Agriculture and Consumer Services with regard to
aquaculture; creating s. 597.004, F.S.; providing for an aquaculture
certification of registration; providing for fees and deposit thereof;
providing for identification, labeling, and sale of aquaculture products;
creating s. 597.0041, F.S.; providing prohibited acts and penalties;
amending s. 597.005, F.S.; revising membership and responsibilities of
the Aquaculture Review Council; amending s. 812.014, F.S.; increasing
penalties for theft against certified aquaculture facilities; providing
appropriations and requiring the establishment of specified positions;
repealing s. 597.007, F.S., relating to the delegation of permitting;
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.

48 JOURNAL OF THE HOUSE

requirement of a registration fee for certain contractors who have
demonstrated satisfactory project performance; directing the
department to retain certain contract amounts designated for the
disadvantaged business enterprises; creating s. 479.261, F.S.; creating
a logo sign program; providing for purpose and implementation;
authorizing the issuance of logo sign permits; authorizing contracting
for such services; establishing a permit fee cap; providing for rules;
repealing subsection (12) of section 118 of chapter 90-136, Laws of
Florida; abrogating the repeal of s. 334.045, F.S., relating to Department
of Transportation performance and productivity standards; repealing s.
12 ofch. 90-227, Laws of Florida; abrogating the repeal of ss. 339.12 and
339.121, F.S., which provide for aid and contributions by governmental
entities for rights-of-way, construction, or maintenance of roads and
bridges on the State Highway System and public transportation;
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 Sublette-

HB 611-A bill to be entitled An act relating to contracts in restraint
of trade or commerce; amending s. 542.18, F.S.; authorizing enforcement
of reasonable restrictions; providing criteria; providing time limitations
on certain restrictions; providing for enforcement against third-party
beneficiaries; providing criteria for enforcement; providing
presumptions; requiring bond for temporary injunctions; providing for
attorney's fees; repealing s. 542.33, F.S., relating to validity of certain
contracts in restraint of trade; providing application; providing an
effective date.

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

By Representative Jones-

HB 613-A bill to be entitled An act relating to retail finance;
amending s. 516.01, F.S.; providing a definition; amending s. 516.02,
F.S.; limiting security interests secured by land on certain loans;
amending s. 516.031, F.S.; limiting interest rates on certain loans;
amending s. 516.05, F.S.; requiring written notice of a licensee's change
of place of business; requiring certain licensees to maintain separate
locations from secondhand dealers; amending s. 516.33, F.S.; requiring
licensees to display certain notice of licensure; amending s. 520.03, F.S.;
providing an exception from licensure requirements under certain
circumstances; revising certain licensure fee requirements; amending s.
520.07, F.S.; providing additional requirements for retail installment
contracts; amending s. 520.08, F.S.; providing a limitation on certain
finance charges; authorizing the Department of Banking and Finance to
order a refund of certain excessive charges under motor vehicle
installment contracts; amending s. 520.085, F.S.; requiring certain loan
processing fees to be prepaid finance charges; requiring disclosure;
providing a limitation; amending s. 520.34, F.S.; authorizing the
department to order a refund of certain excessive charges under retail
installment contracts; amending s. 520.78, F.S.; authorizing the
department to order a refund of certain excessive charges under home
improvement installment contracts; 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 Ogles-

HB 615-A bill to be entitled An act relating to unemployment
compensation; amending s. 443.036, F.S.; redefining the term
"employment" 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.

I]

E OF REPRESENTATIVES March 5, 1996

By Representative Ascherl-

HB 617-A bill to be entitled An act relating to health insurance;
amending s. 627.6675, F.S.; reducing the percentage cap on premiums
for certain converted policies; 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 Dawson-White-

HB 619-A bill to be entitled An act relating to mobile home
manufacturers; amending s. 320.8225, F.S.; providing that mobile home
manufacturers shall be required to post only one surety bond, cash bond,
or letter of credit, regardless of the number of factory locations, as a
condition of licensure; 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 Villalobos-

HB 621-A bill to be entitled An act relating to regional health
planning; creating s. 408.0331, F.S.; providing legislative findings and
intent; establishing regional health councils; providing for appointment
of members; providing for members' terms; authorizing establishment of
local councils or subcouncils; providing for health services planning
regions; providing responsibilities of the regional health councils;
requiring memorandums of agreement for coordination of services
between regional health councils and regional planning councils,
community health purchasing alliances, health and human services
boards, and local governments; authorizing regional health councils to
employ personnel or contract for staffing services; authorizing councils
to accept funds, grants, and services; requiring report thereof to the
Agency for Health Care Administration and the Legislature; providing
for certain advisory board status; providing for administrative location
under the agency; providing responsibilities with respect to block grant
implementation and health care reform issues; amending ss. 20.42,
186.003, 186.503, 186.507, 186.511, 240.5121, 383.216, 395.604,
400.071, 408.032, 408.035, 408.037, 408.038, 408.039, 408.040,
408.0455, 408.05, 408.061, 408.063, 408.07, 408.09, and 409.9117, F.S.;
conforming to the act references relating to state and local health
councils and health planning; repealing s. 408.033, F.S., relating to
establishment of the local health council and the Statewide Health
Council and to state and local health planning; providing an
appropriation; providing an effective date.

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

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

By Representative Trammell-

HB 623-A bill to be entitled An act relating to the Parole
Commission; amending ss. 947.04 and 947.22, F.S.; authorizing the
chair of the commission to appoint law enforcement officers and limiting
their authority to matters over which the commission has jurisdiction;
excepting such officers from membership in the Special Risk Class of the
Florida Retirement System; providing for a bond; 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 the Committee on Commerce; Representatives Safley, Lippflan,
Maygarden, Clemons, Livingston, Merchant, Jones, Warner, Bradley,
R. Wallace, Villalobos, Lawson, Graber, Kelly, Mackey, Brown, Miller,
Roberts-Burke, Hafner, Sanderson, Arnall, Melvin, Bitner, Klein, and
Lynn-

HB 625-A bill to be entitled An act relating to interstate banking;
amending s. 658.295, F.S.; creating the "Florida Interstate Banking

Act"; providing definitions; providing legislative intent; providing for
application of certain laws; providing authority for the Department of
Banking and Finance to enter into cooperative agreements; specifying
permitted acquisitions; requiring applications for acquisition; specifying
standards for approval; requiring reports; providing penalties; creating
s. 658.2953, F.S.; creating the "Florida Interstate Branching Act";
providing purpose and legislative intent; providing definitions;
prohibiting certain interstate branching under certain circumstances;
authorizing state banks to establish interstate branches under certain
circumstances; authorizing certain merger transactions and branching;
specifying notice and filing requirements; providing for examinations,
periodic reports, and cooperative agreements; authorizing the
department to assess certain fees; specifying laws applicable to
interstate branching operations; providing exceptions; providing for
enforcement; requiring notice of subsequent merger of certain
institutions; authorizing de novo interstate branching by state banks
under certain circumstances; authorizing additional branches under
certain circumstances; requiring notice to establish and maintain a
branch; authorizing relocation of main offices under certain
circumstances; amending s. 658.26, F.S.; clarifying provisions relating
to places of transacting business; specifying permitted banking
activities; amending s. 658.65, F.S.; limiting use of remote financial
service units in this state to certain banks; amending s. 658.922, F.S.;
clarifying which financial institutions may engage in certain business in
this state; amending s. 658.73, F.S.; imposing a fee for out-of-state bank
application; providing severability; repealing s. 658.29, F.S., relating to
prohibitions against certain ownership and control; providing effective
dates.

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

By Representative Martinez-

HB 627-A bill to be entitled An act for the relief of Captain Warwick
G. Cahill; providing an appropriation to compensate him for damages
sustained as a result of the actions of the Department of Business and
Professional Regulation; 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 Eggelletion-

HB 629-A bill to be entitled An act relating to public records
exemptions; amending s. 119.07, F.S.; exempting from public records
any information which identifies current and former investigators of the
Medicaid Fraud Control Unit and their families; providing legislative
intent; providing an effective date.

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

By Representative Bradley-

HB 631-A bill to be entitled An act relating to the City of St.
Petersburg; providing for the relief of Angela L. Brown; authorizing and
directing the City of St. Petersburg to compensate her for severe
personal injuries sustained as a result of the negligence of the City of St.
Petersburg; 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 the Committee on Ethics & Elections; Representatives Upchurch,
Bainter, and Posey-

HB 633-A bill to be entitled An act relating to false or anonymous
political statements; amending s. 104.271, F.S.; eliminating a provision

49

prohibiting candidates falsely or maliciously charging other candidates
with a violation of the election code; expanding coverage of the
prohibition against false statements about opposing candidates, to
include applicability to political parties, political committees,
committees of continuous existence, and persons associated therewith,
and to cover statements about any candidate, not just an opposing
candidate; increasing the civil penalty for violation thereof and
providing requirements with respect to determining the amount thereof;
providing for vicarious and joint and several liability; providing for
judicial review in accordance with the Administrative Procedure Act;
amending s. 106.071, F.S.; providing exemptions from the disclaimer
requirement applicable to independent expenditures; amending s.
106.143, F.S., relating to political advertisements, to conform; revising
provisions relating to the sponsoring of and paying for, or providing in
kind of, political advertisements; 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 Martinez-

HB 635-A bill to be entitled An act relating to stolen motor vehicles;
amending s. 810.08, F.S.; providing penalties for trespass in a
conveyance that is stolen; creating s. 810.081, F.S.; providing prima facie
evidence of the offense of trespass in a stolen conveyance; providing for
a study to determine projected impact of increasing penalties for motor
vehicle theft; amending s. 921.0012, F.S.; providing for additional
specified crimes to be included in the offense severity ranking chart of
the sentencing guidelines; providing an effective date.

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

By Representative Geller-

HB 637-A bill to be entitled An act relating to Medicaid; amending
s. 409.910, F.S.; limits to tobacco companies the third parties against
whom the Agency for Health Care Administration has a cause of action
to recover medical assistance provided by Medicaid; 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 Bullard-

HB 639-A bill to be entitled An act relating to parental involvement
in education; amending s. 229.591, F.S., relating to the school
improvement and education accountability system; creating a state
education goal for parental involvement; 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 Albright-

HB 641-A bill to be entitled An act relating to the State Board of
Administration; amending s. 18.10, F.S.; deleting certain duties of the
State Board of Administration relating to the selection of qualified
public depositories and investments; amending s. 18.101, F.S.; deleting
certain duties of the State Board of Administration relating to the
selection of qualified public depositories and investments and providing
for the assumption of such duties by the Treasurer; amending s. 18.15,
F.S.; deleting duties of the State Board of Administration regarding the
timing of interest on state moneys deposited in qualified public
depositories; repealing ss. 215.84 and 215.845, F.S., relating to
maximum rates of interest on government bonds; amending s. 159.825,
F.S., by deleting provisions regarding the maximum rates of interest on
certain taxable bonds; amending s. 215.44, F.S.; authorizing the State
Board of Administration to enter into certain indemnification
agreements; limiting liability; amending s. 215.47, F.S.; permitting

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

50 JOURNAL OF THE HOUSE

certain investment in private equity through participation in limited
partnerships and limited liability companies; authorizing the State
Board of Administration to invest in domestic and foreign group trusts;
amending ss. 132.38, 159.613, 170.17, 190.014, 190.015, 190.016,
190.023, 215.68, 235.056, 236.68, 237.151, 237.161, 237.171, 243.03,
255.519, 298.29, 418.22, 418.306, 420.503, 420.508, and 421.15, F.S.;
conforming cross references to the act; 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 Turnbull and Heyman-

HB 643-A bill to be entitled An act relating to financial aid for
postsecondary education students; creating s. 240.4041, F.S.; providing
eligibility requirements for state financial aid for a student with a
disability; 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 Fasano and Heyman-

HB 645-A bill to be entitled An act relating to sentencing; amending
s. 921.143, F.S., relating to the appearance of victim or next of kin to
make statement at sentencing hearing; providing for the victim or next
of kin to make a statement at such appearance in conjunction with
submitting a written statement to the state attorney's office to be filed
with the court; requiring the prosecuting attorney to advise the victim
that such statements may relate to any matter relevant to appropriate
disposition and 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.

By Representative Culp-

HB 647-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
nonprofit entities the sole or primary function of which is to raise funds
for organizations which are exempt from said tax; 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 Posey and Constantine-

HB 649-A bill to be entitled An act relating to real estate sales;
amending s. 475.01, F.S.; redefining the terms "fiduciary," "disclosed
dual agent," "transaction broker," and "single agent" and defining the
term "first substantive contact" with respect to real estate brokers and
salespersons; creating s. 475.012, F.S.; providing legislative findings and
intent on presumption of transaction broker relationship; creating ss.
475.015, 475.016, and 475.017, F.S.; providing requirements with
respect to disclosed dual agents, transaction brokers, and single agents,
respectively; prohibiting certain causes of action; amending s. 475.15,
F.S.; eliminating a provision that requires the automatic cancellation of
the registration of a real estate broker partnership upon the lapse in
licensure or registration of any of its partners; amending s. 475.25, F.S.;
revising a ground for disciplinary action to exempt licensees from the
reporting of certain violators; revising disciplinary provisions with
respect to single agency, dual agency, and transaction brokerage, for
which there are penalties; providing that violations of certain standards
of the Appraisal Foundation are grounds for the Florida Real Estate
Commission to deny, revoke, or suspend the license of, or to fine, real
estate brokers or salespersons; providing a penalty for failure to disclose;
creating s. 475.256, F.S.; providing for the abrogation of common law
agency with respect to pt. I of ch. 475, F.S., relating to real estate

IE

SOF REPRESENTATIVES March 5, 1996

brokers, salespersons, and schools; creating s. 475.257, F.S.; authorizing
the use of electronic or facsimile signatures or writing; creating s.
475.258, F.S.; providing that certain disclosure to an agent, broker, or
transaction broker is deemed to satisfy the disclosure requirements of
pt. I of ch. 475, F.S.; creating s. 475.259, F.S.; providing that certain
ministerial acts performed by a real estate broker are not to be construed
as forming a transaction brokerage or agency agreement; creating s.
475.261, F.S.; providing clarification with respect to duty of broker to act
with reasonable skill, care, and diligence; amending s. 475.451, F.S.;
revising provisions relating to the permitting of instructors for
proprietary real estate schools or state institutions; providing permit
renewal requirements; amending s. 475.452, F.S.; providing restrictions
applicable to advance fees for brokers auctioning real property; creating
s. 475.6145, F.S.; providing for a seal for the Florida Real Estate
Appraisal Board to authenticate its proceedings, records, and acts;
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 Lynn-

HB 651-A bill to be entitled An act relating to sovereign immunity;
amending s. 768.28, F.S.; providing that certain providers or vendors of
services to the Alcohol, Drug Abuse and Mental Health Program Office
of the Department of Health and Rehabilitative Services are considered
to be agents of the state while acting within the scope of their
employment; requiring contractual indemnification of the state;
providing an exception; 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 Ascherl-

HB 653-A bill to be entitled An act relating to costs on conviction;
creating s. 939.018, F.S.; authorizing the court to impose an additional
court cost upon a defendant under specified circumstances; providing for
the board of county commissioners to contract with a collection agency
to collect the amount imposed; requiring that such funds collected be
used for purposes relating to court facilities, services, or programs or
otherwise benefiting the local judicial 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 Rodriguez-Chomat and Jacobs-

HB 655-A bill to be entitled An act relating to immigration; creating
the Task Force on Undocumented Immigrants; providing for
appointments, purpose, and duties; providing for a report; providing for
abolishment of the task force; 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 Representative Miller-

HB 657-A bill to be entitled An act relating to the protection of
children from abuse, neglect, and exploitation; amending s. 39.01, F.S.;
redefining the term "abuse"; amending s. 415.503, F.S.; redefining the
term "harm"; requiring the Department of Health and Rehabilitative
Services and the Department of Business and Professional Regulation
to recommend standards and procedures for the training and licensing
of child protective investigators; requiring a report; 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.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Posey-

HB 659-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 Streamlining Governmental
Regulations, Select, and Appropriations.

By Representative Ball-

HB 661-A bill to be entitled An act relating to limitation of actions;
amending s. 95.11, F.S.; providing a conditional lifting of the statute of
limitations with respect to determination of paternity actions; limiting
liability of biological father; providing an effective date.

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

Referred to the Committee(s) on Judiciary.

By Representative Brooks-

HB 663-A bill to be entitled An act relating to state correctional
facilities; creating the "Tobacco-free Prisons Act"; providing legislative
intent; defining the term "tobacco products"; prohibiting an inmate
within a state correctional facility from possessing or using tobacco
products; requiring the superintendent of each correctional facility to
designate a smoking area within the facility for use by employees;
providing certain limitations on areas that may be designated as
smoking areas; providing penalties; 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 Sublette, Constantine, Brooks, and Posey-

HB 665-A bill to be entitled An act relating to corporations not for
profit; amending s. 617.303, F.S.; deleting a provision requiring certain
notice; amending s. 617.305, F.S.; deleting a limitation on certain fines;
deleting a prohibition against suspending certain voting rights;
providing an effective date.

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

Referred to the Committee(s) on Commerce, Appropriations, and
Rules & Calendar.

By Representative Dawson-White-

HB 667-A bill to be entitled An act relating to trauma centers;
amending s. 395.402, F.S.; providing legislative recognition of pediatric
trauma referral centers; prescribing the number and types of patients
to be treated at such centers; amending s. 395.4025, F.S.; providing for
selection of state-approved trauma centers; 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 Posey-

HB 669-A bill to be entitled An act relating to political campaigns;
amending s. 104.271, F.S.; expanding the prohibition against false
statements about candidates; eliminating the requirement of actual
malice; providing for personal liability; providing a civil penalty;
providing an effective date.

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

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

By Representative Tedder-

HCR 671-A concurrent resolution confirming the appointment of
John W. Turcotte as Director of the Office of Program Policy Analysis
and Government Accountability.

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

By the Committee on Business & Professional Regulation;
Representatives Tobin and Wise-

HB 673-A bill to be entitled An act relating to opticianry; amending
s. 484.005, F.S.; authorizing the Board of Opticianry to make rules
relating to procedures for the dispensing of dive masks; amending s.
484.007, F.S., and creating ss. 484.0073 and 484.0075, F.S.; requiring an
optician to have been licensed in this state for a specified minimum
period in order to supervise an apprentice; providing requirements for
licensure as an optician by endorsement; providing rulemaking
authority; amending s. 484.017, F.S.; requiring the board to adopt
criteria for entering into reciprocity agreements with other states;
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 Cosgrove-

HB 675-A bill to be entitled An act relating to Monroe County;
providing for the relief of Deborah Martin; providing an appropriation
to compensate her for injuries and damages sustained as a result of the
negligence of the District Board of Trustees of the Florida Keys
Community 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 Claims and Appropriations.

By Representative Albright-

HB 677-SF-A bill to be entitled A proposal relating to the regulation
of hotels and restaurants.

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 Sembler-

HB 679-A bill to be entitled An act relating to Sarasota County;
providing for the relief of Charles W. Sparling; providing an
appropriation to compensate him for severe injuries resulting from an
accident due to the negligence of Sarasota 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 Flanagan-

HB 681-A bill to be entitled An act relating to domestic violence;
creating the "Children of Domestic Violence Information Act"; amending
s. 741.29, F.S., relating to investigation of domestic violence incidents by
law enforcement officers; requiring inclusion in the written report of
information on certain children who have witnessed or were present
during the incident; providing for an interagency agreement among the
county sheriff, police chiefs, or Florida Department of Law Enforcement
and the school superintendent for the purpose of sharing of such
information; providing an effective date.

51

March 5, 1996

52 JOURNAL OF THE HOUSE

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

Referred to the Committee(s) on Child Abuse & Neglect, Select, and
Appropriations.

By the Committee on Tourism & Cultural Affairs; Representatives
Bloom, Brown, Spivey, Bullard, and Barreiro-

HJR 683-Ajoint resolution proposing an amendment to Section 4 of
Article VII and the creation of Section 22 of Article XII of the State
Constitution relating to local option ad valorem tax assessment of
historic properties.

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

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

By the Committee on Tourism & Cultural Affairs; Representatives
Bloom, Brown, Spivey, and Barreiro-

HB 685-A bill to be entitled An act relating to ad valorem tax
assessment; creating s. 193.503, F.S.; providing for classification and
assessment of eligible property as historic property used for commercial
or certain nonprofit purposes, for purposes of taxes levied by a county or
municipality which adopts an ordinance authorizing such assessment;
providing procedures and requirements; specifying the factors
applicable to such classification; providing for appeals to the value
adjustment board; providing that the owner is liable for deferred tax
liability for prior years in which such classification and assessment was
granted if the property fails to meet qualifying criteria; amending ss.
194.011, 194.032, 194.037, 195.073, and 195.096, F.S., relating to
procedures of the value adjustment boards and classification of real
property, to conform; providing contingent effective dates.

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

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

By Representative Martinez-

HB 687-A bill to be entitled An act relating to councils on children's
services; amending s. 125.901, F.S.; revising membership qualifications
for the judge serving on the council; requiring the chief judge, or a
nonretired sitting judge designated by the chief judge, to serve on the
council in lieu of a juvenile judge; providing an effective date.

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

Referred to the Committee(s) on Juvenile Justice.

By Representatives Trovillion, Constantine, and Brooks-

HB 689-A bill to be entitled An act relating to public records;
creating s. 348.766, F.S.; providing an exemption from public records
requirements for certain information in the possession of the Orlando-
Orange County Expressway Authority relating to the use of a credit card
or check for payment of toll facility charges; 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 Transportation, Governmental
Operations, and Rules & Calendar.

By Representative Smith-

HB 691-A bill to be entitled An act relating to taxation of fuel;
amending ss. 206.41 and 206.87, F.S.; providing an additional tax on
motor fuel, gasohol, and diesel fuel; providing for a credit against such
taxes for certain federal taxes paid; providing for application of
exemptions from such federal taxes; providing for annual adjustment of
the tax rates; providing duties of the Department of Revenue; amending
s. 206.606, F.S.; providing for distribution of the proceeds; providing
effective dates.

I

HB 699-Withdrawn

By Representative B. Saunders-

HB 701--A bill to be entitled An act relating to discipline of students;
amending s. 232.26, F.S., relating to authority of principals; revising
procedures and conditions relating to suspension or expulsion of a
student who is charged with certain actions; reenacting s. 39.045(11),
F.S., relating to notification of delinquent acts, to incorporate the
amendment to s. 232.26, 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 Education and Appropriations.

By Representative B. Saunders-

HB 703-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 and Appropriations.

By Representative Albright-

HB 705-SF-A bill to be entitled A proposal relating to Medicaid
reform.

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

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

E OF REPRESENTATIVES March 5, 1996

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

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

By Representative Arnold-

HB 693-A bill to be entitled An act relating to acquisition of
controlling interest in certain companies; amending s. 628.4615, F.S.;
including title insurers within the definition of specialty insurers;
providing an effective date.

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

Referred to the Committee(s) on Insurance.

By Representative Reddick-

HB 695-A bill to be entitled An act relating to the local option tourist
development tax; amending s. 125.0104, F.S.; revising provisions which
authorize the levy of additional taxes to pay debt service on bonds issued
to finance construction or renovation of a professional sports franchise
facility, convention center, or facility for a new professional sports
franchise, to authorize additional uses for a portion of the revenues of
said taxes; 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 Hill-

HB 697-A bill to be entitled An act for the relief of Jesse Hill;
providing an appropriation to compensate him for damages sustained as
a result of the tortious conduct and negligence of the Department of
Corrections; providing an effective date.

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

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

JOURNAL OF THE HOUSE

By the Committee on Tourism & Cultural Affairs; Representatives
Bloom, Horan, Brown, Mackenzie, Spivey, Livingston, Kelly, and
Bullard-

HB 707-A bill to be entitled An act relating to economic
development; providing responsibilities of the Office of Tourism, Trade,
and Economic Development in the Executive Office of the Governor;
transferring certain portions of the Division of Tourism of the
Department of Commerce to the Tourism Office; transferring certain
portions of the Department of Commerce to the Office of Tourism, Trade,
and Economic Development; amending s. 121.051, F.S.; providing for
continued membership of certain personnel in the Florida Retirement
System; amending s. 272.11, F.S.; requiring the Tourism Office to
operate the Capitol information center; amending s. 288.012, F.S.;
providing for foreign tourism offices; conforming language with respect
to the Tourism Office; authorizing the Tourism Office to establish
foreign offices; providing for the collocation of tourism and trade foreign
offices; providing for retention of international tourism promotional
programs by the Tourism Agency; authorizing the collocation of tourism
and international trade programs in foreign offices; amending s.
288.017, F.S.; providing for the administration of the cooperative
advertising matching grants program by the Tourism Office; revising
certain requirements and deleting certain restrictions; amending s.
288.0575, F.S.; authorizing the Office of Tourism, Trade, and Economic
Development to enter into certain contracts for certain purposes;
amending s. 288.121, F.S.; providing for a change in reference from the
Division of Tourism to the Tourism Office; providing for the
administration of visitors' centers and welcome stations outside this
state; amending s. 288.122, F.S.; clarifying uses of the Tourism
Promotional Trust Fund; amending s. 288.1222, F.S.; providing
definitions; amending s. 288.1223, F.S.; revising the membership and
duties of the Florida Commission on Tourism; transferring the
commission to the Office of Tourism, Trade, and Economic Development;
requiring the commission to assist the Tourism Office; amending s.
288.1224, F.S.; authorizing the commission to contract with a direct-
support organization for certain tourism marketing and promotion
services, functions, and programs; requiring plans; specifying additional
requirements of a marketing plan; conforming language with respect to
the Tourism Office; requiring the commission to create a subcommittee
to develop a plan for protecting and promoting tourism assets of this
state; amending s. 288.1226, F.S.; providing that the Florida Tourism
Industry Marketing Corporation is not an agency for certain purposes;
providing additional powers and duties of the corporation; providing for
audit of the corporation by the Office of Program Policy Analysis and
Government Accountability and the Office of Tourism, Trade, and
Economic Development; requiring the corporation to make quarterly
reports to the commission; creating ss. 288.1227 and 288.1228, F.S.;
transferring the duties of the Department of Commerce relating to
promotion of entertainment industries and sports-related industries to
the Office of Tourism, Trade, and Economic Development; authorizing
the office to contract with direct-support organizations; amending s.
288.124, F.S.; authorizing the Tourism Office to establish a convention
grants program; providing for preferences in awarding grants;
amending s. 320.08058, F.S.; correcting a cross reference; providing for
affect on certain judicial and administrative proceedings; protecting the
validity of certain contracts between the Department of Commerce and
other agencies or entities; providing for a contingent reversion to the
General Revenue Fund of certain funds appropriated to the Division of
Economic Development of the Department of Commerce; providing
appropriations; directing the Division of Statutory Revision to change
certain references to the Division of Tourism to the Tourism Office and
references to the Department of Commerce to the Office of Tourism,
Trade, and Economic Development; providing severability; providing
legislative intent; providing a contingent effective date.

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

By the Committee on Tourism & Cultural Affairs; Representatives
Bloom, Roberts-Burke, Brown, Kelly, and Livingston-

HB 709-A bill to be entitled An act relating to the Florida Tourism
Industry Marketing Corporation; amending s. 288.1226, F.S.; providing
an exemption from public records requirements for the identity of

March 5, 1996

OF REPRESENTATIVES 53

persons responding in connection with marketing or research projects
conducted by the corporation and trade secrets obtained pursuant
thereto; 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 Rules
& Calendar.

By Representatives Tobin, Ziebarth, Andrews, Tedder, Starks,
D. Saunders, Morroni, Hafner, Brown, Ogles, Wise, Morse, Valdes,
Sindler, Bush, Crist, Horan, Lippman, and Jones-

HB 711-A bill to be entitled An act relating to the regulation of
professions and occupations; amending ss. 326.002, 326.003, 326.004,
and 326.006, F.S., relating to the "Yacht and Ship Brokers' Act";
transferring the regulation of yacht and ship brokers from the Division
of Florida Land Sales, Condominiums, and Mobile Homes of the
Department of Business and Professional Regulation to the Division of
Professions of the department; conforming terminology; amending s.
402.48, relating to health care services pools, and repealing a conflicting
version of paragraph (8)(d), relating to payment of judgments from an
escrow account or letter of credit; transferring the regulation of health
care services pools from the Department of Business and Professional
Regulation to the Agency for Health Care Administration; conforming
terminology; amending s. 455.203, F.S.; providing that a licensee
acknowledges compliance with all requirements for renewal upon
submitting the appropriate renewal fees to the Department of Business
and Professional Regulation or the Agency for Health Care
Administration, as applicable; amending s. 455.217, F.S.; providing for
licensing and certification examinations to be competitively bid under
certain circumstances; amending s. 455.219, F.S.; authorizing
regulatory boards, or the department if there is no board, to charge a fee
for authorized inspections; amending s. 455.227, F.S.; exempting
licensees participating in mediation or professional review proceedings
from being disciplined for failing to report violators; amending s.
468.542, F.S.; providing definitions for classes of water and wastewater
operators; defining "operator trainee"; amending s. 468.543, F.S.;
providing for the registration of water and wastewater operator
trainees; amending s. 468.547, F.S.; providing a registration fee;
amending s. 468.549, F.S.; providing for continuing education
requirements for water and wastewater operators; amending s. 468.551,
F.S.; prohibiting operation of water or domestic wastewater treatment
plants by unregistered operator trainees; providing penalties; amending
s. 468.627, F.S.; revising an exemption from examination fees applicable
to building code administrators and inspectors for employees of local
government agencies having building code inspection, regulation, and
enforcement responsibilities; amending s. 469.001, F.S.; revising
definitions applicable to asbestos abatement; amending s. 469.002, F.S.;
revising an exemption relating to asbestos-related activities by
governmental employees; amending s. 469.004, F.S.; exempting asbestos
consultants from licensure under certain circumstances relating to the
moving, removal, or disposal of asbestos-containing roofing materials;
amending s. 469.006, F.S.; eliminating reference to consultant or
contractor seals, and requiring a signature instead; repealing s. 469.015,
F.S., relating to seals; amending s. 470.0085, F.S., relating to the
embalmer apprentice program; providing applicability with respect to
certain students; amending s. 470.009, F.S.; reorganizing provisions
relating to licensure as a funeral director by examination, to clarify
applicability of the internship requirement; amending s. 470.024, F.S.;
providing licensing limitations with respect to colocated facilities;
requiring the relicensure of funeral establishments whose ownership
has changed; amending s. 470.029, F.S.; providing a filing date for
monthly reports on final dispositions; amending s. 470.0301, F.S.;
providing requirements for registration of centralized embalming
facilities; providing for application, late, and inspection fees; creating s.
470.0315, F.S.; providing for the storage, preservation, and
transportation of human remains; creating s. 470.0355, F.S.; providing
for the identification of human remains; amending s. 473.306, F.S.;
providing for appointment of an Educational Advisory Committee for
purposes of maintaining proper educational qualifications for licensure
of certified public accountants; creating s. 473.3065, F.S.; establishing

54 JOURNAL OF THE HOUSE

the Certified Public Accountant Education Assistance Program;
providing for scholarships to eligible students; providing for the funding
of scholarships; requiring Board of Accountancy rules; providing a
penalty for certain violations; creating an advisory committee to assist
in program administration; amending s. 473.312, F.S.; providing for
appointment of a Continuing Professional Education Advisory
Committee for purposes of maintaining proper continuing education
requirements for renewal of licensure of certified public accountants;
amending s. 474.203, F.S.; revising exemptions from veterinary practice
regulations relating to the holders of veterinary faculty certificates and
to certain persons assisting a licensed veterinarian; providing an
exemption for registered interns and residents; providing an exemption
for out-of-state licensees whose presence is requested by an in-state
licensee and prohibiting such a licensee from applying for a premises
permit; amending s. 474.214, F.S.; increasing the administrative fine the
Board of Veterinary Medicine may impose as a disciplinary measure;
reenacting ss. 474.207(2) and 474.217(2), F.S., relating to licensure
qualifications and licensure by endorsement, to incorporate the
amendment to s. 474.214, F.S., in references thereto; amending s.
474.215, F.S.; requiring limited service veterinary medical practice
permittees to register each location; providing a registration fee for such
purpose; amending s. 475.01, F.S.; redefining the terms "fiduciary,"
"disclosed dual agent," "transaction broker," and "single agent" and
defining the term "first substantive contact" with respect to real estate
brokers and salespersons; creating ss. 475.015, 475.016, and 475.017,
F.S.; providing requirements with respect to disclosed dual agents,
transaction brokers, and single agents, respectively; prohibiting certain
causes of action; amending s. 475.15, F.S.; eliminating a provision that
requires the automatic cancellation of the registration of a real estate
broker partnership upon the lapse in licensure or registration of any of
its partners; amending s. 475.25, F.S.; revising a ground for disciplinary
action to exempt licensees from the reporting of certain violators;
revising disciplinary provisions with respect to single agency, dual
agency, and transaction brokerage, for which there are penalties;
providing that violations of certain standards of the Appraisal
Foundation are grounds for the Florida Real Estate Commission to deny,
revoke, or suspend the license of, or to fine, real estate brokers or
salespersons; providing a penalty for failure to disclose; creating s.
475.256, F.S.; providing for the abrogation of common law agency with
respect to pt. I of ch. 475, F.S., relating to real estate brokers,
salespersons, and schools; creating s. 475.257, F.S.; authorizing the use
of electronic or facsimile signatures or writing; creating s. 475.258, F.S.;
providing that certain disclosure to an agent, broker, or transaction
broker is deemed to satisfy the disclosure requirements ofpt. I ofch. 475,
F.S.; creating s. 475.259, F.S.; providing that certain ministerial acts
performed by a real estate broker are not to be construed as forming a
transaction brokerage or agency agreement; creating s. 475.261, F.S.;
providing clarification with respect to duty of broker to act with
reasonable skill, care, and diligence; amending s. 475.451, F.S.; revising
provisions relating to the permitting of instructors for proprietary real
estate schools or state institutions; providing permit renewal
requirements; amending s. 475.452, F.S.; providing restrictions
applicable to advance fees for brokers auctioning real property; creating
s. 475.6145, F.S.; providing for a seal for the Florida Real Estate
Appraisal Board to authenticate its proceedings, records, and acts;
amending s. 477.011, F.S.; renaming the "Florida Cosmetology Act" as
the "Florida Barbering and Cosmetology Act"; combining barbering and
cosmetology within a single practice act; amending s. 477.012, F.S.,
relating to purpose, to conform; providing legislative intent; amending
s. 477.013, F.S.; revising and providing definitions; amending s.
477.0135, F.S., relating to exemptions, to conform; amending s. 477.015,
F.S.; creating the Board of Barbering and Cosmetology and providing for
its members and duties; amending s. 477.017, F.S.; providing for legal,
investigative, and inspection services by the Department of Business
and Professional Regulation; amending s. 477.019, F.S.; revising
qualifications for licensure as a barber or cosmetologist; providing for
biennial renewal; providing for a restricted barbering license; providing
continuing education requirements; amending s. 477.0212, F.S., relating
to inactive status, to conform; eliminating a reference to reactivation and
renewal fees; amending s. 477.022, F.S., relating to examinations, to
conform; providing requirements relating to reexaminations;
eliminating an obsolete provision relating to testing facilities; amending

ii

E OF REPRESENTATIVES March 5, 1996

and renumbering s. 477.0201, F.S.; revising specialty registration
requirements; providing for biennial renewal; amending s. 477.025, F.S.;
revising licensure provisions for barbershops and cosmetology and
specialty salons; requiring display of establishment and practitioner
licenses and registrations; providing for the licensure of mobile
barbershops, mobile cosmetology salons, and mobile specialty salons;
amending and renumbering s. 477.0263, F.S., relating to services
authorized to be performed in licensed barbershops and salons, to
conform; amending s. 477.026, F.S.; revising and providing fees;
eliminating a provision relating to submission of a proposed budget;
amending and renumbering s. 477.023, F.S., relating to licensure of
schools, to conform; amending and renumbering s. 477.0132, F.S.,
relating to hair braiding registration; providing for biennial renewal;
amending and renumbering s. 477.0265, F.S., relating to prohibited acts,
to conform; amending s. 477.029, F.S.; revising and providing grounds
for discipline; providing penalties; amending s. 477.031, F.S., relating to
civil proceedings; amending and renumbering s. 476.254, F.S., relating
to a saving clause, and repealing the remainder of chapter 476, F.S.,
relating to barbering, to conform; repealing ss. 477.014, 477.016,
477.018, 477.0213, and 477.028, F.S., relating to qualifications for
practice, rulemaking, investigative services, cosmetology graduates of
the Florida School for the Deaf and the Blind, and disciplinary
proceedings, to conform; amending ss. 20.165, 455.2228, and 480.034,
F.S.; correcting references; providing for a transitional Board of
Barbering and Cosmetology; providing for continuation of current rules,
contracts, investigations, and prosecutions; renaming the Board of
Massage as the Board of Massage Therapy and transferring the board
to the Agency for Health Care Administration; amending ss. 20.165,
20.42, 480.033, 480.035, 480.039, 480.041, 480.042, 480.0425, 480.043,
480.044, 480.046, 480.047, and 480.049, F.S., to conform; amending s.
480.032, F.S.; providing legislative intent with respect to regulation of
the practices of massage therapy and reflexology by a single board;
amending s. 480.033, F.S.; defining the terms "reflexology" and
"reflexologist"; creating s. 480.0481, F.S.; providing for qualification,
licensure, and provisional licensure of reflexologists; providing fees;
providing for adoption of rules governing the licensure and operation of
reflexology establishments; creating s. 480.0482, F.S.; establishing
examination requirements; providing for licensure by examination or
without examination for an interim period; amending s. 480.047, F.S.;
prohibiting certain acts relating to reflexology; providing penalties;
providing an appropriation relating to reflexology; amending s. 480.044,
F.S.; providing for a nonrefundable fee for all applications; amending s.
489.103, F.S.; limiting the ordinances, rules, or regulations that a
municipality or county may adopt with respect to the installation or
maintenance of water conditioning units; providing an exemption from
regulation for the sale, delivery, assembly, or tie-down of prefabricated
portable sheds under specified circumstances; amending s. 489.105,
F.S.; revising and providing definitions applicable to contractors;
amending s. 320.8245, F.S.; providing for certain persons to be
designated as qualified to alter or modify mobile homes and recreational
vehicles; requiring a study of the structure and composition of regulatory
boards; requiring a report; amending s. 489.113, F.S.; revising
provisions that authorize persons who are not certified or registered to
perform construction work under the supervision of a person who is
certified or registered; providing that expansion of the scope of practice
of any type of contractor does not limit the scope of practice of any
existing type of contractor unless the Legislature expressly provides
such limitation; repealing s. 489.1135, F.S., relating to the designation
and certification of underground utility and excavation contractors for
businesses that were qualified by the Department of Transportation by
a specified date; amending s. 489.115, F.S.; authorizing
certificateholders and registrants to apply continuing education courses
earned under other regulatory provisions under certain circumstances;
amending s. 489.119, F.S.; detailing what constitutes an incomplete
contract for purposes of temporary certification or registration of a
business organization; amending s. 489.127, F.S.; revising and providing
penalties applicable to violations of construction contracting provisions;
amending s. 489.131, F.S., relating to applicability; correcting a cross
reference; amending s. 489.140, F.S.; eliminating a provision that
requires the transfer of surplus moneys from fines into the Construction
Industries Recovery Fund; amending s. 489.141, F.S.; clarifying
provisions relating to conditions for recovery from the fund; eliminating

a notice requirement; revising a limitation on the making of a claim;
amending s. 489.142, F.S.; revising a provision relating to powers of the
Construction Industry Licensing Board with respect to actions for
recovery from the fund, to conform; amending s. 489.143, F.S.; revising
provisions relating to payment from the fund; amending s. 489.503, F.S.,
relating to exemptions from part II of chapter 489, F.S., relating to
electrical and alarm system contracting; revising an exemption that
applies to school boards, the Board of Regents, and community colleges,
to reduce the applicable cost threshold; revising an exemption relating
to public utilities; clarifying an exemption relating to the sale or
installation of certain finished products, materials, or articles of
merchandise; revising an exemption that applies to telecommunications,
community antenna television, and radio distribution systems, to
include cable television systems; providing exemptions relating to
personal emergency response systems; providing exemptions relating to
the monitoring of alarm systems by law enforcement employees or
officers or fire department employees or officials, by employees of state
or federally chartered financial institutions, or by employees of a
business; amending s. 489.505, F.S.; revising the definitions of "alarm
system" and "alarm system contractor" and providing definitions for
"personal emergency response system" and "monitoring"; amending s.
489.507, F.S.; revising membership of the Electrical Contractors'
Licensing Board; amending s. 489.509, F.S.; changing the due date for
the biennial renewal fee for certificateholders and registrants;
transferring a portion of fees paid at the time of application or renewal
to the Department of Education to fund certain projects or continuing
education programs relating to the building construction industry and
providing requirements with respect thereto; providing for
appointments to the Building Construction Industry Advisory Council;
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 s. 489.516, F.S.; providing requirements with
respect to monitoring; creating s. 489.5165, F.S.; providing for the
regulation of monitoring; requiring certification and providing
qualifications and procedures therefore; providing grounds for
disciplinary action; providing penalties; providing fees; providing
applicability to local occupational licenses and permits and to certified
electrical and alarm system contractors; amending s. 489.517, F.S.;
authorizing certificateholders and registrants to apply continuing
education courses earned under other regulatory provisions under
certain circumstances; amending s. 489.521, F.S.; providing conditions
on qualifying agents qualifying more than one business organization;
providing for revocation or suspension of such qualification for improper
supervision; amending s. 489.525, F.S.; changing the date for the
Department of Business and Professional Regulation to inform local
boards and building officials of the names of all certificateholders and
the status of the certificates; amending s. 489.531, F.S.; revising and
providing penalties applicable to violations of electrical and alarm
system contracting provisions; reenacting s. 489.533(1)(a) and (2), F.S.,
relating to disciplinary proceedings, to incorporate the amendment to s.
489.531, F.S., in a reference thereto; amending s. 489.537, F.S., relating
to certain alarm system contractor registration; eliminating reference to
monitoring, to conform to other provisions of the act; providing an
appropriation relating to monitoring; authorizing the department to sell
a specified regional service center; providing for deposit and distribution
of the proceeds from the sale; amending ss. 489.539 and 553.19, F.S.;
providing for adoption of current electrical standards by rule; amending
s. 553.06, F.S.; requiring the Board of Building Codes and Standards to
adopt alternative standards for testing water treatment units under
certain circumstances; amending s. 553.504, F.S.; revising the required
dimensions of water closet seats; amending s. 553.63, F.S., relating to
trench excavations in excess of a specified depth; deleting a provision
requiring contract bids to include certain items; repealing s. 553.64, F.S.,
relating to certain requirements for contract bids; creating s. 501.214,
F.S.; providing requirements relating to home-inspection reports;
providing legislative intent; providing definitions; providing
exemptions; requiring, prior to inspection, provision of inspector
credentials, a caveat, a disclosure of conflicts of interest and certain
relationships, and a statement or agreement of scope, limitations, terms,
and conditions; requiring a report on the results of the inspection;
providing prohibited acts, for which there are civil penalties; amending

55

s. 509.072, F.S.; limiting uses of moneys deposited into the Hotel and
Restaurant Trust Fund from the assessment against public lodging and
public food service establishments; amending s. 509.302, F.S.;
prescribing additional duties of the director of the Division of Hotels and
Restaurants and the director of education of the Hospitality Education
Program; authorizing such program to affiliate with certain institutions
in the State University System; providing budgetary requirements for
such program; revising funding and oversight provisions relating to
school-to-career transition programs in the hospitality services field;
amending s. 509.291, F.S.; increasing the membership of an advisory
council; amending s. 713.01, F.S., relating to the Construction Lien Law;
revising certain definitions to include solid-waste collection and disposal
activities; amending s. 713.03, F.S.; including professional geologists
within provisions regulating liens for professional services; amending ss.
255.05, 713.05, 713.06, and 713.08, F.S., relating to construction liens;
providing for the payment of unpaid finance charges due under a
claimant's contract; amending s. 713.135, F.S.; revising provisions with
respect to notice of commencement with respect to building permits;
providing grounds for disciplinary action for failure to verify a certified
copy of the notice of commencement under certain circumstances, for
which there are penalties; requiring counties and municipalities to
submit an affidavit to the Advisory Council on Intergovernmental
Relations relating to the issuance of building permits; amending s.
468.621, F.S., relating to disciplinary proceedings applicable to building
code administrators and inspectors, to conform; amending s. 713.20,
F.S.; providing conditions and forms for the execution of a waiver or
release of a lien; providing effective dates.

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 Graber, Miller, Jacobs, Rayson, B. Saunders,
Eggelletion, Goode, Lippman, Brown, and Starks-

HB 713-A bill to be entitled An act relating to education funding;
providing for an increase in general revenue earmarked for education;
requiring implementation; providing an effective date.

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

By Representatives Bronson, Harris, Posey, Kelly, Laurent, and
Edwards-

HB 715-A bill to be entitled An act relating to taxation of fuel;
amending s. 206.606, F.S.; revising the amount of the proceeds from the
tax on the sale of motor fuel and diesel fuel which is transferred to the
Department of Environmental Protection annually; revising the use of
such proceeds and providing an additional use; amending s. 336.025,
F.S.; revising the definition of "transportation expenditures" for
purposes of the use of the proceeds of the local option fuel tax for county
transportation systems, to include management activities in water
bodies infested with aquatic plants; providing effective dates.

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

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

By Representatives Heyman, Turnbull, Betancourt, D. Prewitt, Lynn,
Bloom, Culp, Roberts-Burke, and Frankel-

HB 717-A bill to be entitled An act relating to records of the
Department of Highway Safety and Motor Vehicles; creating s. 119.17,
F.S., the "Uniform Motor Vehicle Records Disclosure Act"; providing
intent and definitions; providing an exemption from public records
requirements for personal information obtained by the department in
connection with motor vehicle records; authorizing disclosure for
specified purposes pursuant to specified federal acts; authorizing
disclosure with the consent of the person who is the subject of a record;
authorizing disclosure for certain specified uses; authorizing the

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

department to impose conditions upon requests for disclosure;
authorizing certain resale or redisclosure by authorized recipients of
such information and requiring such persons to maintain records;
providing a penalty; amending s. 319.17, F.S., relating to indexes and
records of motor vehicles and mobile homes, s. 319.25, F.S., relating to
title records, s. 320.05, F.S., relating to registration records, and s.
322.20, F.S., relating to driver's license records, to conform; 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 Transportation, Governmental
Operations, Appropriations, and Rules & Calendar.

By Representatives Bronson, Merchant, Cosgrove, Posey, Trovillion,
and Constantine-

HB 719-A bill to be entitled An act relating to golf carts; providing
definitions; allowing a county or municipality to adopt a golf-cart-
transportation plan; providing requirements for the contents of the plan;
providing that it is a noncriminal infraction to operate a golf cart in a
plan area in violation of this act; providing a penalty; requiring the
registration and licensure of golf carts as motor vehicles in specified
circumstances; requiring a county or municipality that adopts a golf-
cart-transportation plan to send certain materials to the Department of
Transportation and to provide the department with an annual report;
requiring the department to submit to the Legislature by a specified
deadline a report that includes recommendations for retaining or
amending provisions relating to golf-cart transportation plans;
amending s. 316.212, F.S.; expanding the conditions under which a golf
cart may be operated on certain roadways; requiring additional
equipment to be installed on golf carts that are operated in specified
circumstances; 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 Greene-

HB 721-A bill to be entitled An act relating to community colleges;
creating s. 240.3115, F.S.; requiring the State Board of Community
Colleges to establish a program, entitled Professional Program
Preparation, to increase minority representation in limited access
programs; providing program requirements; providing for scholarships;
providing an appropriation; providing an effective date.

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

HB 723-A bill to be entitled An act relating to ad valorem tax
exemption; amending s. 196.011, F.S.; authorizing the granting of
exemption to property entitled to a charitable exemption for which
application was not timely filed under certain circumstances; providing
for cancellation of taxes assessed and outstanding tax certificates;
providing a retroactive 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 Carlton, Crow, Lacasa, Peeples, D. Prewitt,
Flanagan, Miller, Andrews, Sanderson, Arnold, Merchant, Brown, Culp,
Upchurch, Feren, Futch, Warner, Rodriguez-Chomat, Fasano, Morroni,
Greene, and Wise-

HB 725-A bill to be entitled An act relating to motor vehicles;
amending s. 319.14, F.S.; including nonconforming vehicles within a
group of vehicles which must have certain information included on the
certificate of title; providing a definition; 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 Representative Posey-

HB 727-A bill to be entitled An act relating to adoption; creating s.
63.0725, F.S.; providing for the payment of certain fees to the adoptive
parents when a family member of the child is awarded custody of the
child from the adoptive parents; providing that a portion of such fee shall
be awarded to the Department of Health and Rehabilitative Services;
providing for the payment of certain fees to the Department of Health
and Rehabilitative Services; providing an effective date.

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

HB 729-Abill to be entitled An act relating to human rights; creating
s. 402.164, F.S.; providing legislative intent with respect to the duties
and powers of the Statewide Human Rights Advocacy Council and the
local human rights advocacy councils; defining the term "state agencies"
for purposes of ss. 402.165-402.167, F.S.; amending s. 402.165, F.S.;
redesignating the Statewide Human Rights Advocacy Committee as the
Statewide Human Rights Advocacy Council; revising membership of the
statewide council; providing for the statewide council to monitor the
activities of, and investigate complaints against, the Department of
Health and Rehabilitative Services, the Department of Elderly Affairs,
the Department of Juvenile Justice, and the Agency for Health Care
Administration; authorizing the statewide council to request the
assistance of other governmental agencies; authorizing the statewide
council to refer certain cases to the Chief Inspector General; amending
s. 402.166, F.S.; redesignating the district human rights advocacy
committees as the local human rights advocacy councils; providing for
additional local councils to be established; increasing the term of
appointment to a local council; authorizing local councils to employ staff;
requiring each local council to appoint a juvenile justice subcommittee;
providing additional training requirements for members appointed to
the juvenile justice subcommittee; revising the duties of the local
councils to conform to the expanded duties of the statewide council;
amending s. 402.167, F.S.; providing rulemaking authority to the state
agencies subject to investigation by the human rights advocacy councils;
requiring the state agencies to appoint a liaison; providing for the state
agencies subject to investigation by the councils to develop a formula for
sharing the cost of funding certain district staff positions; amending ss.
393.13, 394.459, 394.467, 400.0067, 400.0089, 400.419, 400.428,
415.1034, 415.104, 415.1055, 415.106, 415.107, 415.501, 415.505,
415.51,430.04, F.S.; conforming terminology to changes made by the act;
creating additional positions and providing for funding the positions;
providing effective dates.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations:

By Representatives Trovillion and Lynn-

HB 731-A bill to be entitled An act relating to corrections; amending
s. 947.1405, F.S., relating to the conditional release program; revising
guidelines and time limits with respect to eligibility for release; revising
duties of the Department of Corrections and guidelines relating to
supervision; revising authority of the Parole Commission and guidelines
with respect to revocation of conditional release; amending ss. 775.21
and 775.23, F.S.; correcting cross references; providing an effective date.

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

By Representative K. Pruitt-

HB 733-A bill to be entitled An act relating to the Environmental
Protection Act of 1971; amending s. 403.412, F.S.; limiting standing of

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JOURNAL OF THE HOUSE

the Department of Legal Affairs, political subdivisions, or citizens to
intervene as a party in certain proceedings; including provision for
award of attorney's fees in administrative proceedings under the
Environmental Protection Act of 1971; 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 Morroni-

HB 735-A bill to be entitled An act relating to violations of parole;
amending s. 947.22, F.S.; requiring the Department of Corrections to
pay the costs incurred by a county or municipal law enforcement agency
or detention facility for the arrest and incarceration of a person who has
violated parole, control release, or conditional release; amending s.
948.06, F.S.; requiring the county or municipality to pay such costs if the
person is arrested for violating a law in addition to violating probation
or community control; requiring the department to pay costs of arrest
and incarceration if a person is arrested solely for a violation of
probation or community control; 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 Thrasher-

HB 737-A bill to be entitled An act relating to the Motor Vehicle
Warranty Enforcement Act; amending s. 681.102, F.S.; revising
definitions; amending s. 681.103, F.S.; directing the manufacturer of a
motor vehicle to provide to the dealer who shall provide to the consumer
a written statement about the consumer's rights under the act; repealing
s. 681.108, F.S, relating to dispute settlement procedures; amending s.
681.109, F.S.; revising language with respect to dispute eligibility before
the division and the Florida New Motor Vehicle Arbitration Board;
amending s. 681.1095, F.S.; providing for arbitration before professional
arbitrators; revising language with respect to the Florida New Motor
Vehicle Arbitration Board; amending s. 681.112, F.S.; revising language
with respect to consumer remedies; amending s. 681.114, F.S.;
redefining the term "settlement" to conform to the act; amending s.
681.117, F.S.; revising distribution of a fee; amending s. 681.118, F.S.,
relating to rulemaking authority; providing for applicability; providing
an effective date.

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

By the Committee on Judiciary; Representatives Thrasher and
Feren-

HB 739-A bill to be entitled An act relating to guardians ad litem;
amending s. 415.503, F.S.; deleting a reference to certain screening
standards for guardians ad litem appointed to represent abused or
neglected children under part IV, ch. 415, F.S.; creating s. 415.5077,
F.S.; providing qualification requirements for guardians ad litem;
requiring an employer to furnish personnel records for purposes of
security background investigations; limiting an employer's liability for
information contained in personnel records; providing certain
exemptions; amending s. 61.402, F.S.; providing for security background
investigations of guardians ad litem appointed under ch. 61, F.S.,
relating to actions for dissolution of marriage, support, and custody;
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 Judiciary; Representative Cosgrove-

HB 741-A bill to be entitled An act relating to probate; amending s.
733.707, F.S.; defining the term "right of revocation" with respect to the

March 5, 1996

OF REPRESENTATIVES 57

order of payment of expenses and obligations; amending s. 737.111, F.S.;
revising language with respect to execution requirements for express
trusts; providing for the application of the section; amending s. 737.303,
F.S.; revising language with respect to the duty of the trustee to inform
and account to beneficiaries to require information to the grantor with
respect to certain trusts; providing an effective date.

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

By Representative Tedder-

HB 743-A bill to be entitled An act relating to tax administration;
amending s. 193.062, F.S.; revising the date for filing tangible personal
property tax returns; amending s. 193.063, F.S., which authorizes the
property appraiser to grant an extension for filing tangible personal
property tax returns; removing a limitation on such extension; revising
requirements for the request for an extension; amending s. 199.282, F.S.;
reducing the penalties for failure to timely pay annual or nonrecurring
intangible personal property tax and failure to timely file an annual tax
return; 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 Bronson-

HB 745-A bill to be entitled An act relating to the local option tourist
development tax; amending s. 125.0104, F.S.; providing that certain
high tourism impact counties may impose an additional tax by
ordinance; 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 Johnson-

HB 747-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.

By Representative Tedder-

HB 749-A bill to be entitled An act relating to the tax for water
quality; amending s. 206.9935, F.S.; removing application of the tax to
solvent mixtures; amending ss. 206.9925, 206.9941, and 206.9942, F.S.,
relating to definitions, exemptions, and refunds and credits, to conform;
repealing s. 206.9925(7), F.S., which provides a definition of "solvent
mixture," and s. 206.9942(4), F.S., which provides for a credit or refund
for tax paid on solvents or solvent mixtures subsequently blended into
a solvent mixture subject to tax; 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 Peaden-

HB 751-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).
Referred to the Committee(s) on Streamlining Governmental
Regulations, Select, Finance & Taxation, and Appropriations.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

HB 753-Withdrawn
By Representatives Rayson, Tobin, and Heyman-

HB 755-A bill to be entitled An act relating to boating safety;
creating s. 327.395, F.S.; requiring certain persons who operate certain
vessels to obtain boating safety identification cards; requiring education
courses or examinations; providing for the appointment of agents;
requiring fees; providing exemptions; providing penalties; providing for
the adoption of rules; amending s. 327.54, F.S.; prohibiting the rental of
vessels or personal watercraft to certain persons; requiring the display
of certain information relating to boating safety; providing penalties;
amending s. 327.73, F.S.; revising language with respect to noncriminal
infractions; providing that failure to comply with s. 327.395, F.S., is a
noncriminal infraction; providing for the disposition of criminal
penalties; amending s. 327.731, F.S.; requiring documentation to be filed
with the Department of Environmental Protection; providing a
noncriminal infraction; requiring the compilation of statistics; 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 Roberts-Burke-

HB 757-A bill to be entitled An act relating to securities; creating s.
660.418, F.S.; authorizing certain trust companies or financial
institutions to purchase certain securities under certain circumstances;
providing 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 Tedder-

HB 759-A bill to be entitled An act relating to historical records;
creating s. 257.355, F.S.; creating the Florida Historical Records Grant
Program; providing purpose; providing for adoption of program
guidelines by rule; providing grant application, review, and award
requirements; amending ss. 215.20, 215.22, and 257.375, F.S.;
exempting the Records Management Trust Fund from revenue service
charges and applying an amount from the trust fund equivalent to the
service charge deductions to fund the program; 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 Representatives Livingston, Trovillion, Spivey, Gay, Ball,
B. Saunders, Culp, R. Wallace, Crady, Brown, Maygarden, Posey,
Turnbull, Warner, Ziebarth, Smith, Goode, and Safley-

HB 761-A bill to be entitled An act relating to sales taxes; amending
s. 212.08, F.S.; exempting nonprofit citizen support organizations
designated to support state parks from the tax on sales, use, and other
transactions imposed under ch. 212, F.S.; 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 Miller-

HB 763-A bill to be entitled An act relating to juvenile proceedings;
amending s. 39.052, F.S., relating to delinquency hearings; requiring the
state attorney to file an information for criminal prosecution of a child
as an adult under specified circumstances when the child allegedly has
caused personal injury or death while in possession of a stolen motor
vehicle; providing for prosecution of the driver and passengers of the
stolen vehicle, under specified circumstances; reenacting s. 39.047(4)(e),
F.S., relating to intake and case management for delinquency cases, to

incorporate said amendment in a reference; specifying applicability;
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 Dawson-White-

HB 765-A bill to be entitled An act relating to pediatric health care;
amending s. 408.02, F.S.; providing for development and
implementation of practice parameters and facility standards for the
provision of health care services to children; providing a definition;
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 Peaden-

HB 767-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 that
section; 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 Betancourt, Morse, Lacasa, Klein, Feren,
Cosgrove, Barreiro, Diaz de la Portilla, Stafford, Miller, and Garcia-

HB 769-A bill to be entitled An act relating to school safety;
amending s. 23.1225, F.S., relating to mutual aid agreements; including
school board security agencies; authorizing the appointment of school
district special officers to protect persons and property; providing for the
powers, duties, qualifications, and compensation of such special officers;
amending s. 316.640, F.S., relating to enforcement of traffic laws of the
state; providing authority of public school police officers; 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 Heyman, Warner, Sanderson, Wise, Casey,
Horan, and Dennis-

HB 771-A bill to be entitled An act relating to child welfare;
amending s. 39.405, relating to notice, process, and service in
dependency cases; providing that the Department of Health and
Rehabilitative Services is excused from further search for parents or
custodians after filing the affidavit of diligent search; amending s.
39.4051, F.S., relating to special procedures in dependency cases when
identity or location of parent is unknown, and reenacting s. 39.01(27),
F.S., relating to the definition of "diligent search," and s. 39.462(1)(a),
F.S., relating to process and service in proceedings to terminate parental
rights, to incorporate said amendment in references; providing for notice
by publication under certain circumstances; creating s. 39.4052, F.S.;
requiring written notice to identified adult relatives of a child taken into
care; creating s. 39.4053, F.S.; prescribing duties of the department and
guidelines relating to due diligence in the identification and notification
of parents, relatives, and custodians of a child in departmental custody;
defining "next of kin"; providing for the court to excuse the failure of
certain persons to consent to the adoption of a child, under specified
circumstances; creating s. 39.4695, F.S.; providing for entry of court
orders relating to exercise of residual parental or familial rights
notwithstanding adoption; providing for implementation of a pilot
project with respect to mandatory mediation in proceedings to terminate
parental rights; requiring reports to the Legislature; authorizing the
court to refer the parties to such mediation; providing for
implementation of a pilot project on dependent child custody and foster
care; requiring reports to the Legislature; amending s. 39.41, F.S.,
relating to dependency disposition, to conform to specified provisions for

58

March 5, 1996

JOURNAL OF THE HOUSI

the pilot project; amending s. 39.453, F.S., relating to judicial review in
foster care cases, to conform to specified provisions for the pilot project;
amending s. 39.454, F.S., relating to initiation of termination of parental
rights proceedings, to conform to specified provisions for the pilot
project; 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 Meek-

HB 773-A bill to be entitled An act relating to negligence; amending
and restoring the provisions of s. 768.73, F.S., relating to limitation on
punitive damages, repealed by s. 3 ofch. 92-85, Laws of Florida, effective
July 1, 1995; 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 Healey, Frankel, Greene, Jacobs, Klein, Warner,
Andrews, and Merchant-

HB 775-A bill to be entitled An act relating to Palm Beach County;
amending chapter 67-2169, Laws of Florida, as amended; revising
provisions relating to uses of and trespassing on the West Palm Beach
water catchment area; 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 Martinez, Davis, Miller, Bradley, R. Wallace,
Culp, Littlefield, Ogles, Johnson, Laurent, Safley, and Crist-

HB 777-A bill to be entitled An act relating to building designations;
naming the State Department of Transportation District 7 office
complex in Hillsborough County the "Malcolm E. Beard Transportation
Complex"; providing for the erection of 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 Brown, Gay, Bradley, Ogles, Flanagan, and
Bitner-

HB 779-A bill to be entitled An act relating to building designations;
designating the new Marine Biology Research Center for New College
of the University of South Florida at the Sarasota campus the "Rhoda
and Jack Pritzker Marine Biology Research Center"; designating the
new residence hall for New College of the University of South Florida at
the Sarasota campus the "Dallas and Elizabeth Dort Residence Hall";
directing the Board of Regents to erect suitable markers; 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 Crist-

HB 781-A bill to be entitled An act relating to offenses related to
public roads; repealing s. 861.07, F.S.; relating to criminal penalties for
the obstruction of wagon roads by the felling of trees; repealing s. 861.08,
F.S.; relating to criminal penalties for the obstruction of county and
settlement roads; providing an effective date.

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

March 5, 1996

E OF REPRESENTATIVES 59

By the Committee on Business & Professional Regulation;
Representatives Tobin, Crist, Jones, Morse, Wise, Horan, Bush, Mackey,
Hafner, D. Saunders, Starks, Andrews, and Morroni-

HB 783-A bill to be entitled An act relating to pool/spa contractors;
amending s. 489.105, F.S.; revising definitions relating to the various
types of pool/spa contractors; providing that licensure is required to
install, construct, maintain, or replace equipment permanently attached
to and associated with a pool or spa for the purpose of water treatment
or cleaning of the pool or spa; providing that licensure is not required for
use thereof for such a purpose unless such usage involves construction,
modification, or replacement of such equipment; providing that water
treatment that does not require such equipment does not require
licensure; providing that a license is not required for the cleaning of the
pool or spa in any way that does not affect the structural integrity of the
pool or spa or its associated equipment; providing an effective date.

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

Placed on the Calendar without reference.

By the Committee on Business & Professional Regulation;
Representatives Tobin, Jones, Lippman, Morse, Wise, Bush, Mackey,
Hafner, D. Saunders, Morroni, Andrews, and Brown-

HB 785-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 and providing for a type one
transfer; 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. 480.032, F.S.; providing
legislative intent with respect to regulation of the practices of massage
therapy and reflexology by a single board; amending s. 480.033, F.S.;
revising and providing definitions; amending s. 480.034, F.S.; revising
exemptions from regulation of massage practice under chapter 480;
amending s. 480.035, F.S.; renaming the Board of Massage as the Board
of Massage Therapy; amending ss. 480.0415 and 480.0425, F.S.;
increasing the number of classroom hours of continuing education
required for license renewal or reactivation of an inactive license;
amending s. 480.044, F.S.; revising fees; amending s. 480.046, F.S.;
revising a ground for disciplinary action relating to practicing massage
at certain sites; conforming terminology; amending s. 480.047, F.S.;
prohibiting operating, or advertising or offering massage services of, a
massage establishment, unless duly licensed; prohibiting certain acts
relating to reflexology; providing penalties; creating s. 480.0481, F.S.;
providing for qualification, licensure, and provisional licensure of
reflexologists; providing fees; providing for adoption of rules governing
the licensure and operation of reflexology establishments; creating s.
480.0482, F.S.; establishing examination requirements; providing for
licensure by examination for an interim period; amending ss. 480.031,
480.039, 480.041, 480.042, 480.043, 480.0465, 480.049, and 480.052,
F.S.; revising terminology and providing other technical changes;
revising a reference to a 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 Transportation; Representatives Smith and
Lynn-

HB 787-A bill to be entitled An act relating to transportation;
creating s. 337.025, F.S.; authorizing the Department of Transportation
to establish a program for highway projects demonstrating innovative
techniques of highway construction and finance; providing criteria;
providing limitations; amending s. 337.11, F.S.; providing for bids to the
lowest evaluated responsible bidder with respect to time plus money
contracts; providing for the combination of the design and construction
phases of contracts; providing a limitation on certain projects;
authorizing the department to have unilateral authority to pay
contractors for work performed on a project; providing for the effect of
such unilateral authority; providing an effective date.

60 JOURNAL OF THE HOUE

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

Referred to the Committee(s) on Appropriations.

By Representative Lawson-

HB 789-A bill to be entitled An act relating to weatherization of
residences of low-income households; providing intent and definitions;
authorizing the Department of Community Affairs to appoint
weatherization agencies in certain areas; creating the low-income
weatherization assistance account; providing for the deposit and
appropriation of funds; providing for proposals for low-income
weatherization programs and the allocation of funds; providing duties
of the Department of Community Affairs; providing requirements for
weatherization; providing for benefits; providing allocation
requirements; providing for funding of administration by the
department; requiring the department to develop a budget for certain
purposes; 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 Lawson-

HB 791-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).
Referred to the Committee(s) on Judiciary.

By Representatives Heyman, Martinez, Tobin, and Cosgrove-

HB 793-A bill to be entitled An act relating to security systems;
amending s. 489.505, F.S.; providing definitions; creating s. 489.518,
F.S.; requiring registration of alarm system agents; providing
application requirements and fees; requiring certain training and
providing for approval of training providers; providing a fee; providing
qualifications of alarm system agents; requiring electrical contractors
and alarm system contractors to furnish alarm system agents they
employ with an identification card; providing requirements with respect
to such cards and registrations; specifying disciplinable offenses;
providing powers and duties of the Department of Business and
Professional Regulation and the Electrical Contractors' Licensing
Board; creating s. 489.529, F.S.; requiring a verification call to premises
generating certain alarms prior to contacting a law enforcement agency;
creating s. 489.530, F.S.; requiring that audible alarm systems have an
automatic termination device; creating s. 489.5301, F.S.; requiring
licensing of a monitoring facility if the alarm signal originates in this
state; amending s. 212.05, F.S.; providing for imposition of an additional
sales tax on charges for security system services; amending s. 212.20,
F.S.; providing for distribution of the proceeds; amending s. 218.65, F.S.;
correcting references; 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 Fasano, Stabins, Littlefield, Arnall, Wise, Fuller,
and Burroughs-

HB 795-A bill to be entitled An act relating to the Florida Public
Education Lottery Act; amending s. 24.115, F.S.; redirecting unclaimed
prize money to the Educational Enhancement Trust Fund; amending s.
24.121, F.S.; providing for the allocation of lottery funds; specifying
certain educational purposes for the expenditure of lottery funds;
amending, effective October 1, 1998, s. 24.121, F.S.; providing for the
allocation of lottery funds; repealing, effective October 1, 1998, s.
24.121(2)(b), (5)(a) and (b), F.S., which provide for the distribution of

_ ___

I

SOF REPRESENTATIVES March 5, 1996

lottery funds; requiring legislative review of repealed laws; 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 Trammell-

HB 797-A bill to be entitled An act relating to discretionary sales
surtaxes; amending s. 212.054, F.S.; revising provisions which specify
when a transaction is deemed to occur in a county imposing a surtax, to
provide for application to sales of tangible personal property by florists;
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 Trammell-

HB 799-A bill to be entitled An act relating to the Constitution
Revision Commission; creating the Constitution Revision Commission
Steering Committee within the Executive Office of the Governor;
providing for the composition, organization, and terms of the steering
committee; providing powers and duties; providing for transfer of staff,
equipment, and unexpended balance of appropriations from the Article
V Task Force; providing for recommendations of the steering committee;
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 Representative Mackey-

HB 801-A bill to be entitled An act for the relief of Lamar Jenkins;
providing an appropriation to compensate him for legal expenses
incurred as a result of the negligence of the State of Florida; 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 Starks-

HB 803-A bill to be entitled An act relating to the administration
and collection of taxes; amending s. 212.18, F.S.; authorizing the
Department of Revenue to appoint the county tax collector as an agent
of the department for purposes of accepting applications for registration
as a dealer under ch. 212, F.S.; authorizing the Department of Revenue
to contract with the county tax collector for purposes of collecting
delinquent taxes, penalties, and interest; requiring the tax collector to
provide notice before commencing litigation to recover a delinquent tax;
providing for compensating the tax collector for collection services;
authorizing the department to share confidential information with the
tax collector; requiring the tax collector to maintain the confidentiality
of such information; providing a penalty; 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 Brennan-

HB 805-A bill to be entitled An act relating to alimony and child
support payments; amending s. 61.181, F.S.; providing for a transaction
fee; requiring fee be paid by obligor; directing the order to state the
manner in which the fee is to be collected; providing for deduction of fee
in specific circumstances; 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.

JOURNAL OF THE HOUSE

By Representative B. Saunders--

HB 807-A bill to be entitled An act relating to criminal justice;
amending s. 90.803, F.S.; revising the hearsay exception for statements
by a child or witness relating to a sexual offense; amending s. 775.082,
F.S.; providing for mandatory minimum terms of imprisonment for
persons convicted after October 1, 1983, of felonies proscribed under
chapter 794, F.S., or chapter 800, F.S.; providing guidelines for
minimum periods of supervision status, as defined, for persons who
commit such felonies; requiring life imprisonment under certain
circumstances when the defendant has subsequently committed two
more such felonies; prohibiting a court from withholding adjudication of
guilt for a criminal defendant at least 12 years of age who has been found
guilty of a sexual offense in violation of chapter 794, F.S., or chapter 800,
F.S.; repealing certain inconsistent provisions of Rule 3.670, Florida
Rules of Criminal Procedure; amending s. 775.21, F.S.; declaring
legislative intent with respect to notification to the public of sexual
offenders; amending s. 775.22, F.S; revising the definition of the term
"temporary residence"; providing a lifetime registration requirement for
specified sexual offenders; creating s. 775.221, F.S.; imposing certain
notification and reporting requirements on sexual offenders at least 12
years of age, under specified circumstances; amending s. 775.23, F.S.;
requiring counseling for, and at the expense of, a released sexual
offender; providing for adoption of rules by the Department of
Corrections; imposing certain registration and notification requirements
on sexual offenders convicted in or outside this state; providing criminal
penalties for failure to meet such requirements; defining the term
"community" for purposes of registration and notification of sexual
offenders; providing enhanced penalties for using public records to
commit retaliatory or vigilante acts against registered sexual offenders,
under specified circumstances; prohibiting a convicted sexual offender
from communicating with or working in an environment where children
18 years of age or younger are present; providing for establishment by
counties of sexual offender law enforcement councils; providing for
reports to the Legislature by the councils; directing that changes in
terminology in the Florida Statutes be made; providing an
appropriation; providing effective dates.

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

By Representatives Garcia, Constantine, Sanderson, Gay, Heyman,
Crow, Jacobs, D. Saunders, Rayson, Warner, Cosgrove, Goode, Meek,
Bullard, Brown, Livingston, Greene, Culp, Logan, Klein, Geller, and
Tobin-

HB 809-A bill to be entitled An act providing equity in taxation;
providing for partial-year assessments of real property for purposes of
ad valorem taxation; providing legislative intent; amending s. 192.001,
F.S.; providing definitions; creating s. 192.039, F.S.; providing for
partial-year real property assessments; providing formulas for
calculating ad valorem taxes to be levied on real property that is
assessed for a partial year; requiring such properties and the tax
thereupon to be included in computing rolled-back millage under s.
200.065, F.S.; amending s. 192.042, F.S.; amending the standards for
calculating just value to conform to the provisions for partial-year
assessment of real property; providing for sharing the costs of
implementing partial-year assessments; amending s. 193.114, F.S.;
amending provisions relating to the preparation of assessment rolls, to
conform to this act; creating s. 193.078, F.S.; providing for notice of
substantially destroyed property; amending s. 195.027, F.S.; providing
for the Department of Revenue to adopt rules concerning returns for
property that is subject to partial-year assessment; amending s. 196.011,
F.S.; amending provisions relating to the annual application for the
homestead tax exemption, to conform; amending s. 197.3635, F.S.;
amending provisions relating to requirements for a combined notice of
ad valorem taxes and non-ad valorem assessments, to conform; creating
s. 197.3645, F.S.; providing criteria that must be met before a separate
notice may be mailed for partial-year ad valorem taxes; amending s.
200.065, F.S., relating to computing the "rolled-back rate," to conform;
creating s. 200.0701, F.S.; providing for notice of partial-year
assessment to be delivered to taxpayers; allowing the notice, at the

March 5, 1996

SOF REPRESENTATIVES 61

discretion of the property appraiser, to be separate or combined with the
notice required in s. 200.069, F.S.; providing for the initial application
of this act; amending s. 212.08, F.S.; amending a cross-reference, to
conform; amending ss. 163.387, 197.102, 197.122, F.S.; amending
provisions relating to redevelopment trust funds, definitions used in ch.
197, F.S., and provisions relating to tax liens, to provide for the date on
which a tax lien attaches if the lien relates to property on which partial-
year assessment is imposed; 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 Bradley-

HB 811-A bill to be entitled An act relating to the Unemployment
Compensation Law; amending s. 443.036, F.S.; correcting a cross
reference; amending s. 443.101, F.S.; eliminating a conflict with respect
to disqualification for benefits with respect to certain disability
payments under the law; amending s. 443.131, F.S.; revising rate change
time periods; amending s. 443.141, F.S.; eliminating a requirement that
the Division of Unemployment Compensation must, by rule, appoint
certain special deputies; amending s. 443.151, F.S.; revising provisions
with respect to appeals of labor dispute cases to conform to all other
claim protests; clarifying the time period in which a claim
redetermination may be made; providing that all determinations made
under chapter 443, F.S., shall be provided to the parties; providing that
referee qualifications are subject to the Department of Management
Services; deleting review of special examiner decisions by the
Unemployment Appeals Commission; revising language with respect to
the payment of witness fees; 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 Representative Bradley-

HB 813-A bill to be entitled An act relating to shoplifting; amending
s. 812.015, F.S.; providing a definition; authorizing certain persons to
take into custody for certain purposes another person who unlawfully
possesses, uses, or attempts to use an antishoplifting or inventory
control device countermeasure; authorizing law enforcement officers to
make an arrest for such possession, use, or attempted use; making
unlawful the possession, use, or attempted use of an antishoplifting or
inventory control device countermeasure under certain circumstances;
providing penalties; providing an effective date.

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

By Representative Rayson-

HB 815-A bill to be entitled An act relating to education; requiring
the Department of Education to maintain a data base of certain persons
whose employment with district school boards is terminated; requiring
superintendents to report the names of these persons to the department;
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 Mackey and Sembler-

HB 817-A bill to be entitled An act relating to the Game and Fresh
Water Fish Commission; amending s. 370.01, F.S.; defining the terms
"authorization" and "exhibit"; amending s. 370.0605, F.S.; providing
procedures for the use of an authorization in lieu of a saltwater fishing
license or permit; authorizing an additional charge for administrative
costs; allowing county tax collectors to retain part of the administrative
charge; authorizing fees for replacement of certain licenses and permits;
requiring county tax collectors to submit reports and payments at

JOURNAL OF THE HOUSE OF REPRESENTATIVES

specified times; amending s. 370.0606, F.S.; providing procedures for the
appointment of subagents; amending s. 370.0608, F.S.; revising the time
for transfer of saltwater license fees to the trust fund; providing for the
use of a portion of the funds; amending s. 370.0615, F.S.; replacing the
term "stamp" with the term "permit"; amending s. 370.062, F.S.;
providing for the transfer of tag fees; amending ss. 370.1111 and 370.14,
F.S.; replacing the term "stamp" with the term "permit"; authorizing the
commission, tax collectors, and subagents to sell permits; providing for
the transfer of permit fees; amending s. 372.001, F.S.; redefining the
term "resident" and defining the term "authorization"; amending s.
372.0222, F.S.; authorizing the commission to contract for certain
advertising; amending s. 372.561, F.S.; changing stamp to permit;
authorizing an administrative charge for certain licenses or permits;
revising reporting requirements for county tax collectors; revising
criteria for free licenses; amending s. 372.57, F.S.; providing procedures
for the use of an authorization in lieu of a hunting or freshwater fishing
license or permit; authorizing a short-term nonresident fishing license
and fee; changing stamp to permit; amending s. 372.571, F.S.; changing
stamp to permit; revising expiration dates of licenses; amending ss.
372.5712, 372.5715, 372.58, 372.581, 372.59, and 372.711, F.S.;
changing stamp to permit; amending s. 372.574, F.S.; providing
procedures and standards for the appointment of subagents; requiring
recordkeeping and reports by subagents; providing penalties; amending
s. 372.60, F.S.; providing procedures for replacement of licenses or
permits; authorizing an administrative charge for replacements;
providing an appropriation; 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 the Committee on Business & Professional Regulation;
Representatives Tobin, Jones, Lippman, Wise, Horan, Sindler, Bush,
Mackey, Hafner, D. Saunders, Starks, Morroni, and Andrews-

HB 819-A bill to be entitled An act relating to dietetics and nutrition;
amending s. 468.502, F.S.; providing legislative intent with respect to
the practice of nutrition counseling; amending s. 468.503, F.S.;
providing, revising, and removing definitions; amending s. 468.504, F.S.;
requiring persons practicing nutrition counseling for remuneration to be
licensed; amending s. 468.505, F.S.; revising provisions relating to
exemption from regulation under part X of chapter 468, F.S., relating to
dietetics and nutrition, to conform; amending s. 468.506, F.S.; requiring
that powers and duties delegated to the Dietetics and Nutrition Practice
Council by the Board of Medicine encompass both dietetics and nutrition
practice and nutrition counseling; amending s. 468.51, F.S.; providing
for future repeal of a grandfather provision for the licensing of nutrition
counselors; providing for future renewal of licensure of nutrition
counselors licensed under such provision; amending s. 468.517, F.S.;
applying penalties to nutrition counseling; amending s. 468.518, F.S.;
revising grounds for disciplinary action to provide applicability to
nutrition counseling and to clarify applicability with respect to
previously issued orders and subpoenas, for which there are penalties;
prohibiting the advertising of methods of assessment or treatment that
are experimental or without generally accepted scientific validation;
providing penalties; amending ss. 468.501, 468.507, 468.508, 468.509,
468.511,468.512,468.513,468.514,468.515, and 468.516, F.S.; revising
terminology and references, to conform; 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 Business & Professional Regulation;
Representatives Tobin, Crist, Jones, Morse, Wise, Horan, Bush, Mackey,
"Hafner, D. Saunders, Starks, Morroni, Andrews, and Brown-

HB 821-A bill to be entitled An act relating to operators of water or
wastewater treatment plants; creating s. 403.118, F.S.; providing
legislative intent; providing testing and training requirements for
certification of operators of water or wastewater treatment plants;
providing requirements relating to employment of such operators and

providing for assessment of fines relating thereto; providing
requirements for training providers; providing for development or
purchase of examinations; providing for a certified operator database;
providing for assessment of fees; providing rulemaking authority and
providing for applicability of current rules until reviewed and replaced;
providing a grandfather clause for current licensees; repealing pt. XII,
ch. 468, F.S., relating to regulation of water and wastewater operators;
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 Warner-

HB 823-A bill to be entitled An act relating to nonnative plant
control; amending s. 369.251, F.S.; providing legislative findings;
exempting removal of invasive, nonnative plants from certain
permitting requirements; authorizing private harvest of such plants on
public lands; restricting compensation from such harvest; requiring
removal of melaleuca trees from certain private lands by a specified
date; authorizing removal by local government after that date;
authorizing adoption of local ordinances; providing an exemption from
local ordinances, permits, and fees; 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 Starks and Littlefield-

HB 825-A bill to be entitled An act relating to tax on sales, use, and
other transactions; revising the exemption for religious institutions;
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 Andrews, Stabins, Boyd, Culp, Morse, Thrasher,
Trovillion, Lacasa, Fasano, Warner, Bullard, Bainter, Wise, Greene,
Burroughs, Jacobs, Sanderson, and Posey-

HB 827-A bill to be entitled An act relating to high school athletes;
creating s. 232.428, F.S.; creating the Florida High School Athletics
Foundation assigned to the Department of Education for administrative
purposes; providing for establishment of articles of incorporation and
bylaws; requiring an annual report; providing for appointment of a
board of directors; providing duties; establishing an operating fund;
providing an effective date.

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

By Representatives Harris, Smith, Minton, Fuller, Bronson,
D. Saunders, Ogles, Edwards, Mackey, Trovillion, Merchant, Tedder,
Greene, Ziebarth, Crady, Rojas, Diaz de la Portilla, Trammell, Bainter,
Cosgrove, Kelly, K. Pruitt, Johnson, Laurent, Sembler, Peaden, Boyd,
Posey, Upchurch, Livingston, Burroughs, Flanagan, Bitner, Sindler, and
Lawson-

HB 829-A bill to be entitled An act relating to specialty license
plates; amending s. 320.08056, F.S.; providing for the development of a
Florida Agricultural license plate; providing for an annual use fee;
amending s. 320.08058, F.S.; providing for the design of a Florida
Agricultural license plate; providing for the expenditure of use 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.

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March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representatives Littlefield, Ogles, Flanagan, Rayson, Smith,
Safley, Bullard, Constantine, Bronson, Spivey, Wise, Minton, Jones,
Stabins, Culp, Fasano, Bradley, Brennan, Thrasher, Valdes, Kelly,
Mackenzie, Burroughs, Boyd, and D. Prewitt-

HB 831-A bill to be entitled An act relating to deregulation of the
sale of desalinated water; amending s. 367.022, F.S.; providing an
exemption from regulation by the Florida Public Service Commission as
a utility for the sale of bulk supplies of desalinated water for resale to
a governmental authority; 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 the Committee on Business & Professional Regulation;
Representatives Tobin, Jones, Crist, Morse, Lippman, Wise, Horan,
Bush, Mackey, Hafner, Tedder, D. Saunders, Starks, and Morroni-

HB 833-A bill to be entitled An act relating to geology; amending s.
492.105, F.S.; revising experience requirements for licensure by
examination; eliminating an obsolete provision authorizing licensure
without examination; amending s. 492.107, F.S.; prohibiting any person
from stamping or sealing any document with a seal unless that person
has a valid, active license; prohibiting the affixing of the licensee's seal
or name to any geologic report, paper, or other document which has not
been prepared by the licensee or under the licensee's supervision;
amending s. 492.111, F.S.; revising requirements for certification of
business entities; amending s. 492.112, F.S.; prohibiting the giving of
false or forged evidence to the Board of Professional Geologists;
providing penalties; amending s. 492.113, F.S.; providing that the board,
rather than the Department of Business and Professional Regulation, is
the responsible disciplinary body; providing that violating any rule or
order of the board is a ground for disciplinary action; providing an
additional ground for disciplinary action relating to submission,
approval, or generation of inaccurate or incorrect reports, plans, or
evaluations; increasing the administrative fine; amending s. 492.114,
F.S.; eliminating the requirement that the issuance of duplicate licenses
be subject to rules of the department; amending s. 492.116, F.S.; revising
an exemption relating to persons employed on a full-time basis by an
employer engaged in the business of developing, mining, or treating
ores, other minerals, and petroleum resources; amending s. 492.1165,
F.S.; providing for construction of the chapter; amending ss. 492.101,
492.102, 492.103, 492.104, 492.106, 492.108, 492.109, 492.1101, and
492.115, F.S., to conform, revise references and terminology, and provide
for gender neutrality; 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 Representative Meek-

HB 835-A bill to be entitled An act relating to voter registration;
amending s. 97.021, F.S.; defining "qualifying educational institution"
and revising the definition of "voter registration agency" to include the
former; amending s. 97.023, F.S.; providing for recovery of costs and
reasonable attorney's fees on any complaint filed with respect to a
violation of voter registration provisions; amending s. 97.058, F.S.;
providing that qualifying educational institutions are voter registration
agencies and providing requirements with respect thereto, including the
requirement to provide a form to request an absentee ballot with each
voter registration application provided; providing an effective date.

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

HB 837-A bill to be entitled An act relating to the tax on sales, use,
and other transactions; amending s. 212.08, F.S.; providing an

exemption for merchandise sold to raise funds for educational activities
of a school; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation,
Appropriations, and Rules & Calendar.
By Representative Lippman-

HB 839-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" to include any member employed as an assistant state
attorney; 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 Culp-

HB 841-A bill to be entitled An act relating to construction of public
buildings; amending s. 255.05, F.S.; revising language with respect to
the bond of a contractor constructing a public building; defining the term
"claimant"; deleting reference to laborers, materialmen, and
subcontractors and substituting the term "claimant"; providing for
notice of nonpayment from a claimant not in privity with the contractor;
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 Culp-

HB 843-A bill to be entitled An act relating to disposition of
unclaimed property; amending s. 717.101, F.S.; revising definitions;
defining "lawful charges," "public corporation," and "aggregate";
amending s. 717.102, F.S.; decreasing the time period in which property
is presumed abandoned; amending ss. 717.104, 717.105, 717.106,
717.107, 717.1101, 717.112, and 717.116, F.S.; decreasing the time limit
for presumption of abandonment with respect to money orders or similar
written instruments, checks, drafts, and similar instruments issued or
certified by banking and financial organizations, bank deposits and
funds in financial organizations, funds owing under life insurance
policies, stock and other intangible interests in business associations
and interest thereon, intangible property held by fiduciaries, and
contents of safe deposit boxes and other safekeeping repositories;
revising applicability provisions with respect to stock and other
intangible interests in business associations; increasing the amount
upon which gift certificates shall be presumed to be abandoned;
amending s. 717.108, F.S.; revising language with respect to deposits
held by utilities; amending s. 717.117, F.S.; revising provisions with
respect to reports of abandoned property; amending s. 717.118, F.S.;
revising provisions with respect to notice and publication of lists of
abandoned property; amending s. 717.119, F.S.; revising provisions with
respect to payment or delivery of abandoned property; amending s.
717.122, F.S., relating to public sale of abandoned property; providing
that the Department of Banking and Finance may authorize specified
agents or brokers to deduct certain fees; providing for reimbursement of
such fees; amending s. 717.123, F.S.; increasing the amount retained by
the department for payment of claims; providing that all funds received
under ch. 717, F.S., shall permanently escheat to the state 25 years after
receipt; amending s. 717.124, F.S.; revising provisions with respect to
filing of claims with the department; providing that a claim for a
cashier's check or stock certificate may require an indemnity bond;
providing that the department may require certain affidavits for claims
of $250 or less; creating s. 717.1241, F.S.; providing procedure for
conflicting claims to abandoned property; creating s. 717.1242, F.S.;
providing legislative intent with respect to jurisdiction of the circuit
court and the department; requiring the filing of specified claims;
providing for payment of attorney's fees to the department in specified
proceedings; amending s. 717.127, F.S.; revising provisions relating to
election to take payment or delivery of unclaimed property; amending s.

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March 5, 1996

64 JOURNAL OF THE HOUSE

717.1301, F.S.; increasing the rate for the cost of specified investigations
or examinations which the department may assess; amending s.
717.1311, F.S.; revising provisions relating to retention of records;
amending s. 717.132, F.S.; revising provisions with respect to cease and
desist orders issued by the department; creating s. 717.1321, F.S.;
providing for injunction by the department to restrain violations;
providing authority to impound property, assets, and business;
providing authority to appoint a receiver or administrator for property,
assets, and business; amending s. 717.134, F.S.; revising penalties and
interest for failure to render required reports and for willful refusal to
pay or deliver abandoned property to the department as required;
amending s. 717.135, F.S.; revising provisions with respect to
agreements to locate reported property; amending s. 216.331, 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 Commerce, Finance & Taxation, and
Appropriations.

By the Committee on Ethics & Elections; Representatives Upchurch,
Tobin, Klein, Peeples, Mackenzie, Futch, Hill, Roberts-Burke, Reddick,
and Lynn-

HB 845-A bill to be entitled An act relating to the Florida Election
Code; amending, transferring, creating, and repealing various
provisions of law to update, streamline, and clarify the code; amending,
providing, and eliminating definitions applicable to the entire code and
to certain parts of the code; amending ch. 97, F.S., relating to
qualification and registration of electors; renumbering and amending s.
101.665, F.S.; stating that oaths may be administered and attested by
any supervisor or deputy supervisor; creating s. 97.067, F.S.; providing
duty of the supervisor to assign voter to precinct; amending ss. 97.011,
97.012, 97.021, 97.023, 97.041, 97.052, 97.053, 97.055, 97.057, 97.058,
97.0585, 97.061, 97.071, 97.073, 97.1031, and 97.105, F.S.; providing
editorial, conforming, and other technical changes; repealing s. 97.025,
F.S., relating to the preparation and distribution of copies of the code,
the provisions of which have been incorporated elsewhere; amending ch.
98, F.S., relating to the registration office, officers, and procedure;
amending s. 98.045, F.S.; revising provisions relating to information
available for public inspection and copying; amending s. 98.231, F.S.;
providing an additional date when each supervisor must provide the
Division of Elections of the Department of State with the number of
registered voters in the supervisor's county and their party affiliation;
amending ss. 98.015, 98.055, 98.065, 98.075, 98.081, 98.093, 98.095,
98.212, 98.255, and 98.461, F.S.; providing editorial, conforming, and
other technical changes; repealing ss. 98.101, 98.181, 98.391, 98.401,
98.412, 98.421, 98.431, 98.441, 98.451, 98.471, 98.481, and 98.491, F.S.,
relating to use of the registration system, to various registration records
and lists, and to alternative registration procedures, the provisions of
which have been incorporated elsewhere or are obsolete; amending ch.
99, F.S., relating to candidates, campaign expenses, and contesting
elections; amending s. 99.092, F.S.; requiring candidates to pay party
assessments to the filing officer; changing the date on which the annual
salary of the office is established for purposes of computing the filing fee,
election assessment, and party assessment; amending ss. 99.095,
99.0955, and 99.096, F.S.; revising petitioning provisions; amending s.
99.097, F.S.; allowing minor political parties to file an oath of undue
burden in lieu of paying the fee for the verification of signatures; making
the division responsible for requesting reimbursement for signatures
checked at no charge; granting the court, in any signature-verification
challenge, discretion to require unsuccessful challengers to pay the per-
signature fee or the actual cost of checking each additional signature;
amending ss. 99.012, 99.021, 99.061, 99.093, 99.0965, and 99.09651,
F.S.; providing editorial, conforming, and other technical changes;
repealing ss. 99.081, 99.091, 99.103, and 99.121, F.S., relating to election
of members of Congress, remittance of filing fees and party assessments,
and certification of nominations, the provisions of which have been
incorporated elsewhere; amending ch. 100, F.S., relating to general,
primary, and special elections; amending s. 100.011, F.S., relating to
opening and closing of polls; creating s. 100.0115, F.S., relating to
election expenses; providing that counties are responsible for election
expenses of federal, state, and school district elections; authorizing the

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OF REPRESENTATIVES March 5, 1996

supervisors to charge interest on amounts due and owing from
municipalities; transferring and amending s. 100.102, F.S., relating to
the cost of special elections and special primary elections; creating s.
100.105, F.S.; providing a separate section for an existing provision
relating to special district elections; amending s. 100.096, F.S.; providing
for the holding of an election required to be held in conjunction with a
primary election when the date for such primary changes; renumbering
and amending s. 101.731, F.S., and transferring and amending ss.
101.732, 101.733, and 101.74, F.S., relating to election emergencies;
renumbering and amending s. 101.75, F.S., relating to date changes for
municipal elections; amending s. 100.342, F.S.; requiring the election
official responsible for conducting an election or referendum to provide
certain notice thereof; amending s. 100.351, F.S.; deleting an obsolete
requirement relating to recording the results of a referendum on the
official record of the act requiring the referendum; amending s. 100.361,
F.S., relating to municipal recall; removing a provision restricting
expenditures until the recall election date has been announced;
requiring the petition committee to register as a political committee
prior to obtaining signatures; amending ss. 100.021, 100.025, 100.031,
100.041, 100.061, 100.091, 100.101,100.111, 100.141, 100.151, 100.161,
100.181, 100.191, 100.201, 100.211, 100.221, 100.241, 100.261, 100.271,
100.281, 100.291, 100.301, 100.311, 100.321, 100.331, and 100.341, F.S.;
providing editorial, conforming, and other technical changes; repealing
ss. 100.051, 100.071, and 100.081, F.S., relating to names on the general
election ballot, the grouping of candidates on primary ballots, and
nomination of county commissioners at the primaries, the provisions of
which have been incorporated elsewhere; amending ch. 101, F.S.,
relating to voting methods and procedure; amending s. 101.001, F.S.;
eliminating the requirement that the governing body of the municipality
concur when the supervisor arranges municipal precinct boundaries to
conform to municipal boundaries; renumbering and amending s. 101.34,
F.S., relating to custody of voting systems; creating s. 101.043, F.S.;
requiring supervisors to use precinct registers and providing
requirements therefore; creating s. 101.044, F.S.; providing requirements
for signature verification upon entering polling place; amending s.
101.045, F.S., relating to where voters may vote; transferring and
amending s. 101.663, F.S., relating to change of residence of voter;
creating s. 101.047, F.S.; providing a separate section for existing
provisions relating to change of residence or name at polls; amending s.
101.111, F.S.; providing uniform voter challenge provisions; requiring
election board members to execute oaths to challenge voters;
renumbering and amending ss. 101.51 and 101.72, F.S., relating to
voting booths and compartments; amending ss. 101.141 and 101.151,
F.S., and transferring and amending ss. 101.181 and 101.191, F.S.,
relating to specifications and form of the primary and general election
ballots; providing clarification with respect to charter county offices on
the primary ballot; renumbering and amending ss. 101.251, 101.252,
101.253, and 101.254, F.S., relating to names on ballots; renumbering
and amending ss. 100.371 and 101.2515, F.S., relating to placement of
initiatives on ballot and to translation of statewide proposal ballot
language; renumbering and amending s. 101.43, F.S., relating to
substitute ballots; amending s. 101.22, F.S., and transferring and
amending s. 101.011, F.S., relating to voting by paper ballot; prohibiting
a voter from voting who returns a marked ballot that is not the one
delivered to the voter; renumbering and amending s. 102.061, F.S., and
transferring and amending s. 102.071, F.S., relating to tabulation of
votes and proclamation of results where paper ballots are used;
providing procedure where only one election board is used; providing for
delivery to the canvassing board of excess ballots and ballots found
folded together; renumbering and amending ss. 101.292, 101.293,
101.294, and 101.295, F.S., relating to the purchase of voting equipment;
removing a threshold amount in the definition of "voting equipment";
renumbering and amending ss. 101.341 and 101.36, F.S., relating to
voting system custodians and the use of voting machines and electronic
or electromechanical voting devices; amending s. 101.37, F.S., and
transferring and amending s. 101.39, F.S., relating to voting machine
curtains; renumbering and amending s. 101.40, F.S., relating to voting
machines out of order; renumbering and amending s. 101.38, F.S.,
relating to disposition of voting machine keys following election;
amending s. 101.5605, F.S.; authorizing the division to revoke the
certification of any electronic or electromechanical voting system and
providing the grounds therefore; amending s. 101.5607, F.S.; clarifying

what constitutes a copy of a tabulation program for an electronic or
electromechanical voting system; amending s. 101.5612, F.S.; providing
comprehensive procedures for logic and accuracy tests of electronic and
electromechanical voting systems; renumbering and amending s.
101.545, F.S., relating to retention and destruction of election materials;
amending s. 101.591, F.S.; authorizing the division to have voting
systems audited by auditors who are not division employees; amending
s. 101.62, F.S.; revising provisions for the request and delivery of
absentee ballots; creating s. 101.625, F.S.; providing a separate section
for existing provisions relating to absentee voters overseas; amending s.
101.69, F.S.; revising provisions for voting an absentee ballot in person;
amending ss. 101.015, 101.021, 101.031, 101.041, 101.051, 101.131,
101.161,101.171,101.20, 101.24, 101.27, 101.28, 101.29, 101.33,101.35,
101.45, 101.46, 101.47, 101.54, 101.55, 101.56, 101.5602, 101.5603,
101.5606, 101.5608, 101.5609, 101.5610, 101.5611, 101.5613, 101.5614,
101.5615, 101.572, 101.58, 101.6102, 101.6103, 101.6104, 101.6105,
101.6107, 101.64, 101.65, 101.67, 101.68, 101.694, 101.71, and 101.715,
F.S.; providing editorial, conforming, and other technical changes;
repealing ss. 101.002, 101.017, 101.21, 101.23, 101.32, 101.445, 101.49,
101.5601, 101.5604, and 101.635, F.S., relating to municipal use of the
registration system, the Bureau of Voting Systems Certification, official
ballots, poll lists of those voting, adoption of voting machines and certain
voting systems, write-in ballots, procedure of election officials where
signatures differ, a short title, adoption of an electronic or
electromechanical voting system, and distribution of ballots, the
provisions of which have been incorporated elsewhere or are
unnecessary; amending ch. 102, F.S., relating to conducting elections
and ascertaining the results; amending s. 102.012, F.S.; authorizing
supervisors greater discretion in appointing election boards to precincts
and additional inspectors to election boards, including the appointment
of a single election board for more than one precinct under certain
circumstances; creating s. 102.014, F.S.; providing a separate section for
existing provisions relating to election board duties; renumbering and
amending ss. 102.141, 102.151, and 102.112, F.S., relating to county
canvassing boards; eliminating a provision relating to the ignoring of
returns filed late, to comply with a court decision; amending s. 102.111,
F.S., and transferring and amending ss. 102.121 and 102.131, F.S.,
relating to the Elections Canvassing Commission; eliminating a
provision relating to ignoring of returns filed late, to comply with a court
decision; amending s. 102.168, F.S., and transferring and amending ss.
102.1682, 102.1685, and 102.169, F.S., relating to contesting elections;
amending ss. 102.021, 102.031, 102.091, 102.101, 102.155, 102.166, and
102.167, F.S.; providing editorial, conforming, and other technical
changes; amending ch. 103, F.S., relating to presidential electors and
political parties; amending s. 103.021, F.S., and transferring and
amending s. 103.022, F.S., relating to nomination and certification of
presidential electors; amending s. 103.051, F.S., and transferring and
amending ss. 103.061, 103.062, and 103.071, F.S., relating to meeting,
duties, and compensation of presidential electors; amending s. 103.091,
F.S.; requiring political party executive committees to file required
documentation by a specified date following each presidential election
year; requiring a copy of the bond to be included in such documentation;
amending s. 103.101, F.S., relating to the presidential preference
primary; eliminating the Presidential Candidate Selection Committee
and its duties; amending s. 103.121, F.S.; providing responsibility of
state executive committees to use a specified portion of certain returned
filing fees for specified purposes; amending s. 103.141, F.S., and
transferring and amending s. 103.151, F.S., relating to removal of
executive committee members for violation of oath; amending ss.
103.011,103.081, and 103.131, F.S.; providing editorial, conforming, and
other technical changes; amending ch. 104, F.S., relating to code
violations and penalties; creating s. 104.005, F.S.; declaring the
provisions of ch. 104, F.S., relating to violations and penalties under the
code, applicable to municipal elections; amending s. 104.045, F.S.;
providing a penalty for selling a vote for or against a proposal; amending
s. 104.051, F.S.; eliminating a provision for the exclusion from the polls
of officials who willfully violate the code; amending s. 104.185, F.S.;
clarifying that the prohibition against signing a petition more than once
applies to petitions to secure ballot position for a minor political party,
for which there is a penalty; amending s. 104.21, F.S.; providing a
penalty for fraudulently changing or attempting to change the vote or
ballot of a voter; amending ss. 104.011, 104.012, 104.013, 104.041,

65

104.0515, 104.061, 104.071, 104.081, 104.091, 104.101, 104.13, 104.15,
104.16, 104.18, 104.19, 104.20, 104.22, 104.23, 104.24, 104.26, 104.271,
104.29, 104.30, 104.31, 104.32, 104.39, and 104.43, F.S.; providing
editorial, conforming, and other technical changes; repealing ss.
104.031, 104.11, and 104.17, F.S., relating to false declaration to secure
assistance in preparing ballot, neglect of duty by sheriff or other officer,
and voting in person after casting absentee ballot, the provisions of
which have been incorporated elsewhere; amending ch. 105, F.S.,
relating to nonpartisan elections for judicial officers; amending s.
105.035, F.S.; conforming the petitioning process for judicial candidates
to the process for major political party candidates, candidates without
political party affiliation, and minor political parties; eliminating the
undue burden oath requirement, to comply with a court ruling;
amending ss. 105.011, 105.031, 105.041, 105.051, 105.061, 105.071,
105.08, 105.09, and 105.10, F.S.; providing editorial, conforming, and
other technical changes; amending ch. 106, F.S., relating to campaign
financing; creating s. 106.022, F.S.; providing a separate section for
existing provisions relating to change in designation of office sought;
amending s. 106.04, F.S., relating to committees of continuous existence;
requiring any such committee that makes an independent expenditure
to register as a political committee; providing for revocation of
certification for failure to file the annual report; providing for fines for
failure to file regular reports; eliminating an unnecessary provision
relating to a fine waiver for certain first-time offenders; creating s.
106.053, F.S.; providing a separate section for provisions relating to
deposit of campaign funds into separate interest-bearing accounts or
certificates of deposit; creating s. 106.057, F.S.; providing a separate
section for provisions relating to contributions and expenditures
through the campaign treasurer; amending s. 106.07, F.S., relating to
campaign reports; providing separate reporting dates for municipal
candidates; expanding the time for providing information to complete a
report; eliminating an unnecessary provision relating to a fine waiver for
certain first-time offenders; amending s. 106.071, F.S.; requiring
registration as a political committee before an independent expenditure
anticipated to exceed a specified amount may be made; renumbering and
amending s. 106.085, F.S., relating to notice of certain independent
expenditures; amending s. 106.082, F.S.; applying certain campaign
contribution limits to the Commissioner of Agriculture; creating s.
106.083, F.S.; duplicating in the code an existing provision that applies
certain campaign contributions to the Treasurer; creating s. 106.084,
F.S.; duplicating in the code an existing provision that applies certain
campaign contribution limits to the Comptroller; amending s. 106.141,
F.S.; providing for the disposal of refund checks received after disposal
of surplus campaign funds; amending s. 106.143, F.S., relating to
political advertisements; correcting an internal reference; amending s.
106.29, F.S., relating to campaign reports by political parties; providing
a filing time for reports relating to a municipal election; amending s.
106.32, F.S., relating to the Election Campaign Financing Trust Fund;
eliminating a provision relating to the deposit of proceeds from an
assessment on contributions that has been declared unconstitutional;
amending ss. 106.011, 106.021, 106.023, 106.025, 106.03, 106.06,
106.075, 106.08, 106.09, 106.11, 106.12, 106.125, 106.14, 106.1405,
106.1435, 106.1437, 106.144, 106.15, 106.16, 106.19, 106.22, 106.23,
106.24, 106.25, 106.26, 106.265, 106.27, 106.28, 106.31, 106.33, 106.34,
106.35, 106.353, 106.355, and 106.36, F.S.; providing editorial,
conforming, and other technical changes; repealing ss. 106.17 and
106.18, F.S., relating to polls and surveys relating to candidacies and to
omission of a candidate's name from the ballot, the provisions of which
have been incorporated elsewhere or are unnecessary; amending ss.
15.21, 92.295, 112.312, 125.01, 189.405, 582.18, and 627.0623, F.S., to
conform; repealing s. 230.08, F.S., relating to nomination of school board
members; amending s. 228.053, F.S.; correcting a cross reference, to
conform; providing applicability to other legislation passed at the same
session; providing effective dates.

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

Referred to the Committee(s) on Appropriations.

By Representative D. Prewitt-

HB 847-A bill to be entitled An act relating to the Florida Life and
Health Insurance Guaranty Association; creating s. 631.720, F.S.;

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

66 JOURNAL OF THE HOUSE

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 Representative Andrews-

HB 849-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 made by the act; amending s. 316.193, F.S.; specifying the blood-
alcohol level or breath-alcohol level that constitutes a crime; revising the
penalty for a third or subsequent 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 that a
blood test may be conducted in an ambulance or similar vehicle;
amending s. 316.1934, F.S.; specifying the blood-alcohol level or breath-
alcohol level that constitutes a crime; providing for presumptions
relating to impairment to be based on blood-alcohol level or breath-
alcohol level; amending s. 322.2615, F.S.; providing for suspension of a
driver's license for an unlawful breath-alcohol level; amending s. 322.62,
F.S.; specifying the blood-alcohol level or breath-alcohol level that
constitutes a crime; providing for measurements ofblood-alcohol level or
breath-alcohol level of commercial motor vehicle operators; amending s.
322.64, F.S.; specifying the blood-alcohol level or breath-alcohol level
that 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 level or breath-alcohol level that constitutes a crime; revising the
penalties for subsequent convictions within specified periods for the
offense of operating a vessel while under the influence; extending the
time period for penalty provisions; providing for a minimum period of
consecutive incarceration; amending s. 327.352, F.S.; specifying the
blood-alcohol level or breath-alcohol level that constitutes a crime;
amending s. 327.354, F.S.; specifying the blood-alcohol level or breath-
alcohol level that constitutes a crime; providing for presumptions
relating to impairment to be based on blood-alcohol level or breath-
alcohol level; amending s. 550.24055, F.S., pertaining to certain
parimutuel-wagering licensees; revising a cross-reference to conform to
changes made by the act; providing an effective date.

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

By Representative Betancourt-

HB 851-A bill to be entitled An act relating to personal watercraft;
amending s. 327.39, F.S.; restricting the operating speed of personal
watercraft in certain areas; restricting their use for towing water skiers;
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 Lacasa-

HB 853-A bill to be entitled An act relating to the Department of
Health and Rehabilitative Services; providing legislative intent;
amending s. 20.19, F.S.; increasing the amount of funds that a district
administrator may transfer between budget entities; providing for a
pilot project in budget flexibility; providing the amount of funds that the
district administrator may transfer under the pilot project; providing
requirements for service delivery; granting the department specified
budget flexibility; providing certain personnel authority to the district
administrators; requiring certain notice of transfer of positions between
budget entities; providing an effective date.

I

E OF REPRESENTATIVES March 5, 1996

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.
By Representative Kelly-

HB 855-A bill to be entitled An act relating to environmental
protection; amending s. 376.30, F.S.; providing legislative intent;
amending s. 376.3071, F.S.; providing legislative findings; providing for
use of funds from the Inland Protection Trust Fund for rehabilitation of
polluted surface and ground water sites; restricting annual allocations;
limiting eligibility for reimbursement of expenses for site rehabilitation
after specified dates; amending s. 376.30711, F.S.; providing legislative
intent; authorizing site rehabilitation on a preapproved, priority basis
within available trust fund moneys; creating s. 376.3075, F.S.; creating
a nonprofit corporation to finance and administer certain obligations of
the Department of Environmental Protection; providing a board of
directors; providing for termination of the corporation by a specified
date; specifying powers of the corporation; authorizing the corporation
and department to enter into certain contracts for services, funded by
annual appropriation from the trust fund; authorizing the corporation
to issue and incur notes, bonds, and certificates of indebtedness;
providing a tax exemption; providing for reversion of property to the
state upon dissolution of the corporation; authorizing the corporation to
contract with the State Board of Administration to hold, administer, and
invest the funds; providing an appropriation; 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 Merchant and Andrews-

HB 857-A bill to be entitled An act relating to Lake Worth Drainage
District, Palm Beach County; removing and deleting certain lands in the
territorial boundaries of said 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, Water Policy,
Select, and Finance & Taxation.

By Representative Sembler-

HB 859-A bill to be entitled An act relating to the town of Indian
River Shores; providing for the relief of Foremost Insurance Company;
providing an appropriation to compensate Foremost Insurance
Company for specified damages paid in excess of the pro rata portion of
damages for which Foremost Insurance Company was responsible;
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 Crady-

HB 861-A bill to be entitled An act relating to Dade County;
providing for the relief of Whitney Marx, a minor, by and through her
parents and legal guardians, Ronald Marx and Rhonda Marx; providing
an appropriation to compensate her for injuries and damages sustained
as a result of the negligence of the Dade County School Board; providing
an effective date.

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

By Representative Feren-

HB 863-A bill to be entitled An act relating to Broward County;
providing for the relief of Betty Dawson, mother and next friend of

JOURNAL OF THE HOUSE

Randy Warren; providing an appropriation to compensate Randy
Warren for injuries and damages sustained as a result of the negligence
of the City of Pembroke Pines; 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 Carlton-

HB 865-A bill to be entitled An act relating to guardianship;
amending s. 744.309, F.S.; providing that certain persons are
disqualified from being appointed as a guardian; 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 Constantine, Starks, Reddick, Brooks, Posey, and
Trovillion-

HB 867-A bill to be entitled An act relating to Orange County;
authorizing passenger buses serving the International Drive Master
Transit District through a contract with the district to have neon signs
on the body of the bus under certain circumstances; 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, Transportation,
and Rules & Calendar.

By Representatives Boyd, Clemons, and Lawson-

HB 869-A bill to be entitled An act relating to the Apalachicola Bay
oyster surcharge; providing that collection of the surcharge during a
specified period may not be enforced by the Department of Revenue;
providing for credits or refunds for surcharge amounts paid by wholesale
dealers during that period; 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 Heyman-

HB 871-A bill to be entitled An act relating to the City of Miami;
providing for the relief of Gladys Frias; providing an appropriation to
compensate her for injuries and damages sustained due to the
negligence of the City of Miami; 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 the Committee on Higher Education; Representative Wasserman
Schultz-

HB 873-A bill to be entitled An act relating to community college
accountability; amending s. 240.311, F.S., relating to rules of the State
Board of Community Colleges; amending s. 240.313, F.S.; requiring
participation by members of community college district boards of
trustees in a trustee orientation program; amending s. 240.319, F.S,
relating to board of trustees powers and duties; requiring annual
evaluations of community college presidents; providing requirements for
contracts with presidents; amending s. 240.324, F.S.; providing a
requirement of the community college accountability plan; providing an
effective date.

March 5, 1996

OF REPRESENTATIVES 67

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

By Representative Goode-

HB 875-A bill to be entitled An act relating to health care; creating
the "Florida Patient Protection and Quality Assurance Act"; providing
legislative intent; 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; 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 s. 624.91, F.S.; revising
provisions relating to the Florida Healthy Kids Corporation Act;
amending s. 627.6472, F.S.; prohibiting exclusive provider organizations
from requiring a referral for access to certain service providers;
prohibiting such organization from establishing adverse incentives
against direct access to certain service providers; 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. 641.31, F.S.; prohibiting
health maintenance organizations from requiring a referral for access to
certain service providers; prohibiting such organization from
establishing adverse incentives against direct access to certain service
providers; 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; creating the "Florida Health Care Community Antitrust
Guidance Act of 1996"; providing legislative intent; providing
definitions; providing for antitrust no-action letters; providing criteria
for the receipt of such letters; providing for the submission of certain
information to the Office of the Attorney General; authorizing the Office
of the Attorney General to take certain action; requiring the Agency for
Health Care Administration to make Florida health care market
information available; requiring the Department of Insurance to make
certain information available; authorizing certain transfer of funds;
providing for a study of medical savings accounts; repealing s. 455.2555,
F.S., relating to imposition of a fee schedule on providers of designated
health services; providing a retroactive effective date; prohibiting
imposition of certain administrative fines; 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 ss. 624.424, 641.261, and 641.411, F.S.;
conforming cross references to changes made by the act; providing for
retroactive application; providing severability; providing effective dates.

68

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

By Representative K. Pruitt-

HB 877-A bill to be entitled An act relating to special districts;
amending s. 11.45, F.S.; revising the types of special districts that must
have a financial audit of their accounts performed by an independent
accountant in years when none is performed by the Auditor General;
amending s. 189.403, F.S.; redefining "special district" under the
Uniform Special District Accountability Act of 1989 and defining "public
facilities"; amending s. 189.4031, F.S.; removing provisions relating to
applicability to certain dependent special districts; amending s.
189.4035, F.S.; providing for preparation of the official list of special
districts by the Special District Information Program and revising
requirements with respect thereto; revising distribution of the list;
revising requirements relating to a district's authority to dispute its
status on the list and respond thereto; amending s. 189.404, F.S.;
deleting a requirement that the law creating an independent special
district provide a method for dissolving the district; specifying that only
the Legislature may create an independent special district, except as
otherwise authorized by law; amending s. 189.4041, F.S.; providing
requirements for creation of dependent special districts by county or
municipal ordinance; amending s. 189.4042, F.S.; providing merger and
dissolution requirements for special districts; repealing s. 189.4043,
F.S., which provides special district dissolution procedures; amending s.
189.4044, F.S.; providing procedures and requirements for declaration
that a district is inactive; amending s. 189.4045, F.S.; revising provisions
relating to financial allocations upon merger or dissolution; creating s.
189.4046, F.S.; providing for conformance with chapter 189 by
inconsistent special districts within specified periods; specifying the
method to legislatively reestablish an independent special district
previously created by local action; amending s. 189.405, F.S.; revising
election procedures and requirements for special districts; providing
method of qualifying and providing for fees; amending s. 189.4051, F.S.;
revising the special requirements and procedures for elections for
districts with governing boards elected on a one-acre/one-vote basis;
amending s. 189.4085, F.S.; revising requirements for issuance of bonds
by a special district when no referendum is required; amending s.
189.412, F.S.; revising provisions relating to the duties of the Special
District Information Program; amending s. 189.415, F.S.; revising
requirements relating to special districts' public facilities reports and
providing for annual notice of changes thereto; amending s. 189.4155,
F.S.; revising requirements relating to consistency of special district
facilities with local government comprehensive plans and providing that
such requirements do not apply to certain spoil disposal sites; amending
s. 189.416, F.S.; revising the time for designation of a registered office
and agent; amending s. 189.417, F.S.; requiring publication of special
district meeting schedules; amending s. 189.418, F.S.; revising
requirements relating to information required to be reported by special
districts; providing for enforcement; amending s. 189.419, F.S.;
requiring initiation of enforcement proceedings against districts that fail
to file certain reports; providing for fines; amending s. 189.421, F.S.;
revising provisions relating to initiation of such enforcement
proceedings; amending s. 189.422, F.S.; revising provisions which
authorize department action if a district is determined to be inactive or
if failure to file reports is determined to be volitional; amending s.
189.425, F.S.; revising provisions relating to rulemaking authority;
creating s. 189.426, F.S.; authorizing special districts to provide for
certain extra merit compensation for employees; amending s. 189.427,
F.S.; revising provisions relating to fees; authorizing imposition of fines
against districts that fail to remit required fees; amending s. 218.34,
F.S.; revising requirements relating to budgets of special districts;
amending s. 125.01, F.S.; revising provisions relating to county powers
with respect to special districts; amending s. 165.041, F.S., to conform;
amending s. 125.901, F.S.; correcting a reference; requiring special
districts to codify their special acts for reenactment by the Legislature;
providing effective dates.

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

March 5, 1996

By Representative Jacobs-

HB 879-A bill to be entitled An act relating to the Unemployment
Compensation Law; creating s. 443.081, F.S.; prohibiting employers
from discharging, threatening to discharge, intimidating, or coercing
any employee by reason of the employee's valid claim for unemployment
compensation, attempt to claim compensation under the Unemployment
Compensation Law, or participation in any proceeding under such law;
providing that the employee is entitled to certain compensation for
violations; 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 881-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 Governmental Operations and
Appropriations.

By Representative Greene-

HB 883-A bill to be entitled An act relating to state employees;
amending s. 110.1099, F.S.; providing for tuition waivers at state
community colleges; providing an effective date.

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

HB 885-Withdrawn
By Representative Goode-

HB 887-A bill to be entitled An act relating to trust funds; creating
the Florida Medical Access Trust Fund within the Agency for Health
Care Administration; providing for sources of moneys and purposes;
providing for future review and termination or re-creation of the trust
fund; providing a contingent 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 Goode-

HB 889-A bill to be entitled An act relating to public records;
providing an exemption from public records requirements for certain
information submitted to state officials by members of the health care
community as a part of a review of antitrust issues; 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, Governmental
Operations, and Rules & Calendar.

By the Committee on Commerce; Representatives Mackey, Bitner,
Lippman, Betancourt, Bradley, Jones, Arnall, and Klein-

HB 891-A bill to be entitled An act relating to the Special Disability
Trust Fund; amending s. 440.49, F.S.; correcting a cross reference;

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

providing for retroactive effect; providing for barring the filing of a claim
for reimbursement under certain circumstances; providing a maximum
fund assessment rate; limiting liability against the fund under certain
circumstances; requiring a legislative review; providing an
appropriation for the legislative review; 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 Trammell and Villalobos-

HB 893-A bill to be entitled An act relating to Dade County;
providing for the relief of Francisco and Maria Del Carmen Ortega;
providing an appropriation to compensate them for injuries and
damages sustained due to the negligence of Public Health Trust of Dade
County, d.b.a. Jackson Memorial Hospital; providing an effective date.

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

By Representative Lynn-

HB 895-A bill to be entitled An act relating to search warrants;
amending s. 933.09, F.S.; authorizing forceable entry into a house for
purposes of executing a search warrant upon authorization of the judge
or magistrate issuing the warrant; requiring that such warrant be
issued pursuant to an application that demonstrates there is probable
cause to believe that evidence or contraband may be destroyed or the
safety of the officer who executes the warrant will be endangered if prior
notice is given; 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 Barreiro, Lacasa, Morroni, Fasano, Ziebarth, Gay,
Valdes, Villalobos, Arnall, Morse, and Littlefield-

HB 897-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 Bainter-

HB 899-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,
Appropriations, and Rules & Calendar.

By Representative Bainter-

HB 901-A bill to be entitled An act relating to the Florida
Administrative Code; providing that the State of Florida shall bear all
expenses imposed on private citizens created by chapter 62-524 of the
Florida Administrative Code, relating to new potable water well
permitting in delineated areas; 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.

March 5, 1996

OF REPRESENTATIVES 69

By the Committee on Aging & Human Services; Representatives
Brennan, Littlefield, Casey, Lacasa, Brooks, Bloom, Wise, Dennis,
D. Prewitt, Frankel, Spivey, Jacobs, Geller, and Kelly-

HB 903-A bill to be entitled An act relating to The Baker Act;
amending s. 394.453, F.S.; revising legislative intent relating to mental
health programs; deleting responsibilities of the Department of Health
and Rehabilitative Services; amending s. 394.455, F.S.; revising
definitions; amending s. 394.457, F.S.; revising responsibilities of the
department with respect to administrative supervision of mental health
facilities, programs, and services; providing for rules and minimum
standards; providing for personnel training materials; amending s.
394.4572, F.S.; revising requirements for employment screening;
providing exemptions; amending s. 394.4573, F.S.; clarifying
requirement for a continuity of care management system; amending s.
394.458, F.S.; clarifying prohibition on introduction or removal of certain
articles at a hospital providing mental health services, for which a
penalty is provided; amending s. 394.459, F.S.; revising rights of
patients; providing for emergency medical treatment under specified
circumstances; providing for a patient's access to a telephone and to
visitors; providing for inventory of the patient's personal effects; deleting
requirements relating to the education of children in facilities; providing
for report of certain violations; authorizing imposition of sanctions based
on certain investigation and findings; requiring posting of notice of
rights of patients; creating s. 394.4595, F.S.; providing for civil
enforcement of rights of patients; providing for recovery of attorney's
fees; creating s. 394.4597, F.S.; providing for identification or selection
of a patient's guardian or representative; creating s. 394.4598, F.S.;
providing for appointment of a guardian advocate; providing
qualifications, requirements, and restrictions; creating s. 394.4599, F.S.;
providing requirements relating to notice of a patient's admission,
placement, change of status, transfer, and discharge; amending s.
394.460, F.S., relating to rights of professionals; amending s. 394.461,
F.S.; providing for designation of receiving and treatment facilities;
deleting provisions relating to patient transfers and criminally charged
or convicted mentally ill persons; creating s. 394.4615, F.S.; modifying
provisions relating to confidentiality of patient records; providing for
patient access; providing for certain uses of information from clinical
records; providing a penalty for falsification of records; creating s.
394.462, F.S.; providing for transportation to a receiving facility by a
designated law enforcement agency; limiting certain responsibilities of
receiving facilities; providing for transportation to a treatment facility
by independent contractors; providing for exceptions to requirements for
the transport of patients; amending s. 394.463, F.S.; revising
requirements relating to involuntary examination; requiring certain
recordkeeping and analysis of records; amending and renumbering s.
394.465, F.S.; revising provisions relating to assessment, admission, and
discharge of voluntary patients, and transfers between voluntary and
involuntary status; providing for duties of a mobile crisis response
service; amending s. 394.467, F.S.; revising procedures and
requirements relating to involuntary placement; providing for
appointment of counsel; revising hearing requirements; providing for
return of patients who leave a facility without authorization; amending
s. 394.4672, F.S.; clarifying procedure for placement of a veteran with
a federal agency; amending s. 394.4674, F.S.; clarifying the state plan
for deinstitutionalization of certain patients; amending s. 394.468, F.S.;
clarifying effect of procedures and policies under pt. I of ch. 394, F.S.;
creating s. 394.4685, F.S.; providing for transfer of patients among
facilities; amending s. 394.469, F.S.; revising requirements relating to
discharge of involuntary patients; amending s. 394.475, F.S., relating to
acceptance of Florida residents from out-of-state mental health
authorities; amending ss. 394.4786, 394.4787, and 394.4788, F.S.;
clarifying provisions relating to acute mental health services provided
through the Public Medical Assistance Trust Fund; amending s. 394.90,
F.S., relating to access to clinical records, to conform to the act;
amending s. 395.003, F.S.; providing references to pt. I of ch. 394, F.S.;
amending s. 395.1041, F.S.; clarifying rights of certain persons receiving
emergency services and care; amending s. 395.1055, F.S.; providing for
enforcement of pt. I of ch. 394, F.S., by the Agency for Health Care
Administration; amending s. 395.1065, F.S.; authorizing the Agency for
Health Care Administration to rely on investigations and findings by the
Department of Health and Rehabilitative Services in imposing penalties

70 JOURNAL OF THE HOUSE

for violation ofpt. I of ch. 394, F.S., by a facility; amending s. 395.3025,
F.S.; conforming provisions relating to patient records; amending s.
400.0255, F.S.; revising notice requirements relating to discharge or
transfer of a nursing home resident; amending ss. 400.102, 400.414,
400.556, and 400.6196, F.S.; providing that failure to follow the
procedures of pt. I of ch. 394, F.S., relating to transfer; voluntary
admission, and involuntary examination is grounds for action against
the license of a nursing home, assisted-living facility, adult day care
center, or adult family-care home; reenacting s. 400.121(1), F.S., to
incorporate the amendment to s. 400.102, F.S., in a reference; amending
ss. 400.4075, 400.426, 419.001, 455.2415, 744.704, 916.107, 943.0585,
and 943.059, F.S.; correcting cross references; amending s. 744.3215,
F.S.; conforming provisions relating to guardianship and rights of
persons determined to be incapacitated; amending ss. 765.101, 765.104,
765.110, and 765.205, F.S.; conforming provisions relating to health care
advance directives and health care surrogates; amending s. 765.202,
F.S.; providing for designation of a separate health care surrogate to
consent to mental health treatment; repealing s. 394.471, F.S., relating
to validity of prior involuntary placement orders; repealing s. 394.477,
F.S., relating to state residency requirements for involuntary placement;
repealing s. 394.478, F.S., relating to autopsy of certain deceased
patients; 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 Laurent-

HB 905-A bill to be entitled An act relating to pollution control;
amending s. 381.0065, F.S.; revising the definition of"available publicly
owned or investor-owned sewerage system"; defining the term "potable
water line"; correcting a reference; expanding certain supervisory duties
of the Department of Health and Rehabilitative Services relating to
performance and impact of onsite sewage treatment and disposal
systems and expanding uses of research fees collected therefore; revising
an exemption relating to subdivisions; amending standards for the
placement of onsite sewage treatment and disposal systems; providing
for applicability of specified rules to the permitting of lots; providing
standards for design criteria and for performance criteria; providing for
local public health units to approve or disapprove engineer-designed
systems and to refer disapprovals to the State Health Office for final
determination; providing deadlines for such reviews; providing for
written notification to the applicant of the department's determination
and for the applicant's opportunity to pursue a variance or seek review;
authorizing the requirement of a compliance report; requiring re-
engineering under certain circumstances; revising a prohibition against
the advertisement, sale, or use of products containing toxic or hazardous
chemicals or other specified substances; providing a standard for
determination of water table elevations and soil suitability; modifying
the application submission process; providing that subdivision analysis
may not be required prior to submission of an application; amending s.
381.0066, F.S.; extending applicability of research fees and expanding
uses thereof; repealing s. 10, ch. 93-151, Laws of Florida; eliminating the
scheduled repeal of certain provisions relating to onsite sewage
treatment and disposal system research; amending s. 381.0068, F.S.;
redesignating the technical review panel of the Department of Health
and Rehabilitative Services as the technical review and advisory panel;
expanding duties of the panel; revising panel membership and providing
for terms, meetings, and reimbursement; requiring the department to
present proposed rules relating to onsite sewage treatment and disposal
systems to the panel for comment; requiring the department to keep
minutes of panel meetings; amending s. 381.0098, F.S.; providing for the
Department of Health and Rehabilitative Services to regulate mobile
treatment units which provide onsite treatment of biomedical waste;
providing that the Department of Health and Rehabilitative Services
establish treatment-efficacy standards for biomedical waste and the
Department of Environmental Protection establish standards relating to
environmental impacts; requiring mobile treatment units to obtain a
permit; amending s. 489.551, F.S.; providing and revising definitions;
amending s. 489.552, F.S.; requiring registration of master septic tank
contractors; amending s. 489.553, F.S.; providing registration

1.

E OF REPRESENTATIVES March 5, 1996

requirements for master septic tank contractors; eliminating an obsolete
provision; amending s. 489.554, F.S.; revising continuing education
requirements for septic tank contractors and providing continuing
education requirements for master septic tank contractors; amending s.
381.0064, F.S., to conform; amending s. 489.557, F.S.; providing fees
applicable to master septic tank contractor registration; amending ss.
489.555, 489.556, and 489.558, F.S.; revising terminology; providing
effective dates.

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

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

By Representatives Carlton and Lynn-

HB 907-A bill to be entitled An act relating to education; authorizing
the Commissioner of Education to specify school districts to participate
in a pilot study of educational program expenditure patterns; providing
requirements for pilot school districts; requiring a report; providing an
effective date.

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

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

By Representative Brennan-

HB 909-A bill to be entitled An act relating to wrongful death;
repealing s. 768.21(8), F.S., which prohibits the recovery of damages for
wrongful death by specified persons; 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 Peeples-

HB 911-Abill to be entitled An act relating to contracting procedures
of the State University System; amending s. 240.205, F.S.; clarifying
Board of Regents' duties relating to contracting and increasing the
expenditure limit for contractual obligations for acquisition of goods,
equipment, services, leases, or construction; amending s. 240.209, F.S.;
revising provisions relating to securing workers' compensation coverage;
amending s. 240.227, F.S., relating to duties of presidents; increasing
the limit of expenditures for certain contracts; providing for approval of
general construction contracts; 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 Trovillion, Brooks, Sublette, Feren, Constantine,
and Posey-

HB 913-A bill to be entitled An act relating to driver licenses;
amending s. 322.212, F.S.; providing that it is unlawful for any person
to knowingly have in his or her possession any instrument in the
similitude of a driver license issued by the Department of Highway
Safety and Motor Vehicles or of any other state or jurisdiction which
issues licenses recognized in this state for the operation of a motor
vehicle, or any identification card issued by the department or of another
state or jurisdiction, unless possession by such person has been duly
authorized by the department; providing penalties; providing an
effective date.

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

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

By Representative Eggelletion-

HB 915-A bill to be entitled An act relating to enterprise zones;
amending s. 290.0055, F.S.; providing a method for changing the
boundaries of an approved enterprise zone; providing an effective date.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

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

By Representative Edwards-

HB 917-A bill to be entitled An act relating to burglary; amending
s. 810.011, F.S.; defining "curtilage" with respect to chapter 810, relating
to burglary and trespass; reenacting s. 810.011(1) and (2), F.S., relating
to the definitions of "structure" and "dwelling" with respect to chapter
810, and reenacting s. 810.02(1), F.S., defining "burglary," to incorporate
said amendment in references; 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 Martinez-

HB 919-A bill to be entitled An act relating to pawnbroking; creating
the Florida Pawnbroking Act; providing definitions; authorizing the
Division of Consumer Affairs of the Department of Agriculture and
Consumer Services to license and regulate pawnbrokers; providing
licensing requirements and eligibility; providing application procedures;
providing for supervision, revocation, and surrender of licenses;
requiring and prescribing contents of a pawnbroker transaction form;
requiring record-keeping and reporting; prescribing service charges;
prohibiting certain acts; providing a right to redeem pledged goods;
providing a pawnbroker's lien; providing procedures for obtaining
pledged goods alleged to have been misappropriated; providing for hold
orders; prescribing duties of the state attorney's office; providing
criminal penalties; providing for injunctive relief; providing
responsibility of the Department of Law Enforcement to provide arrest
and conviction records; prohibiting conflicting county or municipal
ordinances; providing that ch. 538, F.S., does not apply to pawnbrokers
licensed under the Florida Pawnbroking Act; 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 Klein-

HB 921-A bill to be entitled An act relating to Palm Beach County;
amending chapter 93-367, Laws of Florida; providing for the
preservation of certain enumerated employment benefits and
emoluments for employees and appointees of the Palm Beach County
Sheriffs Office; providing certain duties of the sheriff; providing an
effective date.

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

By Representative Stafford-

HB 923-A bill to be entitled An act relating to genetic testing for
insurance purposes; amending s. 627.401, F.S.; providing applicability
of provisions regulating insurance contracts to s. 627.4301, F.S.; creating
s. 627.4301, F.S.; prohibiting insurers from requiring or using certain
information derived from genetic testing of insureds or insurance
applicants; requiring insurers that obtain such information to maintain
its confidentiality; amending s. 632.638, F.S.; providing applicability of
s. 627.4301, F.S., to fraternal benefit societies; creating s. 636.0201, F.S.;
providing applicability of s. 627.4301, F.S., to prepaid limited health
service organizations; amending s. 641.30, F.S.; providing applicability
of s. 627.4301, F.S., to health maintenance organizations; creating s.
641.428, F.S.; providing applicability of s. 627.4301, F.S., to prepaid
health clinics; amending s. 760.40, F.S.; defining the term "genetic
testing"; providing standards for informed consent; providing for

confidentiality of records; providing civil and criminal penalties;
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 Brennan-

HB 925-SF-A bill to be entitled A proposal relating to public access
to health care information.

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

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

By Representative Brennan-

HB 927-SF-A bill to be entitled A proposal relating to welfare
reform.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.
By the Committee on Business & Professional Regulation;
Representatives Tobin, Jones, Morse, Wise, Bush, Starks, Morroni, and
Ziebarth-

HB 929-A bill to be entitled An act relating to talent agencies;
amending s. 468.412, F.S.; revising regulation of talent agencies;
requiring a written agreement listing services to be provided and
compensation to be charged; revising bonding requirements; requiring
talent agencies to place money collected for an artist into a trust or
escrow account; providing that violation of any law relating to talent
agencies shall be deemed a violation of the Unfair and Deceptive Trade
Practices Act, for which there are penalties; repealing ss. 468.402,
468.403,468.404, 468.405, 468.406,468.407,468.408,468.409, 468.410,
468.411,468.413,468.414, and 468.415, F.S., to eliminate licensure and
regulation of talent agencies by the Department of Business and
Professional Regulation; amending s. 468.401, F.S., relating to
definitions, to conform; 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 Feren-

HB 931-A bill to be entitled An act relating to criminal justice;
amending s. 784.07, F.S., relating to reclassification of offenses of
assault or battery upon law enforcement officers, firefighters, or other
specified officers; providing for specified offenses of assault or battery
upon an emergency medical technician or a paramedic to be reclassified
to a higher offense; providing for enhanced penalties; providing
minimum terms of imprisonment for certain offenses; reenacting s.
39.039(1)(b), F.S., relating to fingerprinting and photographing, s.
775.0877(1)(d)-(g), F.S., relating to criminal transmission of HIV, s.
921.0012(3)(d), (f), and (g), F.S., relating to sentencing guidelines offense
levels, and s. 943.051(3)(b), F.S., relating to criminal justice information
and fingerprinting, 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 Criminal Justice and Appropriations.

By Representative Andrews-

HB 933-A bill to be entitled An act relating to beach and shore
preservation; amending s. 161.053, F.S.; providing for an exception to
the state coastal construction control line in Palm Beach County;
providing for a county study; providing for use of the existing coastal
construction control line established prior to January 1, 1989, as the line
of reference; providing for certain remedial actions; providing
restrictions; providing an effective date.

March 5, 1996

71

72 JOURNAL OF THE HOUE

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

By Representatives Constantine, Casey, Greene, and Turnbull-

HB 935-A bill to be entitled An act relating to financial affairs of
local governments; amending s. 11.45, F.S.; revising definitions;
requiring audit reports of additional entities; requiring the Auditor
General to notify the Governor and Legislative Auditing Committee
when a local governmental entity is in a state of financial emergency;
providing goals and objectives for the local government financial
reporting system; amending s. 112.63, F.S.; providing that the
requirements of this section are supplemental to other specified
requirements; amending s. 129.01, F.S.; clarifying county revenues
derived from a special district for budget purposes; amending s. 129.02,
F.S.; clarifying which special districts are included with the county
capital-improvements budget; amending s. 129.06, F.S.; clarifying which
special districts are included in the county budget process; amending
requirements for accounting procedures; amending s. 166.241, F.S.,
providing that municipalities may consider carry-over funds when
making appropriations; amending ss. 175.261, 185.221, F.S.; providing
a cross-reference; providing that the respective requirements of these
sections are supplemental to other specified requirements; amending s.
189.4035, F.S.; revising the distribution of the official list of special
districts; amending s. 189.4085, F.S.; deleting the requirement that
special districts submit certain bond information to the Department of
Community Affairs; amending s. 189.412, F.S.; revising duties of the
Special District Information Program of the Department of Community
Affairs; amending s. 189.418, F.S.; revising the implementing and
reporting requirements applicable to a special district; amending s.
189.419, F.S.; requiring special districts to submit additional reports
and providing for legal action to be taken and fines to be assessed
against special districts for noncompliance; amending s. 189.427, F.S.;
providing for fines for failure to remit fees; amending s. 215.322, F.S.,
relating to acceptance of credit cards by state agencies, units of local
government, and the judicial branch; defining the term "unit of local
government"; amending s. 218.31, F.S.; amending definitions of terms
relating to local governmental financial management and reporting;
amending s. 218.32, F.S.; revising financial reporting requirements for
local governmental entities; creating s. 218.321, F.S.; providing for the
preparation of financial statements by local governmental entities;
amending s. 218.33, F.S., relating to uniform fiscal years and accounting
practices; conforming terminology; amending s. 218.335, F.S.; providing
for local governmental entities to charge interest; amending s. 218.34,
F.S.; providing that special districts may consider carry-over funds when
making special district appropriations; amending s. 218.37, F.S.;
revising and providing duties of the Division of Bond Finance; amending
s. 218.38, F.S.; revising the information required relating to bond issues;
amending s. 218.501, F.S.; revising the purpose of the Local Government
Financial Emergency Act; amending s. 218.502, F.S.; defining the term
"local governmental entity"; amending s. 218.503, F.S.; revising
procedures for determining and handling financial emergencies of a local
governmental entity; amending s. 218.504, F.S., relating to cessation of
state action; conforming terminology; authorizing the Department of
Transportation to collect program data from counties and
municipalities; providing an effective date.

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

By Representative B. Saunders--

HB 937-A bill to be entitled An act relating to saltwater fisheries;
amending s. 370.0605, F.S.; providing a fee for saltwater fishing for any
pier attached to the land; 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.

UI

E OF REPRESENTATIVES March 5, 1996

By Representative Peaden-

HB 939-A bill to be entitled An act relating to clinical laboratory
personnel; amending s. 408.033, F.S.; providing an exemption from
certain health care facilities assessments for clinical laboratories
operated by practitioners for exclusive use; amending s. 483.035, F.S.;
requiring the Agency for Health Care Administration to adopt rules
relating to personnel of such laboratories; amending ss. 483.101 and
483.106, F.S.; deleting requirement that application for a clinical
laboratory license or certificate of exemption be made under oath;
amending s. 483.172, F.S.; providing for expiration of the agency's
authority to collect a fee from certain laboratories; amending ss. 483.801
and 483.813, F.S.; providing for an exemption from regulation for
persons employed by certain laboratories; amending s. 483.803, F.S.;
revising the definition of "clinical laboratory personnel"; amending s.
483.805, F.S.; increasing membership of the Board of Clinical
Laboratory Personnel; revising membership requirements; amending s.
483.811, F.S.; providing application of regulatory provisions to certain
clinical laboratories; creating s. 483.824, F.S.; providing qualifications
of a clinical laboratory director; providing an effective date.

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

By Representative Valdes-

HB 941-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).
Referred to the Committee(s) on Health Care, Finance & Taxation,
and Appropriations.

By Representative Mackey-

HB 943-A bill to be entitled An act relating to commercial motor
vehicles; amending s. 316.302, F.S.; providing an updated reference to
federal rules and regulations with respect to certain commercial motor
vehicles; amending s. 316.515, F.S.; revising language with respect to
length limitations on certain commercial motor vehicles; providing an
effective date.

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

By Representatives Futch, Ball, Casey, Morroni, Thrasher, Culp, and
Posey-

HB 945-A bill to be entitled An act relating to injunctions and
restraining orders; providing a limitation on charges for issuing or
serving injunctions or restraining orders; 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 Livingston-

HB 947-A bill to be entitled An act relating to building construction;
creating s. 553.796, F.S.; providing conditions for issuance of a certificate
of occupancy for certain residential construction projects; requiring an
affidavit; providing for arbitration; providing criteria; providing
procedures; providing for alternative actions; providing limitations;
providing for enforcement; providing application; providing an effective
date.

JOURNAL OF THE HOUSE (

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

By Representative Smith-

HB 949-A bill to be entitled An act relating to ad valorem tax
administration; amending s. 197.502, F.S.; revising the value of property
with respect to which the county is required to make application for a
tax deed when it is the holder of the tax certificate; 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 Futch-

HB 951-A bill to be entitled An act relating to mobile home park
recreation districts; amending s. 418.304, F.S.; providing alternatives to
district boards of trustees for collecting a district assessment and for
enforcing a lien for a district assessment; providing penalties; providing
for delinquent fees; providing for a claim of lien for delinquent
assessments; providing for attorney fees under certain circumstances;
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 Futch-

HB 953-A bill to be entitled An act relating to clinical laboratories;
amending s. 483.181, F.S.; requiring clinical laboratories to accept
specimens submitted by certain licensed practitioners; providing an
exception; providing for uniform pricing; providing an effective date.

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

Referred to the Committee(s) on Health Care.

By Representative Futch-

HB 955-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.

By Representative Tobin-

HB 957-A bill to be entitled An act relating to the South Broward
Hospital District; providing for the relief of Tina Marie Kirkham, a
minor; directing the South Broward Hospital District, d.b.a. Memorial
Hospital, to appropriate funds to be paid to Susan Ryan and Carroll R.
Kirkham, as personal representatives of the estate of Diane Kirkham,
for the benefit of Tina Marie Kirkham, a minor, to compensate her for
the death of her mother due to the negligence of Memorial Hospital; ,
providing an effective date.

Proof of publication of the required notice was attached.

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

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

By Representative Tobin-

HB 959-A bill to be entitled An act relating to state symbols;
designating the Zebra Longwing as the official state butterfly; providing
an effective date.

OF REPRESENTATIVES 73

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

By Representative Lawson-

HB 961-A bill to be entitled An act relating to retirement; amending
s. 112.05, F.S.; eliminating references to the "standard benefit" and
providing for the calculation of the cost-of-living adjustment pursuant to
s. 121.101, F.S.; amending s. 112.64, F.S.; modifying requirements for
determining payroll growth assumptions for unfunded liability
amortization schedules; amending s. 121.021, F.S.; removing obsolete
language from the definition of "city"; redefining "compensation" to
exclude certain FRS employer contributions to salary reduction,
deferred compensation, or tax-sheltered annuity plans from
consideration as compensation for retirement purposes; amending s.
121.051, F.S.; declaring certain employees ineligible to participate in the
Florida Retirement System; providing for compulsory participation of
employees of certain dependent governmental entities under the
jurisdiction of an independent governmental entity in the Florida
Retirement System; amending s. 121.052, F.S.; authorizing certain
elected officials to elect membership in the Senior Management Service
Class under specified conditions; clarifying provisions relating to
purchase of retirement credit for upgraded service by certain elected
officers and former elected officers; amending s. 121.055, F.S.; allowing
certain elected officials to participate in the Senior Management Service
Optional Annuity Program under certain conditions; providing for
compulsory membership in the Senior Management Service Class for
certain senior managers in the Department of Military Affairs;
amending s. 121.101, F.S.; eliminating the use of the standard benefit
when calculating the initial cost-of-living adjustment; clarifying
provisions relating to determination of the monthly benefit; establishing
a supplemental cost-of-living adjustment for certain retirees and
beneficiaries; amending s. 121.1115, F.S.; clarifying requirements for
purchase of retirement credit for out-of-state public employment;
creating s. 121.1120, F.S.; authorizing the purchase of retirement credit
under the Florida Retirement System for certain in-state public service;
providing limitations and conditions; providing cost; amending s. 121.30,
F.S.; providing for application of federal limits on retirement
contributions and compensation used for retirement purposes; adjusting
contribution rates for the various classes and subclasses of membership
in the Florida Retirement System; providing effective dates.

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

HB 963-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 Turnbull and Maygarden-

HB 965-A bill to be entitled An act relating to hospitals; amending
s. 155.40, F.S.; providing for the effect of a reorganization of a county,
district, or municipal hospital as a not-for-profit corporation; providing
for accountability with respect to certain hospitals; providing a
retroactive effective date.

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

By Representative Fasano-

HB 967-A bill to be entitled An act relating to local governments;
creating s. 28.244, F.S.; requiring clerks of the circuit courts and other

March 5, 1996

74 JOURNAL OF THE HOUSE

officers with whom records are filed to refund overpayment of amounts
paid for services under certain circumstances; amending ss. 28.2401,
28.241, and 34.041, F.S.; expanding the use of service charges; amending
s. 274.02, F.S.; redefining the term "property" for purposes of
recordkeeping and inventory by local governmental units; amending s.
25.384, F.S.; clarifying a cross-reference to certain service charges
deposited in the Court Education 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.
By Representative Greene-

HB 969-A bill to be entitled An act relating to crime victims and
witnesses; requiring the Department of Law Enforcement to establish
a protocol within each county for protecting a victim of or witness to a
crime; requiring local law enforcement agencies to identify any victim or
witness who is at risk of harm due to a verbal or written threat;
providing requirements for the state attorney in implementing the
protection protocol; limiting the period during which protection services
may be provided; providing an exception; 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 971--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 live handle per 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 R. Wallace-

HB 973-A bill to be entitled An act relating to state government;
requiring the Comptroller to publish annually the amount spent on labor
under state contracted services; imposing certain duties on the
Comptroller; specifying requirements for certain procurement contracts;
providing duties of the procuring agency; providing application;
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 Safley and Livingston-

HB 975-A bill to be entitled An act relating to the "Mangrove
Trimming and Preservation Act"; amending s. 403.9322, F.S.; adding to
legislative findings; amending s. 403.9323, F.S.; expanding legislative
intent; amending s. 403.9324, F.S.; clarifying local government
authority; amending s. 403.9325, F.S.; adding, deleting, and revising
definitions; amending s. 403.9326, F.S.; revising exemptions from
permitting requirements; amending s. 403.9327, F.S.; revising
permitting standards; amending s. 403.9328, F.S.; revising alteration
and trimming standards; amending s. 403.9329, F.S.; revising
qualifications and standards for professional mangrove trimmers;
amending s. 403.9332, F.S.; revising mitigation and restoration
requirements; providing additional monetary 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.

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E OF REPRESENTATIVES March 5, 1996

By Representative Martinez-

HB 977-A bill to be entitled An act relating to confidentiality of
records relating to pawnbroker transactions; providing an exemption
from public records law for records relating to such transactions
delivered to appropriate law enforcement officials; 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 Business & Professional Regulation,
Governmental Operations, and Rules & Calendar.

By the Committee on Health Care; Representatives Graber and
D. Prewitt-

HB 979-A bill to be entitled An act relating to managed care;
creating s. 381.0407, F.S.; establishing requirements for managed care
and publicly funded primary care program coordination; amending s.
408.7056, F.S.; providing applicability of the Statewide Provider and
Subscriber Assistance Program to prepaid health clinics, exclusive
provider organizations, and certain prepaid health plans; amending s.
409.016, F.S.; providing a definition; amending s. 409.912, F.S., relating
to purchase of health care for the Medicaid program by the Agency for
Health Care Administration; specifying requirements for the provision
of emergency services; specifying conditions for provider exemption from
certain provisions governing health maintenance organizations;
expanding background check requirements for persons with an interest
in a provider; specifying the rate of reimbursement for services provided
outside the provider's authorized service area; specifying prohibited
provider practices; providing requirements regarding foreign language
materials and negotiations; providing an administrative fine; providing
a grace period for subscriber disenrollment; restricting use of certain
marketing materials; authorizing additional benefits under certain
circumstances; providing for agency processing of complaints and
disenrollment requests; providing for agency oversight of enrollment
practices; requiring publication of consumer service and complaint
hotline numbers; requiring external accreditation of certain prepaid
health plans; requiring establishment of a health care quality
improvement system; providing standards and guidelines; requiring
providers to achieve specified health screening rates for children;
providing a penalty for noncompliance; providing for release of entities'
screening rates; specifying information that must be provided to a
Medicaid recipient prior to enrollment in managed care; authorizing
agency contracts for program counseling, enrollment, and disenrollment
services; providing for capitation rate adjustments; providing for
enhanced managed care quality assurance oversight activities by the
agency; requiring background check of persons who own or manage
certain prepaid health plans; requiring providers to make available and
encourage prenatal, postpartum, and infant care and services; amending
s. 409.9122, F.S., relating to Medicaid managed care enrollment;
requiring the agency to establish a complaint and grievance process;
requiring managed care plans to document that Medicaid recipients
receive entitled care; requiring establishment of a statewide Medicaid
managed care consumer advisory committee; providing membership and
duties; providing for future repeal; establishing criteria for providers of
care to children with special health care needs in the MediPass program;
establishing a Medicaid patient care standards committee; providing for
development of patient care standards; amending s. 627.6472, F.S.;
requiring exclusive provider organizations to provide direct access to a
dermatologist under contract with the organization and to develop
criteria for compliance; amending s. 641.19, F.S.; revising definitions;
amending s. 641.21, F.S.; limiting an exemption from requirements to
obtain a health maintenance organization certificate of authority;
amending s. 641.225, F.S.; deleting certain health maintenance
organization financial surplus requirements; amending s. 641.31, F.S.;
requiring health maintenance contracts to contain definitions relating
to emergency services and care; providing requirements relating to
coverage for emergency services and care; requiring health maintenance
organizations to provide direct access to a dermatologist under contract
with the organization and to develop criteria for compliance; amending
s. 641.386, F.S.; requiring compliance with certain standards when

JOURNAL OF THE HOUSE

marketing for a health maintenance organization or enrolling
subscribers; amending s. 641.47, F.S.; revising definitions; amending s.
641.48, F.S.; providing additional criterion and limiting exemptions for
certain prepaid health plans; providing for future expiration of an
exemption under certain circumstances; requiring background check of
persons who manage, own, or control a health maintenance organization
or prepaid health clinic; creating s. 641.513, F.S.; specifying
requirements for provision of emergency services and care under a
health maintenance contract; providing an appropriation; providing an
effective date.

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

By the Committee on Health Care; Representatives Graber and
D. Prewitt-

HB 981-A bill to be entitled An act relating to managed care;
amending s. 627.6472, F.S.; authorizing agency rules regarding
exclusive provider organizations; requiring exclusive provider
organizations to provide direct access to a dermatologist under contract
with the organization and to develop criteria for compliance; creating s.
627.6474, F.S.; requiring insurers offering preferred provider or
exclusive provider plans to submit minority recruitment and retention
plans to the agency; requiring agency approval; providing a timeframe;
providing that noncompliance is a violation of the Insurance Code;
amending s. 641.2015, F.S.; exempting public entities from
incorporation requirements under the "Health Maintenance
Organization Act"; amending ss. 641.23, 641.261, 641.405, 641.406,
641.411,641.412,641.443,641.454,641.455,641.54,641.56, and 641.57,
F.S.; conforming references to transfer of certain responsibilities from
the Department of Health and Rehabilitative Services to the agency;
amending s. 641.28, F.S.; providing for civil remedies against certain
prepaid health plans; specifying procedures for recovery of attorney's
fees and court costs; amending s. 641.31, F.S.; requiring health
maintenance organizations to provide direct access to a dermatologist
under contract with the organization and to develop criteria for
compliance; amending s. 641.402, F.S.; providing a definition; amending
s. 641.49, F.S.; modifying application requirements for health
maintenance organization and prepaid health clinic certificates of
authority; amending s. 641.495, F.S.; requiring health maintenance
organizations and prepaid health clinics to have a system for verification
and examination of the credentials of all of its providers; requiring such
organizations to have certain emergency management plans; amending
s. 641.50, F.S.; requiring health maintenance organizations to submit
minority recruitment and retention plans to the agency as a condition
of issuance of a certificate of authority; requiring agency approval;
providing a timeframe; providing that noncompliance is a violation of
part III of chapter 641; providing a penalty; amending s. 641.51, F.S.;
revising quality assurance program requirements; amending s. 641.511,
F.S.; clarifying health maintenance organization subscriber grievance
procedures; amending s. 641.512, F.S.; requiring an annual quality-of-
care validation survey of health maintenance organizations and prepaid
health clinics; amending s. 641.515, F.S.; requiring the agency to review
subscriber and provider complaints; amending s. 641.52, F.S.; increasing
certain administrative fines; amending s. 641.55, F.S.; revising internal
risk management program requirements; providing an exemption for
hospitals; amending s. 641.58, F.S.; specifying a deduction from
premiums collected for the purposes of the health maintenance
organization and prepaid health clinic regulatory assessment; 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 Upchurch, Thrasher, and Arnall-

HB 983-A bill to be entitled An act relating to the City of St.
Augustine, St. Johns County; contracting the municipal boundaries to
exclude certain property; providing that the area excluded from the City
of St. Augustine shall no longer be subject to the laws and regulations
in force in the City of St. Augustine; providing that the excluded

March 5, 1996

OF REPRESENTATIVES 75

property be subject to all laws, ordinances, and regulations in force in
St. Johns County; providing that the area excluded may continue to
receive municipal utilities; providing for apportionment of municipal
debt; 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 Representatives Upchurch, Thrasher, and Arnall-

HB 985-A bill to be entitled An act relating to the Cities of St.
Augustine and St. Augustine Beach, St. Johns County; contracting the
municipal boundaries of the City of St. Augustine to exclude that portion
of the right-of-way of Pope Road lying within the City of St. Augustine;
providing that the area excluded from the City of St. Augustine shall no
longer be subject to the laws and regulations in force in the City of St.
Augustine; annexing the right-of-way of Pope Road lying Eastwardly of
State Road 3 and that portion of Anastasia State Recreation Area lying
Southerly of the North right-of-way line of Pope Road as extended
Eastwardly to the waters of the Atlantic Ocean into the City of St.
Augustine Beach; providing that the annexed property be subject to all
laws, ordinances, and regulations in force in St. Augustine Beach;
providing that this act shall not affect the status of Pope Road as a
county road; 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 Representatives Upchurch, Thrasher, and Arnall-

HB 987-A bill to be entitled An act relating to the City of St.
Augustine, St. Johns County; allowing the use of golf carts for municipal
purposes on state, county, and municipal roadways within the corporate
limits of the City of St. Augustine; providing for safety equipment;
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 Transportation and Community
Affairs.

By Representative R. Wallace-

HJR 989-A joint resolution proposing an amendment to Section 7 of
Article III of the State Constitution relating to passage of bills.

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

By Representative Thrasher-

HB 991-A bill to be entitled An act relating to venue; amending s.
47.122, F.S.; providing for transfer of a civil action to another court in
this state for the convenience of the parties or witnesses or in the
interest of justice; providing guidelines for the court to stay or dismiss
certain actions; providing an exception in cases when the parties have
contractually agreed upon venue; providing an effective date.

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

By Representative Edwards-

HB 993-A bill to be entitled An act relating to driver licenses;
amending s. 322.025, F.S.; authorizing the Department of Highway
Safety and Motor Vehicles to authorize driver education training courses

76 JOURNAL OF THE HOUSE

offered by any person, public or private corporation, firm, organization,
school, state agency, or subdivision of state government; providing
requirements for such courses; providing for monitoring of such courses
by the department; amending s. 322.05, F.S.; prohibiting the
department from issuing certain driver's licenses to persons under age
18 under certain circumstances; providing for rules; providing for future
repeal; 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 Arnall-

HB 995-A bill to be entitled An act relating to convention
development taxes; amending s. 212.0305, F.S.; amending the list of
ways in which a consolidated county may use the proceeds from such a
tax that is levied by the county; 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 Arnall-

HB 997-A bill to be entitled An act relating to life insurance;
amending s. 627.453, F.S.; specifying grace periods for payment of
premiums on certain contracts; providing a definition; amending ss.
627.4555 and 627.5045, F.S.; requiring notice of impending terminations
or changes in status under certain circumstances; providing for
designation of secondary addressees; providing requirements; providing
a definition; amending s. 627.4556, F.S.; requiring certain applications
to contain certain information; 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 Arnall-

HB 999-A bill to be entitled An act relating to affordable housing;
amending s. 420.5092, F.S.; revising the definition of the term
"affordable housing guarantee" with respect to the Florida Affordable
Housing Guarantee Program; providing for contractual provisions to
foster reimbursement of guarantees; providing that certain tax proceeds
distributed to the State Housing Trust Fund shall be transferred to the
fund to meet certain claims payment obligations; providing that funds
in the guarantee fund shall be used as the primary resource to support
housing guarantees; revising requirements with respect to the
feasibility study on the risk exposure of funds in the guarantee fund;
increasing the maximum amount of revenue bonds the agency may issue
to capitalize the guarantee fund; 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 Arnall-

HB 1001--A bill to be entitled An act relating to employment; creating
the "Untried Worker and Employer Protection Act"; providing a
definition; authorizing certain employers to hire certain persons without
certain rights under certain circumstances; providing criteria; providing
limitations; providing for drug testing; providing legislative intent;
providing for future repeal; 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 Mackey-

HB 1003-A bill to be entitled An act relating to the Department of
Transportation; amending s. 337.19, F.S.; providing that suits or actions
brought against the department may be brought in the county of the

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E OF REPRESENTATIVES March 5, 1996

department's district headquarters responsible for the work, in addition
to other locations; 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 Upchurch-

HB 1005-A bill to be entitled An act relating to political
advertisements; amending s. 106.143, F.S.; providing disclosure
requirements and prohibitions against misrepresentation with respect
to telephone calls to voters to support or oppose any candidate, elected
public official, or issue; providing penalties; authorizing the Division of
Elections of the Department of State to adopt rules to provide expedited
hearings before the Florida Elections Commission on complaints of
violations of political advertisement requirements relating to disclosure
and misrepresentation; 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 Upchurch, Ritchie, Starks, and Fasano-

HB 1007-A bill to be entitled An act relating to postsecondary
education; amending s. 240.116, F.S., relating to articulated
acceleration; providing for dual enrollment for home education program
students; providing requirements; providing an effective date.

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

By Representative Chestnut-

HB 1009-A bill to be entitled An act relating to education; creating
s. 229.0535, F.S.; providing responsibility of the State Board of
Education to implement a system of school improvement and
accountability; authorizing intervention in the operation of district
school systems with low-performing schools; authorizing
recommendation of specified actions; 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 Kelly-

HB 1011-A bill to be entitled An act relating to environmental
administrative rules; amending s. 258.397, F.S.; deleting mandatory
rulemaking by the Board of Trustees of the Internal Improvement Trust
Fund; amending ss. 316.293, 327.25, 327.731, 370.023, 370.25, 373.309,
375.075, 376.051, 376.07, 376.12, 403.1823, 403.1826, 403.704,
403.7049, 403.7255, 403.8052, 860.20, F.S.; deleting certain mandatory
rulemaking requirements of the Department of Environmental
Regulation; repealing s. 161.161(8), F.S., which provides for the adoption
of rules; repealing s. 193.621(7), F.S., which provides for the Department
of Environmental Protection to adopt rules relating to the assessment
of taxes on pollution control devices; repealing s. 380.051, F.S., which
provides for coordinated agency review of the Florida Keys area of
critical state concern; repealing s. 380.06(9), F.S., which provides for
conceptual agency review of developments of regional impact; repealing
s. 403.763(4), F.S., which provides for mandatory rulemaking; repealing
s. 403.7893(3), F.S., which provides for rulemaking authority; repealing
s. 37 of ch. 83-310, Laws of Florida, as amended by s. 3 of ch. 89-285,
Laws of Florida, relating to the siting of a multi-purpose hazardous
waste facility; repealing s. 2 of ch. 92-18, Laws of Florida, relating to the
prohibition of citation quotas for marine patrol officers; 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.

_ _

JOURNAL OF THE HOUSE]

By Representative Johnson-

HB 1013-A bill to be entitled An act relating to insurance; requiring
certain insurers to file reports concerning their risk based capital;
requiring the Department of Insurance to request such reports under
certain circumstances; providing for hearings; providing definitions and
reporting requirements; requiring certain insurers to file reports of
material transactions concerning their assets or their ceded reinsurance
agreements; providing definitions and reporting requirements;
prescribing authority of the Department of Insurance with respect to
such reports; amending s. 624.424, F.S.; increasing the time limitation
on insurers using certain accounting services for certain purposes;
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 Edwards-

HB 1015-A bill to be entitled An act relating to excise tax on
documents; amending s. 201.08, F.S.; specifying that the tax does not
apply to receipts and other records of credit card and debit card
transactions; providing legislative intent; 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 Diaz de la Portilla-

HB 1017-A bill to be entitled An act relating to the Florida Violent
Crime Council; abrogating the repeal of s. 943.031, F.S., relating to the
council; 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 Merchant, Andrews, Warner, Jacobs, Greene,
Frankel, and Healey-

HB 1019-A bill to be entitled An act relating to Northern Palm Beach
County Improvement District; providing for the correction of errors
contained in legal descriptions set forth in chapter 95-504, Laws of
Florida; providing for the annexation of lands into the Northern Palm
Beach County Improvement 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 Natural Resources, Community
Affairs, and Finance & Taxation.

By Representatives Logan, King, Jones, Albright, Maygarden, Kelly,
and D. Prewitt-

HB 1021-Abill to be entitled An act relating to the Agency for Health
Care Administration; amending ss. 20.42, 408.40, and 440.13, F.S.;
deleting the authority of the agency to conduct hospital budget reviews;
repealing s. 408.07(7), (9), (12), and (37), F.S., relating to the definition
of "applicable rate of increase," "banked points," "budget," and
"maximum allowable rate of increase"; repealing s. 408.072, F.S.,
relating to review of hospital budgets; repealing s. 408.08(2), (3), (4), (5),
(6), (7), (8), (9), (10), (11), and (12), F.S., relating to hospital review and
penalties; providing for the applicability of the act; providing an effective
date.

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

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

By Representatives Klein, Morse, Spivey, and Carlton-

HB 1023 -A bill to be entitled An act relating to electronic signatures;
creating the "Electronic Signature Act of 1996"; providing legislative

March 5, 1996

E OF REPRESENTATIVES 77

intent; amending s. 1.01, F.S.; revising a definition; .providing
definitions; authorizing electronic signatures for certain purposes;
authorizing the Secretary of State to be a certification authority for
certain purposes; authorizing the Secretary of State to impose a fee for
certain expenses; requiring each agency head to adopt and implement
certain control processes and procedures for certain purposes; requiring
the Secretary of State to conduct a study and report 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 Johnson-

HB 1025-A bill to be entitled An act relating to insurance; creating
s. 624.145, F.S.; amending s. 626.9541, F.S.; correcting cross references;
imposing a fiduciary duty in the management of insurance companies;
providing criteria; amending s. 631.001, F.S.; clarifying construction and
purpose of the "Insurers Rehabilitation and Liquidation Act"; amending
s. 631.011, F.S.; revising certain definitions and providing additional
definitions; amending s. 631.041, F.S.; providing additional procedures
and criteria relating to certain court actions; amending s. 631.111, F.S.;
requiring financial reports in certain court actions; amending s. 631.141,
F.S.; providing additional procedures relating to delinquency
proceedings for domestic and alien insurers; providing for deposit of
certain assets into a closed estate fund account; authorizing uses of
moneys in such account; requiring an annual audit of such fund;
amending s. 631.152, F.S.; vesting title to certain assets in the
department under certain circumstances; providing procedures for
transfer of such title; amending s. 631.154, F.S.; clarifying procedures
for recovery and distribution of certain estate assets or property;
creating s. 631.1541, F.S.; imposing liability to the department upon
certain persons for activities relating to influencing the department or
certain officials; providing criteria; authorizing the department to bring
certain actions under certain circumstances; creating s. 631.1542, F.S.;
providing entitlement to recover judgment for certain assets by a
receiver under certain circumstances; amending s. 631.171, F.S.;
specifying validity of certain claims; amending s. 631.205, F.S.;
providing for recovery by the department of attorney fees and certain
other specified amounts in certain actions relating to reinsurance
contracts; providing criteria; requiring the department to provide notice
of certain claims; providing application; amending s. 631.252, F.S.;
specifying additional limitations relating to continuation of certain
coverage; amending s. 631.391, F.S.; clarifying a definition; amending s.
631.57, F.S.; clarifying conditions under which the department may levy
certain assessments; amending s. 631.915, F.S.; revising the definition
of "covered claim"; providing effective dates.

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

By Representative Livingston-

HB 1027-A bill to be entitled An act relating to secondhand dealers;
amending s. 538.06, F.S.; revising requirements with respect to
secondhand dealers who accept a motor vehicle title in a title loan
transaction; 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 Roberts-Burke and Warner-

HB 1029-A bill to be entitled An act relating to limited surety agents,
professional bail bond agents, and interns; amending s. 648.25, F.S.;
revising definitions; revising chapter 648 to provide for application to
limited surety agents, professional bail bond agents, and interns;
providing for temporary licenses; authorizing the Department of
Insurance to review certain records and books; prohibiting certain
activities; providing penalties; requiring the department to deposit

78 JOURNAL OF THE HOUSE

appointment taxes and fees into certain funds for certain purposes;
requiring internship for certain applicants; authorizing continuation of
licenses of certain runners under certain circumstances; providing for
reexaminations and reexamination fees; providing requirements;
revising specified prohibited activities; revising provisions relating to
collateral security; providing for liability for failing to return certain
collateral; providing requirements; revising license or appointment
denial, suspension, revocation, or refusal to renew provisions; providing
for taking possession of records of persons whose license is terminated
or revoked; amending ss. 648.27, 648.29, 648.295, 648.30, 648.31,
648.315, 648.33, 648.34, 648.35, 648.36, 648.365, 648.37, 648.38,
648.381, 648.382, 648.383, 648.384, 648.39, 648.40, 648.41, 648.42,
648.421, 648.43, 648.44, 648.441, 648.442, 648.4425, 648.45, 648.46,
648.48, 648.49, 648.50, 648.55, and 648.571, F.S., to conform; creating
s. 648.285, F.S.; requiring identification; creating s. 648.385, F.S.;
requiring continuing education; providing exceptions; providing
requirements; providing penalties; creating s. 648.386, F.S.; specifying
qualifications for continuing education schools and instructors;
providing instructor's duties; repealing s. 648.265, F.S., relating to the
Bail Bond Advisory Council; amending ss. 648.26 and 648.266, F.S., to
conform; repealing s. 648.51(3), F.S., relating to delivery to the
department of certain expired licenses; 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 Graber-

HB 1031-A bill to be entitled An act relating to health care; creating
the "Florida Health Care Community Antitrust Guidance Act of 1996";
providing legislative intent; providing for antitrust no-action letters;
providing definitions; providing criteria for the receipt of such letters;
providing for the submission of certain information to the Office of the
Attorney General; authorizing the Office of the Attorney General to take
certain action; providing for fee assessments; requiring the Agency for
Health Care Administration to make Florida health care market
information available; requiring the Department of Insurance to make
certain information available; authorizing certain transfer of funds;
providing an effective date.

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

By Representative Morroni-

HB 1033-A bill to be entitled An act relating to the district school
tax; amending s. 236.25, F.S.; authorizing additional uses of the
proceeds of the millage levied for capital outlay; 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 Graber-

HB 1035-A bill to be entitled An act relating to public records;
providing an exemption from public records requirements for certain
information submitted to state officials by members of the health care
community as a part of a review of antitrust issues; 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, Governmental
Operations, and Rules & Calendar.
By Representative Peaden-

HB 1037-A bill to be entitled An act relating to sales tax revenues;
providing for deposit of sales tax collections resulting from Hurricane

I

E OF REPRESENTATIVES March 5, 1996

Erin and Hurricane Opal into the Hurricane Erin and Hurricane Opal
Recovery and Rebuilding Trust Fund under the Department of
Community Affairs for a specified period; authorizing the Governor to
transfer funds from the trust fund during a specified period to specified
counties, political subdivisions therein, state agencies, and the judicial
branch, upon application, for relief and recovery activities related to
Hurricane Erin and Hurricane Opal; providing requirements for such
transfers; providing that the Governor shall submit recommendations
regarding certain requests for funding to the Legislature; prohibiting
expenditure of transferred funds for certain purposes; providing for
audits; providing for recovery of improperly expended funds; providing
for transfer of the unobligated balance in the trust fund to the Working
Capital Fund on June 30, 1998; amending s. 215.22, F.S.; exempting the
trust fund from the service charge imposed by s. 215.20(1), 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, Appropriations, and Rules & Calendar.

By Representatives Lippman, Jones, Mackenzie, Miller, Cosgrove,
Boyd, Posey, Wise, Klein, Healey, Smith, Brennan, Trovillion, Casey,
Bloom, Tobin, and Bainter-

HB 1039-A bill to be entitled An act relating to the Florida Safety
Belt Law; amending s. 316.614, F.S.; deleting obsolete language;
eliminating a provision which requires enforcement of the act only as a
secondary action; 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 Education; Representatives Chestnut, Stabins,
Tobin, Tedder, Morroni, Thrasher, Arnold, Andrews, Trovillion, Bullard,
Horan, Turnbull, Davis, Carlton, Rayson, Culp, Fasano, Bush, Lynn,
and Wasserman Schultz-

HB 1041-A bill to be entitled An act relating to education; amending
ss. 232.245, 232.246, and 232.425, F.S.; raising the required cumulative
grade point average for purposes of the school district comprehensive
program for pupil progression, high school graduation, and participation
in interscholastic extracurricular activities; restricting access to certain
high school courses; providing for satisfaction of certain requirements;
revising credit requirements; correcting cross references; amending s.
232.2454, F.S.; revising provisions relating to student performance
standards; amending s. 231.17, F.S.; requiring mastery in the subject
area of mathematics for certain teacher certification; amending s.
240.529, F.S.; requiring standards for preparation of teachers for
instruction of higher-level mathematics concepts; amending ss. 229.565
and 233.011, F.S.; correcting cross references; amending s. 240.116, F.S.;
providing requirements for student enrollment in dual enrollment
courses; requiring the development of standards; amending s. 240.117,
F.S., relating to the common placement test for postsecondary education;
revising a dual enrollment requirement; amending s. 240.118, F.S.;
requiring the recommendation of statutory changes to reduce
postsecondary remediation; providing an effective date.

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

By Representative Livingston-

HB 1043-A bill to be entitled An act relating to registered limited
liability partnerships; amending s. 620.78, F.S.; revising registration
filing procedures for limited liability partnerships; providing duties of
the Department of State; creating s. 620.7801, F.S.; requiring the
department to collect certain filing fees; authorizing the department to
prescribe forms and adopt rules; amending s. 620.7885, F.S.; clarifying
foreign registered limited liability partnership registrations
requirements; creating s. 620.79, F.S.; providing applicability; amending
s. 620.8101, F.S.; revising definitions; amending ss. 620.8103, 620.8105,

JOURNAL OF THE HOUSE

620.8303, 620.8304, 620.8702, 620.8703, 620.8704, 620.8805, 620.8806,
620.8807, 620.8903, 620.8906, and 620.8907, F.S.; clarifying and
conforming provisions; providing and correcting cross references;
amending s. 620.8306, F.S.; specifying individual liability of a partner;
amending s. 620.8307, F.S.; limiting certain actions against partner
assets under certain circumstances; amending s. 620.8401, F.S.; limiting
required indemnification payments by a partner under certain
circumstances; amending s. 865.09, F.S.; revising an exemption from
fictitious name registration requirements; clarifying a prohibition
against using certain names; repealing s. 620.784(2), F.S., relating to
reservation of an exclusive right to a partnership name; 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 Wise-

HB 1045-A bill to be entitled An act relating to review of the
regulation of professional activities; creating s. 11.63, F.S.; creating the
"Regulatory Reform or Repeal Act"; providing intent; providing for
legislative review of the regulation of professional activities; providing
criteria and requirements for such review; providing for automatic
repeal of all such regulation, subject to such review prior to the
scheduled repeal; providing for reversion of funds and refunding of fees
upon abolition of a regulatory program or function; providing for
instituting or prosecuting causes of action accruing prior to or pending
on abolishment of a program or function; providing additional
applicability to acts committed before repeal or amendment; creating s.
11.64, F.S.; providing a repeal and review schedule; amending ss.
11.513, 216.0166, and 216.0172, F.S.; requiring the Office of Program
Policy Analysis and Government Accountability to perform its program
evaluation and justification reviews simultaneously and in coordination
with the reviews required under the Regulatory Reform or Repeal Act
when the reviews are covering the same or similar programs or
functions; 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 Brooks-

HB 1047-A bill to be entitled An act relating to the Department of
Law Enforcement; amending s. 877.19, F.S.; deleting a requirement that
the department prescribe rules for reports filed under the Hate Crimes
Reporting Act; amending s. 943.03, F.S.; providing for rules to be
adopted at the discretion of the department for purposes of enforcing ch.
943, F.S.; amending s. 943.042, F.S.; deleting a requirement that the
department promulgate rules for disbursements from the Violent Crime
Emergency Account; providing requirements for requests for
disbursements from the account; amending s. 943.052, F.S.; deleting a
requirement that the Division of Criminal Justice Information Systems
within the department adopt rules for submitting disposition reports to
the division; amending s. 943.0525, F.S.; deleting a requirement that the
agreements used by agencies that participate in the criminal justice
information system be adopted by rule of the division; repealing s.
943.05(2)(d), F.S., relating to rules for administering and using the
division's automated fingerprint identification system, uniform offense
reports, and arrest reports; 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 Bullard-

HB 1049-A bill to be entitled An act relating to the Commission on
Ethics; amending s. 112.321, F.S.; revising membership and
organization of the commission; revising qualifications; revising
appointment procedure; eliminating the limit on the number of terms
served in succession; prohibiting serving as an acting circuit judge

March 5, 1996

OF REPRESENTATIVES 79

during the term of appointment; providing exceptions for mediation and
arbitration; providing for termination of the terms of members of the
current commission and for appointment of new members; providing for
carryover of unfinished business; providing effective dates.

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

By Representative Spivey-

HB 1051-A bill to be entitled An act relating to water resource
planning; amending s. 163.3177, F.S.; requiring additional assessment
of water needs and sources within the conservation element of a local
government comprehensive plan; providing for use of certain inventories
and data; 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 Spivey-

HB 1053-A bill to be entitled An act relating to water resources;
amending ss. 163.3177 and 373.0395, F.S.; requiring maintenance of the
integrity of the water budget in a hydrogeologic ground or surface 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 Trovillion-

HB 1055-A bill to be entitled An act relating to instructional
materials; amending s. 233.34, F.S.; providing for school districts to loan
instructional materials to eligible students in nonpublic schools;
amending s. 233.38, F.S.; providing for exchanges of textbooks among
school districts; amending s. 233.39, F.S.; providing for renovation and
repair of textbooks; amending s. 233.47, F.S.; prohibiting school districts
from purchasing instructional materials that are religious in nature or
content for, or loaning such materials to, students in nonpublic schools;
amending s. 233.49, F.S.; providing for textbooks for partially sighted
children; defining eligible nonpublic school students for purposes of
loans of instructional materials; 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 Rojas, Reddick, Livingston, Davis, and Ogles-

HB 1057-A bill to be entitled An act relating to alternative energy
sources; 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 Florida
Solar Energy Center to certify the equipment used in such systems;
providing an effective date.

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

By Representative Bullard-

HB 1059-A bill to be entitled An act relating to deferred deposits of
checks; amending s. 560.302, F.S.; providing definitions; amending s.
560.309, F.S.; authorizing the holding of certain checks for a certain
time; including deferred deposit checks under authorization to charge
certain processing fees; amending s. 832.05, F.S.; providing that certain
checks held for longer than specified periods are worthless; providing an
effective date.

80 JOURNAL OF THE HOUSE

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

By Representative Bullard--

HB 1061-SF-A bill to be entitled A proposal relating to criminal
justice.

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

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

By Representative Bullard-

HJR 1063-A joint resolution proposing an amendment to Section 1
of Article IX of the State Constitution relating to the system of public
education.

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

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

By Representative Bullard-

HB 1065-A bill to be entitled An act relating to education; amending
s. 232.25, F.S.; revising provisions relating to periods of time when a
pupil is subject to control of the school; 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 Johnson-

HB 1067-A bill to be entitled An act relating to confidentiality of
reports of insurers concerning their risk-based capital and reports of
their assets or ceded reinsurance agreements; providing confidentiality
for reports concerning the risk-based capital of insurers filed with the
Department of Insurance; specifying that such records are exempt from
the public records law; providing exceptions; providing confidentiality
for reports of insurers pertaining to acquisition or disposition of assets
or to nonrenewal, cancellation, or revision of a ceded reinsurance
agreement; providing exceptions; providing a finding of public necessity;
providing for expiration of the exemptions and for prior legislative
review; providing a conditional effective date.

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

By Representatives Sindler, Lippman, Martinez, Constantine, Futch,
Crist, Starks, Peaden, Ball, Rodriguez-Chomat, Crady, Flanagan,
Bainter, Ogles, Thrasher, Roberts-Burke, Fuller, Bloom, Fasano, Kelly,
Smith, Reddick, Mackey, Trovillion, Rojas, Bronson, Sublette, Posey,
Miller, Tedder, Carlton, Merchant, Betancourt, Albright, King, Brown,
Stafford, Melvin, Barreiro, Safley, Sembler, Valdes, Goode, Burroughs,
Brennan, Sanderson, Arnall, Morroni, Geller, Minton, Bradley, Lynn,
and Villalobos-

HB 1069-A bill to be entitled An act relating to criminal justice;
amending s. 16.56, F.S.; authorizing the Office of Statewide Prosecution
within the Department of Legal Affairs to investigate and prosecute
specified computer pornography and child exploitation offenses;
amending s. 847.0135, F.S.; revising specified computer pornography
and child exploitation offenses to include the element of facilitating,
encouraging, offering, or soliciting sexual conduct of or with a person
believed to be a minor, and providing third degree felony penalties
therefore; defining the third degree felony offense of knowingly utilizing
a computer on-line service, internet service, or local bulletin board
service to seduce, solicit, lure, entice, or attempt to seduce, solicit, lure,
or entice, a child or person believed to be a child to commit an act
described in chapter 794, F.S., relating to sexual battery; chapter 800,
F.S., relating to lewdness and indecent exposure; or chapter 827, F.S.,
relating to child abuse; providing penalties for such offense; prohibiting
the owner or operator of a computer on-line service, internet service, or

I1

E OF REPRESENTATIVES March 5, 1996

local bulletin board service knowingly to permit a subscriber to commit
such offense, and providing criminal penalties for violating such
prohibition; providing jurisdictional guidelines; 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 Arnold-

HB 1071-SF-A bill to be entitled A proposal relating to juvenile
justice.

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

By Representative Harris-

HB 1073-A bill to be entitled An act relating to cattle-dipping vats;
creating s. 376.306, F.S.; providing legislative findings; providing
release from liability for certain property owners; providing a retroactive
effective date.

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

By Representative Safley-

HB 1075-A bill to be entitled An act relating to regulation of trade
and commerce; repealing part I of chapter 559, F.S., relating to trading
stamps; 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 Corrections; Representative Sindler-

HB 1077-A bill to be entitled An act relating to correctional
privatization; amending s. 957.03, F.S.; revising qualifications for
membership of the Correctional Privatization Commission; providing for
the Governor to appoint an employee of the Department of Corrections
as an additional member of the commission; amending s. 957.04, F.S.,
relating to contracts for operating private correctional facilities;
requiring the commission to select qualified firms with the most cost-
effective proposals; amending s. 957.07, F.S.; revising language with
respect to cost-saving requirements of the commission; providing for
applicability; 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 D. Prewitt-

HB 1079-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 and Appropriations.

HB 1081-Withdrawn

By Representatives Mackenzie and Minton-

HB 1083-A bill to be entitled An act relating to the IGFA World
Center facility; amending s. 212.20, F.S.; providing for distribution of a
portion of revenues from the tax on sales, use, and other transactions to
such facility; creating s. 288.1169, F.S.; providing for certification of such
facility by the Department of Commerce; providing requirements for

certification; requiring the IGFA World Center to contribute certain
advertising; terminating or abating funding under certain
circumstances; providing for use of the funds distributed to the facility;
providing for audits by the Department of Revenue; providing for
periodic recertification; 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 Smith-

HB 1085-A bill to be entitled An act relating to military affairs;
amending s. 250.35, F.S.; increasing fines with respect to courts-martial;
amending s. 250.06, F.S.; authorizing the Governor to authorize the
organized militia to provide extraordinary support to law enforcement
and to provide certain humanitarian relief; amending s. 250.24, F.S.;
revising language with respect to pay and expenses of the militia to
provide for payroll approval by the Adjutant General under certain
circumstances; providing an effective date.

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

By Representative Roberts-Burke-

HB 1087-A bill to be entitled An act relating to child custody and
support; amending s. 61.075, F.S.; revising language with respect to the
equitable distribution of marital assets and liabilities; amending s.
61.13, F.S.; providing that the circuit court in the county in which either
parent and the child reside or the circuit court in which the original
award of custody was entered have jurisdiction to modify an award of
child custody; amending s. 61.30, F.S.; providing, with respect to gross
income for child support purposes, that gross income includes court-
ordered spousal support in the marriage before the court; providing that
an allowable deduction from gross income shall be spousal support paid
pursuant to a court order from a previous marriage or the marriage
before the court; revising language with respect to minimum child
support awards; providing an effective date.

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

HB 1089-SF-Withdrawn

By Representatives Frankel and Wise-

HB 1091-SF-A bill to be entitled A proposal relating to responsible
fatherhood.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Child Abuse & Neglect, Select, and
Appropriations.
By Representative Tobin-

HB 1093-A bill to be entitled An act relating to check cashing;
amending s. 560.309, F.S.; prohibiting seeking reimbursement from a
check issuer under certain circumstances; providing an exception;
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 Mackenzie-

HB 1095-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. 240.35, F.S.; revising provisions relating to the

81

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; 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 the Committee on Governmental Operations; Representative
Lawson-

HB 1097-A bill to be entitled An act relating to retirement;
amending s. 112.21, F.S.; prohibiting public entities from expending
public funds for certain tax-sheltered annuities or custodial accounts;
amending s. 112.215, F.S.; prohibiting public entities from expending
public funds for certain deferred compensation programs; amending s.
112.625, F.S.; redefining the term "retirement system or plan";
amending s. 121.021, F.S.; clarifying the definition of "compensation" for
purposes of the Florida Retirement System to specify that certain
employer payments into a deferred compensation program shall not be
considered compensation for retirement purposes; providing an effective
date.

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

By Representatives Heyman, Morse, Kelly, Bloom, Davis, Spivey,
Barreiro, Roberts-Burke, Meek, Rodriguez-Chomat, Bullard,
Betancourt, Cosgrove, and Diaz de la Portilla-

HB 1099-A bill to be entitled An act relating to regulation of vessels;
amending s. 327.11, F.S.; providing that a person must be a certain age
to own vessels powered by a motor of 10 horsepower or more; amending
s. 327.39, F.S.; providing requirements with respect to the operation of
personal watercraft by persons of a certain age; creating s. 327.515, F.S.;
providing for the operation of vessels by persons of a certain age;
requiring a boater education course under certain circumstances;
providing for Department of Environmental Protection rules; providing
for a fee; creating s. 327.516, F.S.; providing that counties or
municipalities may serve as ex office arms of the Florida Marine Patrol
under certain circumstances; amending s. 327.54, F.S.; providing
requirements with respect to vessel liveries; providing liability for
certain damages; amending s. 327.60, F.S.; providing for voter approval
of local regulations; 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 Rojas-

HB 1101-A bill to be entitled An act relating to the City of
Homestead; providing for the relief of Joaquin and Maria Martins,
parents and legal guardians of Brian Martins; providing an
appropriation to compensate Brian Martins for damages he sustained as
a result of medical malpractice at James Archer Smith Hospital;
providing an effective date.

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

By Representative Minton-

HB 1103-A bill to be entitled An act relating to public accountancy;
repealing s. 473.3145, F.S., relating to certificates of special competence
and the Specialization Advisory Committee; amending ss. 473.322 and
473.323, F.S., to conform; providing an effective date.

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

82 JOURNAL OF THE HOUSE

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

By Representative Dawson-White-

HB 1105-A bill to be entitled An act relating to infant screening;
amending s. 383.14, F.S.; specifying the amount of a Department of
Health and Rehabilitative Services fee assessed to fund the screening of
infants for metabolic, hereditary, and congenital disorders; providing
application of the fee to birth centers, as well as hospitals; requiring the
department to annually certify the costs of the infant screening program
as part of its legislative budget request; deleting a fine for a hospital's
failure to timely pay such fees; providing an effective date.

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

By Representative Peaden-

HB 1107-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).
Referred to the Committee(s) on Criminal Justice and Appropriations.

HB 1109-Withdrawn

By Representative Sembler-

HB 1111-A bill to be entitled An act relating to public records;
amending s. 196.195, F.S.; providing that certain information submitted
in connection with determination of the nonprofit status of an applicant
for certain exemptions from ad valorem taxation is not 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 Finance & Taxation, Governmental
Operations, and Rules & Calendar.

By Representatives King, Heyman, Jones, Futch, Cosgrove, Thrasher,
Albright, Melvin, Miller, Mackenzie, Bronson, Healey, Livingston, Bush,
Rodriguez-Chomat, Dawson-White, Diaz de la Portilla, and Mackey-

HB 1113-A bill to be entitled An act relating to transportation;
creating s. 316.658, F.S.; authorizing the Department of Highway Safety
and Motor Vehicles to accept credit cards, money orders, or any other
medium of payment for any fine or civil penalty; authorizing the
department to assess a surcharge; authorizing the department to collect
and distribute fines and penalties on behalf of the county courts;
creating s. 318.201, F.S.; authorizing the department to accept credit
cards, money orders, or any other medium of payment for any fine or
civil penalty; authorizing the department to assess a surcharge;
authorizing the department to collect and distribute fines and penalties
on behalf of the county courts; amending s. 320.05, F.S.; authorizing the
department to accept credit cards, money orders, or any other medium
of payment for any fee, fine, civil penalty, or tax; authorizing the
department to assess a surcharge; amending s. 321.23, F.S.; deleting
obsolete language; authorizing the department to accept credit cards,
money orders, or any other medium of payment for any fee, fine, civil
penalty, or tax; authorizing the department to assess a surcharge;
amending s. 322.20, F.S.; authorizing the department to accept credit
cards, money orders, or any other medium of payment for any fee, fine,
civil penalty, or tax; authorizing the department to assess a surcharge;
authorizing the department to adopt regulations, policies, and
procedures that are exempt from statutory rulemaking requirements;
providing an effective date.

I]

E OF REPRESENTATIVES March 5, 1996

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

By Representative Stafford-

HB 1115-A bill to be entitled An act relating to sunshine in
litigation; amending s. 69.081, F.S.; exempting counties and
municipalities from the requirement of notice with respect to certain
settlements; amending s. 164.106, F.S.; providing for public hearings
with respect to certain settlements entered into by counties and
municipalities; providing an exemption to the application of the section;
providing an effective date.

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

By Representative Crow-

HB 1117-Abill to be entitled An act relating to credit; providing that,
if a person intentionally makes material false statements to obtain
credit, the person's nonhomestead property is subject to judgment and
collection; providing for the award of attorney's fees, costs, and punitive
damages; providing for a rebuttable presumption; 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 Boyd and Bloom-

HB 1119-A bill to be entitled An act relating to underground
facilities; amending s. 556.105, F.S.; providing for a period of validity for
certain information; amending s. 556.107, F.S.; specifying certain
noncriminal infractions; providing for citations; providing penalties;
providing procedures relating to such noncriminal infractions; providing
for hearings; deleting a provision providing for bringing certain
enforcement actions; amending s. 556.109, F.S.; clarifying a definition
of "emergency" for certain purposes; providing an effective date.

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

By Representative Harris-

HB 1121-A bill to be entitled An act relating to unemployment
compensation; amending s. 443.036, F.S.; modifying the definition of the
term "employment" to exclude from unemployment compensation
coverage certain services performed by certain alien agricultural
workers; 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 Barreiro-

HB 1123-A bill to be entitled An act relating to vessels; amending
s. 328.17, F.S.; revising language with respect to the nonjudicial sale of
vessels; revising timeframes for notice of certain sales; revising certain
notice timeframes; providing requirements with respect to towed
vessels; providing for liens on certain vessels; providing procedures;
providing for sale of certain vessels; providing for liability; providing
requirements with respect to waterborne towing vessels; providing for
vessel inspection; providing for certificates of destruction; providing for
fees; providing for rules and penalties; amending s. 715.05, F.S.;
providing for the reporting of unclaimed vessels; amending s. 715.07,
F.S.; providing for the towing of vessels docked on private property;
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 K. Pruitt-

HB 1125-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; exempting district assets and property from
state taxation; providing for ad valorem taxes, non-ad valorem special
assessments, user charges, bonds, and impact fees; providing for
referenda; providing for intergovernmental coordination; providing for
expansion and merger of such districts; requiring districts to codify
certain acts for certain purposes; 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).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation, and Appropriations.

By the Committee on Natural Resources; Representatives Kelly,
Hafner, Sembler, D. Saunders, and Peaden-

HB 1127-A bill to be entitled An act relating to petroleum
underground storage tanks; amending s. 376.30, F.S.; establishing
priorities for payments from the Inland Protection Trust Fund;
amending s. 376.301, F.S.; providing definitions; amending s. 376.303,
F.S.; deleting obsolete language with respect to powers and duties of the
Department of Environmental Protection; including an additional type
of storage tank within a group which is not required to be registered
under the program for aboveground hazardous substance tanks;
amending s. 376.305, F.S.; deleting language with respect to certain
persons who may be entitled to reimbursement for rendering assistance
in containing or removing certain pollutants; providing for waiver of
certain storage system closure requirements under certain
circumstances; providing for site rehabilitation funding; amending s.
376.3071, F.S.; providing additional legislative findings; providing for
the creation of a nonprofit public benefit corporation to assist the state
in financing the functions in this chapter; revising language with respect
to the Inland Protection Trust Fund; providing for additional uses of
moneys in the fund; providing for annual appropriations for compliance,
monitoring, and enforcement activities; revising language with respect
to the duty of the department to adopt rules for site selections and
cleanup; providing criteria; revising provisions relating to the
department's duty to seek recovery and reimbursement; providing
criteria for voluntary cleanup; specifying nonreimbursable cleanup;
providing for the application of programs for reimbursement for cleanup
expenses; providing for a petroleum cleanup amnesty program;
providing criteria; providing procedures; providing limitations;
providing exceptions; amending s. 376.30711, F.S.; revising language
with respect to eligibility for site rehabilitation reimbursement;
providing for preapproved site rehabilitation; providing legislative
declarations; authorizing the department to use competitive bid
procedures or negotiated contracts for certain purposes; providing
procedures; providing criteria; providing limitations; requiring the
department to conduct a pilot project for certain purposes; providing for
a report; amending s. 376.3072, F.S.; revising provisions relating to the
Florida Petroleum Liability and Restoration Insurance Program;
providing additional criteria; providing for a supplemental deductible;
providing for redetermination of eligibility for insurance; amending s.
376.3073, F.S.; directing the department to contract with local
governments for certain cleanup operations under certain
circumstances; creating s. 376.3075, F.S.; creating the Inland Protection
Financing Corporation to assist the department in financing petroleum
contamination site remediation; providing for a board of directors;
providing powers and duties; authorizing the corporation to contract
with the department for certain purposes; authorizing the corporation
to issue and incur indebtedness; providing limitations; providing
requirements; exempting the corporation from all taxation; authorizing
the corporation to validate obligations; providing for termination of the

83

corporation; amending s. 376.308, F.S.; providing that certain persons
shall not be subject to certain administrative or judicial actions to
complete site rehabilitation; amending s. 376.311, F.S.; revising
provisions relating to penalties for discharge; prohibiting certain
employees of the department to hold employment or have a contractual
arrangement with certain entities; amending ss. 287.0595 and 316.302,
F.S.; correcting cross references; repealing s. 376.30712, F.S., relating to
enforcement of rehabilitation schedules repealing s. 376.3074, F.S.,
relating to noncompliance fees; 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 Horan-

HB 1129-A bill to be entitled An act relating to education finance;
amending s. 236.081, F.S.; requiring the annual General Appropriations
Act to direct changes in school districts' required local effort to produce
a certain percentage of total Florida Education Finance Program
calculations and entitlement; 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 Horan-

HB 1131-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.08, F.S.; providing that certain
persons who provide food or drinks as part of a packaged room rate
without charge or without separately stating a charge for such items are
not considered consumers of such items; 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 Horan-

HB 1133-A bill to be entitled An act relating to educational choice;
requiring district school boards to offer controlled open enrollment for
students in public schools; providing for district school board choice
plans and programs; providing for implementation; requiring a report;
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 D. Prewitt-

HB 1135-A bill to be entitled An act relating to mental health;
amending s. 394.455, F.S.; revising definitions; amending s. 394.463,
F.S.; authorizing marriage and family therapists and mental health
counselors to certify persons for involuntary examination under The
Baker Act; reenacting s. 400.426(6) and (8), F.S., relating to examination
of nursing home residents, to incorporate the amendment to s. 394.455,
F.S., in references; amending s. 455.2415, 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 Business & Professional Regulation
and Appropriations.

By Representative D. Prewitt-

HB 1137-A bill to be entitled An act relating to the
telecommunications industry; amending s. 427.702, F.S.; clarifying
legislative intent; amending s. 427.703, F.S.; providing and revising
definitions; amending s. 427.704, F.S.; clarifying powers and duties of
the Public Service Commission; amending s. 427.705, F.S.; clarifying
administration of the telecommunications access system; providing an
effective date.

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

84

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

By Representative Crow-

HB 1139-A bill to be entitled An act relating to condominiums;
amending s. 718.404, F.S.; revising language with respect to the
ownership share in the common elements assigned to each unit in a
mixed-use condominium; providing an effective date.

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

By Representative Bradley-

HB 1141-A bill to be entitled An act relating to admissions to
collegiate tournament games; amending s. 212.04, F.S.; exempting from
taxation admissions to certain collegiate tournament games and
baseball all-star games; 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 Greene-

HB 1143-A bill to be entitled An act relating to postsecondary
education; amending s. 240.551, F.S.; providing for the transfer of
dormitory residence fees paid under the Florida Prepaid Postsecondary
Education Expense Program to a community college; providing a
limitation; 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 Horan-

HB 1145-A bill to be entitled An act relating to the local government
infrastructure surtax; amending s. 212.055, F.S.; revising provisions
which authorize certain counties and municipalities therein to use
surtax proceeds for any public purpose, to include counties designated
as an area of critical state concern on the effective date of the act;
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 Albright and Casey-

HB 1147-A bill to be entitled An act relating to health care; creating
s. 627.6045, F.S.; providing certain limitations for a preexisting-
condition provision included in a health insurance policy; creating s.
627.6425, F.S.; providing for renewability of individual coverage;
amending s. 641.19, F.S., relating to the Health Maintenance
Organization Act; defining the term "emergency services and care" for
purposes of the act; amending s. 641.47, F.S.; defining the terms
"emergency medical condition" and "emergency services and care" for
purposes of part III of ch. 641, F.S.; amending s. 641.315, F.S.;
prescribing additional conditions that must be included in health
maintenance organization provider contracts; amending s. 641.3903,
F.S.; proscribing additional unfair practices by health maintenance
organizations with respect to misrepresentations made to prospective
enrollees; creating s. 627.6141, F.S.; prescribing an appeals process upon
denial of a claim under certain health plans; requiring health
maintenance organizations and exclusive provider organizations to
provide certain information to prospective enrollees; creating s. 641.513,
F.S.; prescribing requirements with respect to emergency services and
care; amending s. 395.1041, F.S.; authorizing a hospital to obtain
insurance and financial information from a patient under certain

March 5, 1996

circumstances; deleting a requirement that a hospital provide
emergency services and care without questioning the patient's ability to
pay; creating the "Florida Health Care Community Antitrust Act";
providing that members of the health care community may seek a
statement from the Attorney General's Office that it will take no
antitrust action with respect to proposed business activities; 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; repealing s.
455.2555, F.S., which imposes fees on providers of designated health
services for services provided to recipients who are ineligible for
specified benefits under certain provisions of the Social Security Act;
providing for retroactive operation of such repeal; 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 Lacasa-

HB 1149-A bill to be entitled An act relating to pollutant discharge
prevention and response; amending s. 376.031, F.S.; revising definitions;
amending s. 376.065, F.S.; clarifying the cleanup capability
requirements for terminal facilities; authorizing additional
requirements for bulk product facilities; deleting obsolete language;
revising penalty provisions; amending s. 376.07, F.S.; revising rules
relating to operation and inspection requirements for terminal facilities
and vessels; revising penalty provisions; amending s. 376.071, F.S.;
revising vessel discharge contingency plan requirements; revising
penalty provisions; amending s. 376.09, F.S.; revising provisions
relating to removal of pollutants; revising and clarifying certain claims
against the Florida Coastal Protection Trust Fund; amending s. 376.10,
F.S., relating to personnel and equipment; amending ss. 376.11 and
376.121, F.S.; correcting cross references; amending s. 376.12, F.S.;
revising provisions relating to liability; clarifying exceptions to
limitation of liability; clarifying defenses to liability; clarifying liability
of third parties; creating s. 376.123, F.S.; providing a mechanism for
filing claims against the fund; conforming claims against the fund to the
provisions of the Oil Pollution Act of 1990; clarifying procedures for
claims for cleanup costs; amending s. 376.14, F.S., relating to claims and
service of process against providers of financial responsibility; amending
s. 376.16, F.S.; revising penalty and enforcement provisions; amending
s. 376.205, F.S.; clarifying individual causes of action; revising
provisions relating to costs; creating s. 376.207, F.S.; prohibiting
polluting lobster traps; amending s. 376.301, F.S.; revising definitions;
amending s. 376.303, F.S.; providing a registration exemption for
storage tanks containing sodium hypochlorite; providing requirements
for terminal facilities and bulk product facilities with respect to
preventing pollution of surface and ground waters; amending s.
316.2397, F.S.; allowing flashing red lights for Department of
Environmental Protection emergency response vehicles; amending ss.
287.0595 and 316.302, F.S.; correcting cross references; repealing s.
376.06, F.S., relating to the prohibition against operation of a terminal
facility without required registration; repealing s. 376.163, F.S., relating
to establishment of the Pollutant Discharge Technical Council;
providing effective dates.

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

By Representatives Thrasher, Sublette, Futch, Sembler, K. Pruitt,
Villalobos, Morse, Livingston, Albright, Jones, Casey, and Sanderson-

HB 1151-A bill to be entitled An act relating to elections; amending
s. 106.143, F.S.; providing requirements for political advertisements
with respect to candidate approval; creating s. 99.0215, F.S.; providing
for a fair-campaign-practices pledge; creating the Fair Campaign
Practices Board; providing for membership, reimbursement for per diem
and travel expenses, qualifications, duties, and administrative support
and services to the board; creating s. 106.147, F.S.; providing disclosure

JOURNAL OF THE HOUSE OF REPRESENTATIVES

requirements for political solicitation by telephone or telephonic device;
creating s. 106.148, F.S.; providing disclosure requirements for political
solicitation by online computer service; amending s. 97.052, F.S.;
providing an additional purpose for, and modifying the contents of, the
uniform statewide voter registration application; providing for an
assessment on requests for forms beyond a specified number from
individuals or groups conducting voter registration programs; amending
s. 97.053, F.S.; providing for acceptance of requests for a replacement
registration identification card; requiring that an applicant provide
additional information on the voter registration form to establish
eligibility; amending ss. 97.071 and 97.1031, F.S., relating to
registration identification cards; changing notification requirements to
receive an updated or replacement card; amending s. 98.461, F.S.;
modifying the information required on the precinct register; repealing
ss. 98.391-98.441, F.S., relating to automation in processing of voter
registrations by means of data processing cards and the use of such cards
at voting precincts; amending s. 97.012, F.S.; requiring the Secretary of
State to create and maintain a central voter file; amending s. 97.021,
F.S.; defining "central voter file"; creating s. 98.097, F.S.; providing for
creation and maintenance of the central voter file; providing that
information in the central voter file is public information; requiring the
central voter file to be self-sustaining; amending ss. 98.045 and 98.095,
F.S., relating to administration of voter registration and public access to
registration information, respectively, to conform; amending s. 98.212,
F.S.; requiring supervisors of elections to provide voter registration
information to the Division of Elections of the Department of State for
the central voter file; amending s. 125.01, F.S.; correcting a cross
reference; amending s. 106.08, F.S., relating to limitations on campaign
contributions; revising restrictions on contributions by or to a political
party; providing penalties; amending s. 106.141, F.S.; providing
requirements for disposition and reporting of surplus funds resulting
from refund checks received after all other surplus funds have been
disposed of; restricting the amount of surplus funds that may be given
to a political party; amending s. 97.021, F.S.; redefining the term "absent
elector"; amending s. 101.5609, F.S., relating to electronic and
electromechanical voting system ballots; removing a provision relating
to recording the issuance of absentee ballots; amending s. 101.62, F.S.;
restricting the number of absentee ballots that any one person may pick
up; providing an exception; requiring persons designated to pick up such
ballots for other electors to provide a picture identification and complete
an authorizing affidavit; providing for the form and contents of such
affidavit; removing language that required initialing the stubs of
absentee ballots prior to issuance to electors; amending ss. 101.64 and
101.65, F.S.; revising the voter's certificate and instructions to absent
electors to change the signature witnessing requirement, clarify the
arrangement of the certificate on the back of the mailing envelope, and
revise the oath required for voting an absentee ballot; amending s.
163.511, F.S., relating to referendum ballots on the creation of special
neighborhood improvement districts, to conform; amending s. 101.68,
F.S.; providing for earlier commencement of the canvassing of absentee
ballots; providing requirements for determining the legality of an
absentee ballot; amending s. 101.69, F.S.; authorizing an elector voting
in person to execute an affidavit stating that the absentee ballot
supplied to the elector has not been voted rather than requiring the
elector to return that ballot before being allowed to vote; amending s.
101.694, F.S.; updating a reference to a federal act; repealing s. 100.091,
F.S., relating to the second primary election; repealing s. 100.096, F.S.,
relating to the holding of special elections required by local law in
conjunction with the second primary election; amending s. 100.061, F.S.;
providing for a single primary election; providing the day for holding the
primary election; providing for nomination by a plurality of the votes
cast; providing a method for deciding tie votes; eliminating the second
primary election; amending ss. 10.1008, 97.021, 97.055, 97.071, 98.081,
99.061, 99.095, 99.103, 100.071, 100.081, 100.111, 100.141, 101.141,
101.251, 101.252, 101.62, 102.012, 103.021, 103.022, 103.091, 105.031,
105.041, 105.051, 106.07, 106.08, and 106.29, F.S.; revising references
and provisions relating to the primary elections, to conform; revising
campaign financing reporting dates, to conform; amending s. 101.62,
F.S.; removing language pertaining to ballot content and validity of
absentee ballots for overseas electors; creating s. 99.013, F.S.; providing
definitions; requiring that certain candidates or public officers have only
one declared residence; providing factors to be considered; requiring

85

candidates and appointed public officers for certain offices to meet the
residency requirement from the time of qualifying for office; providing
for investigation of violations by the Florida Elections Commission;
amending s. 106.18, F.S.; requiring omission from the ballot of the name
of any candidate found in violation of the residency requirement;
amending s. 106.25, F.S.; granting the Division of Elections authority to
investigate, consider, and determine such violations; providing
procedure; amending s. 106.26, F.S.; providing procedure upon a
determination that such a residency violation has occurred or has not
occurred; amending s. 102.031, F.S.; prohibiting the solicitation of voters
within a specified distance of any polling place or polling room;
specifying acts of solicitation that may not be restricted; authorizing a
supervisor of elections to permit solicitation within a specified zone
under prescribed conditions; authorizing an election board to have
disruptive persons removed by law enforcement officers; requiring the
law enforcement officer assigned to an election precinct to inform
solicitors of zone surrounding the polling place and to remove disruptive
solicitors; amending s. 99.097, F.S., relating to verification of signatures
on petitions; clarifying petition requirements with respect to addresses
and paid petition circulators; requiring advance payment for checking
signatures; amending s. 100.371, F.S.; revising provisions relating to
initiative amendments; requiring each initiative amendment to be on a
petition form prescribed by the Division of Elections; requiring the
sponsor of a proposed initiative amendment to give the division notice
of the use of paid petition circulators; requiring the sponsor of a proposed
initiative amendment to provide the names and addresses of its paid
petition circulators to the division; requiring paid petition circulators to
place their names and addresses on each petition form gathered and
requiring the sponsor of the proposed initiative amendment to ensure
that such information has been provided prior to submission of the forms
to the supervisors for verification; prohibiting the sponsor of a proposed
initiative amendment 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.; clarifying a prohibition against signing a petition more
than once; prohibiting the signing of another person's name or a
fictitious name on any petition for a candidate, a minor political party,
or an issue; providing penalties; amending s. 106.19, F.S.; prohibiting
the sponsor of a proposed initiative amendment from submitting
petitions by a paid petition circulator without the name and address of
the circulator on the petition form; providing penalties; providing
applicability to petitions already initiated; providing effective dates.

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

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

By Representative Trammell-

HB 1153-A bill to be entitled An act relating to Metropolitan Dade
County; providing for the relief of Michelle Tierney, and John Tierney
and Jade Tierney, minor children of Michelle Tierney; providing an
appropriation to compensate Michelle Tierney for catastrophic personal
injuries, and John Tierney and Jade Tierney, minor children of Michelle
Tierney, for injuries to their mother, suffered as a result of 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).

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

By Representative Logan-

HB 1155-A bill to be entitled An act relating to the North Broward
Hospital District; providing for the relief of Jaharvis Jamal Frazier, a
minor, by and through his mother and next friend, Lillie Willis, as court-
appointed plenary guardian; requiring the district to compensate
Jaharvis Jamal Frazier for injuries he sustained as a result of the
negligence of North Broward Hospital District, d/b/a North Broward
Medical Center; providing an effective date.

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

86 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 Claims and Appropriations.

By Representative Bitner-

HJR 1157-A joint resolution proposing an amendment to Section 3
of Article III of the State Constitution, relating to the Legislature, to
limit the subjects that may be considered at certain sessions of the
Legislature.

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

Referred to the Committee(s) on Judiciary, Finance & Taxation,
Appropriations, and Rules & Calendar.
By Representative Bitner-

HB 1159-A bill to be entitled An act relating to disabled parking;
amending s. 318.18, F.S.; providing for the dismissal of a citation for
illegally parking in a parking space for disabled persons under certain
circumstances; providing for the payment of a dismissal fee; 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 Jacobs--

HB 1161-A bill to be entitled An act relating to theft; amending s.
812.015, F.S., relating to retail and farm theft; revising retail theft
offenses, and providing penalties therefore; redefining the term
"merchant," with respect to specified provisions relating to retail theft
offenses, to include a landlord of premises or apparatus used for retail
purchase or sale of merchandise, or the landlord's agent, consignee,
employee, lessee, or officer; providing for the merchant, as redefined, to
take into custody and detain a person believed to have committed retail
theft, under specified circumstances; reenacting s. 538.09(5)(f), F.S.,
relating to registration of secondhand dealers, and s. 538.23(2), F.S.,
relating to violations committed by and penalties imposed upon
secondary metals recyclers, 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 Criminal Justice and Appropriations.

By Representative Bloom--

HB 1163-A bill to be entitled An act relating to sellers of travel;
creating s. 559.9285, F.S.; requiring proof of registration or exemption;
amending s. 559.935, F.S., relating to exemptions; providing
requirements for affidavits of exemption; providing an effective date.

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

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

By Representative Crad--

HB 1165-A bill to be entitled An act relating to the organizational
structure of the Department of Corrections; amending s. 20.315, F.S.;
revising legislative intent and purpose with respect to the department;
revising the organizational structure of the department; revising
guidelines for regional operations of the department; revising guidelines
for departmental budget entity designations; providing for transfer of
the Justice Data Center to the department; amending s. 121.055, F.S.,
relating to the Senior Management Service Class of the Florida
Retirement System, to remove participation requirement for the Justice
Data Center Director; amending s. 216.011, F.S.; redefining the term
"judicial branch" for certain budgeting purposes to exclude the Justice
Data Center; amending s. 946.009, F.S., to remove a reference; providing
an effective date.

ii

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E OF REPRESENTATIVES March 5, 1996

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

By Representative Crady-

HB 1167-A bill to be entitled An act relating to saltwater fisheries;
amending s. 370.25, F.S.; providing requirements with respect to the
artificial reef program within the Department of Environmental
Protection; directing the department to establish criteria for
determining eligibility of nonprofit organizations to apply for and
receive available reef development funds; establishing an office to act as
a coordinating authority for artificial reef construction; directing the
department to develop a plan; providing that certain acts are unlawful;
providing penalties; providing for disposal of certain materials;
providing that certain persons are deemed responsible for violations;
providing for administrative fines; providing fees; 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 Crady-

HB 1169-A bill to be entitled An act relating to guardianship;
creating s. 744.3051, F.S.; providing for a parent to appoint a child's
short-term guardian for a period of up to 60 days without court approval
under specified circumstances; providing restrictions, guidelines, and
time limits relating to appointment; requiring a written instrument and
providing a form therefore; providing for amendment or revocation of
appointment; providing a rebuttable presumption if the parent is
permanently incapacitated; providing an effective date.

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

By Representative Crady-

HB 1171-A bill to be entitled An act relating to rural community
development; creating the Rural Community Development Revolving
Loan Fund Program; providing purposes; providing criteria; providing
requirements; providing duties of the Department of Commerce;
requiring a report; authorizing the Department of Commerce to
establish a pilot matching grant program for certain purposes; providing
criteria; authorizing use of certain moneys in the Rural Community
Development Revolving Loan Fund; providing an appropriation to the
fund; 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 Crady-

HB 1173-A bill to be entitled An act relating to trespass; amending
s. 810.12, F.S.; prescribing circumstances under which unlawful
dumping of litter constitutes a rebuttable presumption of trespass;
providing an effective date.

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

By Representative Crady-

HB 1175-A bill to be entitled An act relating to corrections;
amending s. 947.146, relating to the Control Release Authority;
providing for suspension of the establishment of control release dates;
requiring the authority to resume establishment of control release dates
under specified circumstances; revising guidelines and time limits
relating to eligibility for control release; providing an effective date.

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

JOURNAL OF THE HOUSE

By the Committee on Commerce; Representatives Lippman, Mackey,
Bitner, Bradley, Brown, Klein, Jones, Hafner, Safley, Miller, Roberts-
Burke, Sanderson, Merchant, Arnall, Betancourt, Kelly, Villalobos,
Peeples, Warner, Ogles, R. Wallace, and Livingston-

HB 1177-A bill to be entitled An act relating to economic
development; providing legislative findings and intent; creating the
Office of Trade and Economic Development in the Executive Office of the
Governor; providing purposes and responsibilities of the office; requiring
the director of the office to establish a coordinating council; requiring the
Governor to appoint a rules ombudsperson; providing duties; requiring
state agencies to cooperate with the ombudsperson; providing legislative
intent relating to transfer of functions of the Department of Commerce
and the Florida International Affairs Commission; transferring certain
programs, activities, and functions to the Office of Trade and Economic
Development; providing for expiration of certain programs, activities,
and functions of the Department of Commerce and the Florida
International Affairs Commission; requiring Enterprise Florida, Inc., to
submit a transition plan to the Florida Economic Development
Transition Team; providing for membership of the team; providing
duties of the team; preserving certain rights of state employees;
repealing certain rules of the Florida Administrative Code; amending s.
120.54, F.S.; providing for duties of the rules ombudsperson with respect
to rule adoption procedures; amending ss. 159.345, 159.475, and
159.7055, F.S.; conforming language with respect to the Office of Trade
and Economic Development; amending s. 166.231, F.S.; authorizing
municipalities to exempt certain charges for electricity and gas from the
municipal services tax under certain circumstances; 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 s. 212.08, F.S.; providing an exemption for
charges for electricity used in manufacturing certain tangible personal
property for sale; providing for an exemption schedule; providing for
review and repeal of such exemption; amending ss. 216.136 and 239.249,
F.S.; conforming language with respect to the Enterprise Florida Jobs
and Education Partnership; amending s. 287.0945, F.S.; transferring the
Commission on Minority and Economic Business to the Department of
Labor and Employment Security; adding duties of the Commission on
Minority Economic and Business Development and to the Minority
Business Advocacy and Assistance Office; creating s. 288.018, F.S.;
authorizing the establishment of a pilot Regional Rural Development
Grants Program; providing for matching grants; limiting the amount of
the grants; providing guidelines for evaluation of applications; requiring
a report; providing rulemaking authority; amending s. 288.021, F.S.;
conforming language with respect to the Office of Trade and Economic
Development; providing for designation of an economic development
liaison from the Commission on Minority Economic and Business
Development; amending s. 288.0251, F.S.; providing for international
development outreach activities in certain areas; providing duties of the
Office of Trade and Economic Development and the Enterprise Florida
International Trade Development Partnership; amending s. 288.041,
F.S.; providing duties of Enterprise Florida, Inc., relating to the solar
energy industry; specifying the content of a report of Enterprise Florida,
Inc., to the Legislature; amending s. 288.047, F.S.; conforming language
with respect to the Enterprise Florida Jobs and Education Partnership;
deleting a provision providing for the Quick-Response Advisory
Committee; amending s. 288.0475, F.S.; providing additional duties of
the partnership; deleting provisions requiring the partnership to
complete a report; deleting a provision requiring the partnership to
develop research designs for certain purposes; deleting provisions
requiring the board of directors of Enterprise Florida, Inc., to review and
evaluate certain reports and to submit reports to the Governor and the
Legislature; requiring the Enterprise Florida Jobs and Education
Partnership to deposit certain moneys in certain African-American and
Hispanic-American depositories; amending s. 288.095, F.S.; revising
provisions relating to the Economic Development Trust Fund; providing
for uses of moneys in the fund; providing limitations; requiring the Office
of Trade and Economic Development to provide a report; requiring the
Office of Trade and Economic Development to adopt rules; reenacting
and amending s. 288.104, F.S.; revising definitions; increasing the
annual limit on refunds under the qualified defense contractor tax
refund program; revising requirements for application for certification

March 5, 1996

OF REPRESENTATIVES 87

and annual claim for refund; revising qualification requirements for
applicants; revising provisions relating to expiration of the program;
conforming language with respect to the Office of Trade and Economic
Development; amending s. 288.106, F.S.; providing for targeted job
opportunities benefits; providing legislative findings and declarations;
providing definitions; providing for a tax refund for certain businesses
under certain circumstances; specifying eligible amounts; providing for
application and approval processes; providing procedures; providing for
tax refund agreements; specifying contents; providing for renegotiation
of such agreements; providing limitations; providing for an annual claim
for refund; providing for administration by the Office of Trade and
Economic Development; requiring the Office of Trade and Economic
Development to adopt rules; providing for future repeal of the section;
amending s. 288.1162, F.S.; revising a definition; changing a date for
purposes of qualifying as a new professional sports franchise; requiring
Enterprise Florida, Inc., to undertake or commission a study of capital
accessibility and availability to Hispanic-American businesses;
requiring a report to the Legislature; creating ss. 288.401, 288.402,
288.403, and 288.404, F.S.; creating the Enterprise Florida Economic
Development Partnership; providing a purpose; providing for filing
articles of incorporation; providing for a board of directors; specifying
membership; providing procedures; providing for an executive director;
providing duties of the executive director; providing duties of the
partnership; requiring a strategic plan for certain purposes; providing
requirements; providing legislative intent relating to certain duties of
the partnership; amending s. 288.701, F.S.; requiring Enterprise
Florida, Inc., to operate and manage community business assistance
centers; providing responsibilities; requiring such centers to offer
certain services; requiring certain organizations to provide the office
with a list of regulated and licensed businesses and professions;
providing criteria for the operations plan; exempting such centers from
certain provisions of law; creating s. 288.7011, F.S.; providing for
assistance by the Office of Trade and Economic Development to a
certified development corporation for certain purposes; clarifying duties
of the Office of Trade and Economic Development; amending s. 288.772,
F.S.; revising a definition; deleting certain definitions; amending s.
288.774, F.S.; requiring the board of directors of the Enterprise Florida
International Trade Development Partnership to adopt certain rules;
requiring the board to work with the Enterprise Florida Capital
Partnership for certain purposes; amending s. 288.776, F.S.; deleting
provisions providing for a board of directors for the Florida Finance
Corporation; providing powers and duties of the board of directors of the
Enterprise Florida International Trade Development Partnership;
amending ss. 288.803,288.804, 288.805, and 288.806, F.S.; replacing the
Florida International Affairs Commission with the Enterprise Florida
International Trade Development Partnership; creating the Enterprise
Florida International Trade Development Partnership; providing a
purpose; providing for filing articles of incorporation; providing for a
board of directors; specifying membership; providing procedures;
providing for an executive director; providing duties of the executive
director; providing duties of the partnership; requiring a strategic plan
for certain purposes; providing requirements; providing legislative
intent relating to certain duties of the partnership; amending s. 288.808,
F.S.; replacing the Florida International Affairs Commission Trust Fund
with the Enterprise Florida International Trade Development
Partnership Trust Fund; amending s. 288.815, F.S.; providing duties of
the Enterprise Florida International Trade Development Partnership
relating to international research; providing confidentiality; providing
for future review and repeal; providing a penalty; amending s. 288.8155,
F.S.; providing legislative findings; establishing the Florida Trade Data
Center; providing for a board of directors; providing duties of the center;
amending s. 288.816, F.S.; providing duties of the Department of State
relating to intergovernmental relations; amending s. 288.817, F.S.;
providing duties of the Enterprise Florida International Trade
Development Partnership relating to international education; amending
s. 288.8175, F.S.; providing duties of the Enterprise Florida
International Trade Development Partnership relating to certain
linkage institutes; amending s. 288.822, F.S.; providing legislative
findings; providing for establishment of foreign international trade
offices; providing duties of the Office of Trade and Economic
Development; amending s. 288.826, F.S.; providing for administration of
the Florida International Trade and Promotion Trust Fund by the

88

Enterprise Florida International Trade Development Partnership
through Enterprise Florida, Inc.; amending s. 288.901, F.S.; conforming
language with respect to Enterprise Florida, Inc.; requiring Enterprise
Florida, Inc., to establish corporate offices; specifying the location of one
office; changing the composition of the board of directors of Enterprise
Florida, Inc.; amending s. 288.903, F.S.; requiring diversity of
membership of Enterprise Florida, Inc., appointments; creating s.
288.9035, F.S.; providing a mission and purpose of Enterprise Florida,
Inc.; amending s. 288.904, F.S.; requiring certain contracts of Enterprise
Florida, Inc., to provide guidelines for auditing purposes; requiring the
Comptroller to review such guidelines; authorizing Enterprise Florida,
Inc., to restructure and reorganize; requiring a plan; providing
additional duties and responsibilities of Enterprise Florida, Inc.;
renumbering as s. 288.9041, F.S., and amending s. 288.07, F.S.;
conforming language with respect to Enterprise Florida, Inc.; amending
s. 288.905, F.S.; expanding the duties of Enterprise Florida, Inc.;
specifying requirements of a strategic economic development plan;
requiring Enterprise Florida, Inc., to deposit certain moneys into certain
African-American depositories; providing duties of Enterprise Florida,
Inc., relating to venture capital; amending s. 288.906, F.S.; revising
requirements for the annual report of Enterprise Florida, Inc.; requiring
Enterprise Florida, Inc., to develop certain research designs for certain
purposes; requiring a report to the Governor and the Legislature;
providing duties of Enterprise Florida, Inc.; requiring the Office of
Program Policy Analysis and Government Accountability to review and
evaluate Enterprise Florida, Inc.; requiring the Office of Program Policy
Analysis and Government Accountability to report to the Legislature;
renumbering as s. 288.9102, F.S., and amending s. 288.063, F.S.;
conforming language with respect to the Office of Trade and Economic
Development; providing additional financial authorizations for the
Office of Trade and Economic Development; protecting the integrity of
certain contracts between the Division of Economic Development and
local governments; providing for disposition of funds in the Economic
Development Trust Fund under certain circumstances; increasing
certain review committee membership; amending s. 288.9514, F.S.;
clarifying powers and duties of the board of directors of the Enterprise
Florida Innovation Partnership; providing for minority participation;
requiring the Enterprise Florida Innovation Partnership to deposit
certain moneys into certain depositories; amending s. 288.9515, F.S.;
clarifying provisions relating to authorized programs of the Enterprise
Florida Innovation Partnership to provide for minority participation;
amending s. 288.9613, F.S.; requiring the Enterprise Florida Capital
Partnership to deposit certain moneys into certain depositories;
amending s. 290.009, F.S.; conforming language with respect to the
Office of Trade and Economic Development; revising membership of the
Enterprise Zone Interagency Coordinating Council; amending s. 311.07,
F.S.; authorizing certain program funds to be used to develop certain
trade data information products; changing membership on the Florida
Seaport Transportation and Economic Development Council; amending
s. 311.11, F.S.; conforming language with respect to the Office of Trade
and Economic Development; providing for training minorities in skills
for the seaport industry; amending s. 320.20, F.S.; providing for
distribution of revenues derived from the registration of motor vehicles
to the Florida Seaport Transportation and Economic Development
Program for certain purposes; providing for distribution of such funds;
providing for uses of such funds; providing legislative intent relating to
economic growth of deepwater seaports; providing for a planning process
for certain environmental permits; amending s. 403.953, F.S.; revising
eligibility criteria for certain projects; establishing the Rural
Community Development Revolving Loan Fund Program in the Office
of Trade and Economic Development; providing purposes; requiring the
office to adopt rules to administer the program; establishing the Rural
Community Development Revolving Loan Fund Program Committee
within the Office of Trade and Economic Development; providing for
membership; providing duties and responsibilities of the committee;
requiring the Office of Trade and Economic Development to monitor
each project and report to the Governor and the Legislature; providing
an appropriation; requiring the Office of Trade and Economic
Development to analyze the economic effect of sales of goods and services
on military installations with respect to the effect of loss of sales tax
revenues on local communities and the state; requiring a report to the
Legislature; providing duties of the Secretary of State relating to

March 5, 1996

international corporate and cultural affairs; providing legislative intent
relating to ethnic and cultural diversity of employment under certain
circumstances; providing for affect on certain judicial and
administrative proceedings; protecting the validity of certain contracts
between the Department of Commerce and other agencies or entities;
amending ss. 212.096 and 220.181, F.S.; revising limitations on the
enterprise zone jobs credit; providing legislative intent relating to
enterprise zones; providing duties of the Department of Commerce
relating to designating enterprise zones; providing for retroactive effect;
amending s. 163.3177, F.S.; providing that the coastal management
element of the required comprehensive plan shall include plans for the
orderly maintenance and use of ports; creating s. 311.105, F.S.; creating
the Florida Seaport Environmental Management Committee; providing
for membership, powers, and duties; providing additional requirements
with respect to certain dredge and fill permits; providing for the review
of certain permit applications; providing for environmental mitigation;
providing for duties of the Department of Environmental Protection;
amending s. 374.976, F.S.; providing that financial assistance for certain
port projects shall not be included in calculating the proportional share
of ad valorem tax collections of the county within which the port is
located; amending s. 380.24, F.S.; providing that all permitting of
dredged material management and other related activities shall be done
by the Department of Environmental Protection; amending s. 403.021,
F.S.; revising language with respect to legislative intent concerning
dredged material management; amending s. 403.061, F.S.; providing
additional powers of the department with respect to the control and
prohibition of pollution to the air and water of the state; providing for
the application of the act; repealing ss. 20.17, 288.011, 288.045, 288.08,
and 288.825, F.S., relating to the Department of Commerce; repealing
s. 286.24, F.S., relating to the Bicentennial Commission; repealing s.
288.116, F.S., relating to sports promotion; repealing s. 288.015, F.S.,
relating to a foreign trade impact report; repealing s. 288.025, F.S.,
relating to powers and duties of the Division of International Trade
Development of the Department of Commerce; repealing s. 288.779, F.S.,
relating to the export finance officer of the Department of Commerce;
repealing s. 288.8032, F.S., relating to the administrative composition
of the Florida International Affairs Commission; repealing s. 288.8041,
F.S., relating to duties of the Florida International Affairs Commission;
repealing s. 288.810, F.S., relating to the office of the executive director
of the commission; repealing s. 288.811, F.S., relating to the Florida
International Trade and Investment Council; repealing s. 288.812, F.S.,
relating to the Florida Tourism Commission; repealing s. 288.813, F.S.,
relating to the Agricultural Advisory Council; repealing s. 288.814, F.S.,
relating to the Florida International Council; repealing s. 288.815, F.S.,
relating to international research; repealing s. 288.8185, F.S., relating
to the Florida Council on International Education; repealing s. 288.819,
F.S., relating to the Florida International Banking and Finance Council;
repealing s. 288.820, F.S., relating to implementation; repealing s.
288.823, F.S., relating to the Florida Council of International Economic
Advisors; repealing s. 288.9516, F.S., relating to the annual report of
Enterprise Florida Innovation Partnership; repealing s. 288.9615, F.S.,
relating to the annual report of the Enterprise Florida Capital
Partnership; repealing s. 288.9517(1) and (2), F.S., relating to
development and review of research designs of the Enterprise Florida
Innovation Partnership; repealing s. 288.9616(1) and (2), F.S., relating
to development and review of research designs of the Florida
Development Finance Corporation; providing appropriations; directing
the Division of Statutory Revision to change certain references to the
Department of Commerce to the Office of Trade and Economic
Development; directing the Division of Statutory Revision to change
certain references to the Department of Commerce to Enterprise
Florida, Inc.; directing the Division of Statutory Revision to delete
certain references to the Department of Commerce; characterizing
certain employees for purposes of tax exemptions in certain enterprise
zones; requiring submittal of applications for tax exemption purposes;
providing severability; providing effective dates.

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

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

By Representatives K. Pruitt, Bronson, B. Saunders, and Sembler-

HB 1179-SF-A bill to be entitled A proposal relating to
administrative procedures.

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

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

By Representative Flanagan-

HB 1181-A bill to be entitled An act relating to professions,
occupations, and businesses; prohibiting specified state agencies from
penalizing a person for violating specified regulations of which he had
no knowledge; prohibiting such agencies from enforcing regulations
applicable to the collection of taxes or to professions, occupations, or
businesses when specified conditions are met; providing a defense for
enforcement actions in specified circumstances; 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 Morroni-

HB 1183-A bill to be entitled An act relating to the local-option
tourist-development tax; amending s. 72.011, F.S.; providing that
counties that administer or enforce the tax must establish by ordinance
when an assessment or a denial of refund is final for purposes of appeal;
providing requirements for such an ordinance; amending s. 72.031, F.S.;
allowing counties to be named as parties in actions brought under s.
72.011, F.S.; amending s. 120.575, F.S.; conforming this section to the
provisions of this act; providing that counties that administer and
enforce the local-option tourist-development tax must be named as
respondents in certain petitions filed in administrative appeals;
providing a condition precedent to filing such a petition; providing that
the requirements of s. 72.011(2), (3)(a) are jurisdictional for an action
brought under ch. 120, F.S., to contest an assessment or a denial of
refund by an applicable county; 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 Futch-

HB 1185-A bill to be entitled An act relating to the Parole
Commission; amending s. 947.177, F.S.; requiring the Parole
Commission to develop a sex-offender profile for each offender who is
released after serving a sentence for certain sex offenses or who is
released and has a prior conviction for certain sex offenses; specifying
the information to be included in the profile; requiring the Parole
Commission to provide the information to the Department of Law
Enforcement, the Department of Highway Safety and Motor Vehicles,
and other law enforcement agencies upon request; requiring that the
sex-offender profile be made available through on-line information
systems; requiring the Parole Commission to inform the victim or
victim's representative of the offender's conditions and status of
supervision; providing for the section to apply to offenders supervised
under the Interstate Corrections Compact; 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 Starks-

HB 1187-A bill to be entitled An act relating to taxpayer rights;
amending s. 213.015, F.S.; providing additional rights to taxpayers
regarding interest paid on delinquent taxes and interest received on
delinquent refunds, freedom from being reaudited, rights of appeal,
rights to obtain reimbursement of certain fees on favorable appeals, the
right to compensation for providing certain information or documents to
the department, freedom from commissioned auditors, statutes of

March 5, 1996

OF REPRESENTATIVES 89

limitation, the time permitted to file for refunds, and the right to apply
overpayments to the payment of other taxes due; 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 Harris-

HB 1189-A bill to be entitled An act relating to consumptive uses of
water; amending s. 373.233, F.S.; modifying provisions relating to
competing applications for consumptive use permits, to give substantial
weight to renewal applications; amending s. 373.236, F.S.; modifying
provisions relating to the duration of consumptive use permits to provide
a standard duration; providing for exceptions; 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 Ball and Culp-

HB 1191-A bill to be entitled An act relating to environmental
protection; amending s. 403.813, F.S.; providing that certain
environmental permits are not required for maintenance dredging of
channelized natural water bodies within approved rights-of-way or
drainage easements; 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 Johnson-

HB 1193-A bill to be entitled An act relating to Hillsborough County;
providing for the relief of Douglas Johnson; providing an appropriation
to compensate him for injuries and damages sustained as a result of the
negligence of Hillsborough 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 Roberts-Burke-

HB 1195-SF-A bill to be entitled A proposal relating to sexual
assault, lewdness, or indecent exposure upon or in the presence of a
child.

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

Referred to the Committee(s) on Child Abuse & Neglect, Select, and
Appropriations.

By Representatives Merchant, Ogles, Tobin, Bitner, Warner,
Littlefield, Clemons, and Sanderson-

HB 1197-A bill to be entitled An act relating to cellular telephone
fraud; amending s. 817.4821, F.S.; defining the offense of knowingly and
unlawfully possessing cloning paraphernalia with intent to use same to
create cloned cellular telephones; providing first-degree felony penalties
therefore; 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 D. Saunders-

HB 1199-A bill to be entitled An act relating to the Department of
Business and Professional Regulation; authorizing the department to
contract with a private corporation to conduct activities of the Board of

90 JOURNAL OF THE HOUSE

Professional Engineers; providing for the adoption of rules; 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 D. Saunders-

HB 1201-A bill to be entitled An act relating to ecosystem
management; providing legislative findings; providing definitions;
providing for selection of ecosystem management teams; providing
purpose of such teams with respect to management of designated
ecosystems; authorizing certain agreements with landowners,
developers, and other interests; amending s. 3 of ch. 95-275, Laws of
Florida; authorizing agreements for ecosystem management in the
Hillsborough River and Bay Ecosystem Demonstration Project;
providing an effective date.

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

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

By Representative D. Saunders-

HB 1203-A bill to be entitled An act relating to electric utilities;
creating the Electric Utility Study Committee; providing membership of
the committee; providing purpose of the committee; providing for a
report; providing an effective date.

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

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

By Representatives Bush, Roberts-Burke, Meek, Lynn, Rayson,
Bradley, Lawson, Bullard, Greene, Dennis, Eggelletion, Heyman,
Cosgrove, Miller, Bloom, Gay, and Reddick-

HB 1205-A bill to be entitled An act relating to license plates;
providing for the issuance of Bethune-Cookman College license plates;
providing for the use of fees collected from the sale of the 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 Representatives Diaz de la Portilla and Rodriguez-Chomat-

HB 1207-A bill to be entitled An act relating to public lodging;
amending s. 509.013, F.S.; redefining the term "transient occupancy";
amending s. 509.291, F.S.; increasing the membership of an advisory
council; 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 Diaz de la Portilla and Rodriguez-Chomat-

HB 1209-A bill to be entitled An act relating to death benefits for law
enforcement, correctional, and correctional probation officers and
firefighters; amending ss. 112.19 and 112.191, F.S.; revising educational
benefits for children of deceased officers and firefighters; providing an
effective date.

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

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

!]

E OF REPRESENTATIVES March 5, 1996

By Representative Villalobos-

HB 1211-A bill to be entitled An act relating to husband and wife;
providing that a husband and wife are jointly and severally liable for
certain debts and necessaries; 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 Peaden-

HB 1213-A bill to be entitled An act relating to health care coverage;
amending ss. 627.419 and 627.6515, F.S.; prohibiting certain health care
providers or insurers which provide coverage for diagnostic or surgical
procedures involving the skeleton from discriminating against coverage
for similar diagnostic or surgical procedures necessary to correct
congenital or developmental deformities, diseases, or injuries; providing
construction; creating ss. 627.6573, 641.3109, and 641.428, F.S.;
prohibiting certain health care providers or insurers which provide
coverage for diagnostic or surgical procedures involving the skeleton
from discriminating against coverage for similar diagnostic or surgical
procedures necessary to correct congenital or developmental
deformities, diseases, or injuries; providing construction; 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 Valdes-

HB 1215-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. 921.005, 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 Representative Rodriguez-Chomat-

HB 1217-A bill to be entitled An act relating to criminal justice;
creating s. 939.155, F.S.; providing for defendant's liability for certain
costs in a criminal proceeding, under specified circumstances when the
defendant retains private counsel prior to filing of an affidavit with
respect to indigency; providing exceptions; 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 Crady-

HB 1219-A bill to be entitled An act relating to dentistry; amending
s. 466.004, F.S., relating to the Board of Dentistry; revising
qualifications of the dental hygienist members of the board; authorizing
councils appointed under the board to assist the board; revising
provisions relating to appointment, number, and qualification of
members, meetings, officers, and duties of the Council on Dental
Hygiene; prohibiting the board from adopting certain rules without
approval 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.

By Representative Merchant-

HB .1221-A bill to be entitled An act relating to economic
development; creating s. 288.1045, F.S.; establishing a qualified defense
contractor tax refund program; providing definitions; authorizing
refunds from the Economic Development Trust Fund of specified taxes

paid by a qualified defense contractor engaged in a new Department of
Defense contract, consolidation of a Department of Defense contract, or
conversion of defense production jobs to nondefense production jobs;
providing limitations; providing penalties for fraudulent claims;
providing application procedures and requirements; providing for
review and evaluation by the Division of Economic Development of the
Department of Commerce; providing for certification by the Secretary of
Commerce; requiring such contractors to enter into a written agreement
with the department; requiring annual application for tax refunds;
providing for administration by the department; requiring annual
reports to the Defense Conversion and Transition Commission and the
Governor and Legislature; limiting the period during which a contractor
may qualify for the refund; amending s. 288.972, F.S.; providing
additional expressions of legislative intent; amending s. 288.973, F.S.;
clarifying responsibilities of the Florida Defense Conversion and
Transition Commission; amending s. 288.974, F.S.; clarifying powers
and duties of the commission; providing additional powers and duties of
the commission; amending s. 288.980, F.S.; establishing the Florida
Economic Reinvestment Initiative for certain purposes; providing for the
Florida Defense Planning Grant Program, the Florida Defense
Implementation Grant Program, and the Florida Military Installation
Reuse Planning and Marketing Grant Program; creating the Defense-
Related Business Adjustment Program; providing for funding a defense
workforce database for certain purposes; providing for administration of
such programs by the Department of Commerce; authorizing the
Secretary of Commerce to award funds for certain purposes; repealing
s. 288.104, F.S., relating to the qualified defense contractor tax refund
program that expired pursuant to s. 7 ofch. 93-414, Laws of Florida, as
amended by section 15 of ch. 94-136, Laws of Florida; providing
appropriations; 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 Warner-

HB 1223-A bill to be entitled An act relating to public records;
providing an exemption from public records requirements, for a specified
period, for certain information submitted by a member of the health care
community to the Attorney General's Office in a request for an antitrust
no-action letter; 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, Governmental
Operations, Appropriations, and Rules & Calendar.

By Representative Roberts-Burke-

HB 1225-A bill to be entitled An act relating to trust funds; creating
the Indigent Criminal Defense Trust Fund within the Justice
Administrative Commission; providing for sources of moneys and
purposes; providing for future review and termination or re-creation of
the trust fund; providing a contingent 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 Roberts-Burke-

HB 1227-A bill to be entitled An act relating to indigency in criminal
proceedings; amending s. 27.52, F.S.; revising guidelines, procedures,
and time limits relating to determination of indigency; imposing a fee
upon an accused person, or parent or legal guardian thereof, who asserts
indigency and requests representation by the public defender; providing
for disposition of the fees; providing for an application for
representation; providing for specified court determinations with
respect to indigency; reenacting s. 39.041(2) and (3), F.S., relating to a
child's right to counsel, to incorporate said amendment in references;
amending s. 27.56, F.S., relating to lien for payment of attorney's fees

91

or costs; providing conforming language; amending s. 27.562, F.S.;
providing for disposition of certain funds into the county fine and
forfeiture fund and Indigent Criminal Defense Trust Fund; 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.

HB 1229-Withdrawn

By Representative Garcia-

HB 1231-Abill to be entitled An act relating to the designation of the
State University System Facility Enhancement Challenge Grant
Program; amending s. 240.2601, F.S.; designating the program in
memory of Alec P. Courtelis; providing an effective date.

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

Referred to the Committee(s) on Higher Education, Appropriations,
and Rules & Calendar.

By Representative Garcia-

HB 1233-A bill to be entitled An act relating to burglary; amending
s. 810.011, F.S.; defining "curtilage" with respect to chapter 810, relating
to burglary and trespass, to include ground and buildings immediately
surrounding a structure or dwelling; reenacting s. 810.011(1) and (2),
F.S., relating to the definitions of "structure" and "dwelling" with respect
to chapter 810, and reenacting s. 810.02(1), F.S., defining "burglary," to
incorporate said amendment in references; 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 Jacobs-

HB 1235-A bill to be entitled An act relating to nursing homes;
repealing s. 400.801, F.S., relating to homes for special services;
providing an effective date.

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

Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By the Committee on Insurance; Representatives Cosgrove,
D. Prewitt, Wasserman Schultz, Ascherl, Johnson, Arnall, Bainter,
Graber, Ogles, Bradley, Geller, Lawson, Jones, and Thrasher-

HB 1237-A bill to be entitled An act relating to health insurance;
amending s. 627.6515, F.S.; revising disclosure and regulatory filing
requirements for group health policies issued or delivered outside this
state under which certificates are issued to Florida residents; providing
an effective date.

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

Referred to the Committee(s) on Appropriations.

By Representatives Sanderson, Ritchie, Littlefield, Thrasher, Graber,
Cosgrove, Andrews, Gay, Upchurch, and Dawson-White-

HB 1239-A bill to be entitled An act relating to the treatment of
diabetes; requiring health maintenance organizations and prepaid
health plans to provide coverage for equipment, supplies, and services
necessary for treating diabetes; requiring that the equipment, supplies,
and services be approved by the patient's primary care physician or by
a physician who specializes in treating diabetes; requiring the Agency
for Health Care Administration to adopt by rule standards for
outpatient self-management training and educational services;
providing an effective date.

March 5, 1996

JOURNAL OF THE HOUSE OF REPRESENTATIVES

	Title Page
	Members and Officers of the House...
	March 1996
	April 1996
	May 1996
	Index