Journal of the Florida House of Representatives

Journal
of the

Florida

House of Representatives

Ninety-ninth
Regular Session
since Statehood in 1845

March 4 through May 2, 1997

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

MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Republicans in roman (63); Democrats in italic (57)1

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
(Changed party affiliation from Democrat
to Republican on June 25, 1997)
6. Part of Bay
Scott W. Clemons, Panama City
7. Calhoun, Gulf, Jackson, Liberty and parts of
Bay, Gadsden, Leon, Walton
Jamey Westbrook, Bascom
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
Janegale M. Boyd, Monticello
11. Columbia, Hamilton, Lafayette, Madison,
Suwannee and parts of Dixie, Gilchrist
Joseph R. "Randy" Mackey, Jr., Lake City
12. Baker, Bradford, Nassau, Union and part of
Duval
George A. Crady, Yulee
13. Parts of Clay, Duval
Stephen R. Wise, Jacksonville
14. Part of Duval
Anthony C. "Tony" Hill, Sr., Jacksonville
15. Part of Duval
Willye F Clayton Dennis, Jacksonville
16. Part of Duval
James B. "Jim" Fuller, Jacksonville
17. Part of Duval
James E. "Jim" King, Jr., Jacksonville
18. Parts of Duval, St. Johns
Joseph "Joe" Arnall, Jacksonville Beach

District
19. Parts of Clay, Duval, St. Johns
John Thrasher, Orange Park
20. Parts of Clay, Flagler, St. Johns, Volusia
Doug Wiles, St. Augustine
21. Putnam and parts of Clay, Marion
Kelley R. Smith, Palatka
22. Parts of Alachua, Marion
Robert K. "Bob" Casey, M.D., 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
Suzanne M. Kosmas, New Smyrna Beach
29. Part of Brevard
Randy John Ball, Mims
30. Part of Brevard
Howard E. Futch, Melbourne Beach
31. Part of Brevard
Harry C. Goode, Jr., Melbourne
32. Parts of Brevard, Indian River, Orange
Bill Posey, Rockledge
33. Parts of Orange, Seminole, Volusia
Tom Feeney, Oviedo
34. Parts of Orange, Seminole
Robert J. "Bob" Starks, Casselberry
35. Parts of Orange, Seminole
Bob Brooks, Winter Park
36. Part of Orange
Allen Trovillion, Winter Park
37. Parts of Orange, Seminole
D. Lee Constantine, Altamonte Springs
38. Parts of Lake, Orange
Robert B. "Bob" Sindler, D.VM., Apopka
39. Part of Orange
Alzo J. Reddick, Sr., Orlando
40. Part of Orange
Bill Sublette, Orlando

District

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
Nancy Argenziano, Dunnellon
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
Margo Fischer, St. Petersburg
53. Part of Pinellas
Lars A. Hafner, St. Petersburg
54. Part of Pinellas
Dennis L. Jones, D.C., Treasure Island
55. Parts of Manatee, Pinellas
Rudolph "Rudy" Bradley, St. Petersburg
56. Part of Hillsborough
Sandra L. "Sandy" Murman, Tampa
(Changed party affiliation from Democrat
to Republican on May 9, 1997)
57. Part of Hillsborough
Faye B. Gulp, 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
Johnnie B. Byrd, Jr., Plant City
63. Part of Polk
Adam H. Putnam, Bartow
64. Part of Polk
Paula Bono Dockery, 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
Lindsay M. Harrington, 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
Joseph R. Spratt, LaBelle
78. Parts of Highlands, Martin, Okeechobee,
Palm Beach, St. Lucie
0. 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
Barry Silver, 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/Pompano Beach
94. Part of Broward
Josephus Eggelletion, Jr., Lauderdale Lakes
95. Part of Broward
Jack N. Tobin, Margate
96. Part of Broward
Stacy J. Ritter, Coral Springs
97. Part of Broward
Debbie Wasserman Schultz, Davie
98. Part of Broward
Steven W. Effman, 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, Pembroke Pines
102. Parts of Collier, Dade
Luis E. Rojas, Country Village
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-Daniel Webster Clerk of the House-John B. Phelps
Speaker pro tempore-Luis C. Morse Sergeant at Arms-Wayne Westmark

District

MEMBERS OF THE HOUSE OF REPRESENTATIVES

George Albright (R)
Ocala
District 24

Stan Bainter (R)
Eustis
District 25

Elaine Bloom (D)
Miami Beach
District 106

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

Randy John Ball (R)
Mims
District 29

Janegale M. Boyd (D)
Monticello
District 10

Nancy Argenziano (R)
Dunnellon
District 43

Bruno A. Barreiro (R)
Miami Beach
District 107

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

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

Annie Betancourt (D)
Miami
District 116

Mary Brennan (D)
Pinellas Park
District 51

J. Keith Arnold (D)
Fort Myers
District 73

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

Irlo "Bud" Bronson (D)
Kissimmee
District 79

Bob Brooks (R)
Winter Park
District 35

Johnnie B. Byrd, Jr. (R)
Plant City
District 62

Shirley Brown (D)
Sarasota
District 69

Lisa Carlton (R)
Sarasota County
District 70

Larcenia J. Bullard (D)
Miami
District 118

Jerrold "Jerry" Burroughs (R)
Cantonment
District 1

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

James Bush III (D)
Miami
District 109

Scott W. Clemons (D)
Panama City
District 6

D. Lee Constantine (R)
Altamonte Springs
District 37

John F. Cosgrove (D)
Miami
District 119

George A. Crady (D)
Yulee
District 12

L '-

Victor D. Crist (R)
Temple Terrace
District 60

Faye B. Culp (R)
Tampa
District 57

Muriel "Mandy" Dawson-White (D) Willye F. Clayton Dennis (D)
Fort Lauderdale/Pompano Beach Jacksonville
District 93 District 15

Alex Diaz de la Portilla (R)
Westchester
District 115

Paula Bono Dockery (R)
Lakeland
District 64

Lori Edwards (D)
Auburndale
District 65

Steven W. Effman (D)
Sunrise
District 98

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

Mike Fasano (R)
New Port Richey
District 45

V.?
r

Margo Fischer (D)
St. Petersburg
District 52

Mark G. Flanagan (R)
Bradenton
District 68

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

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

Howard E. Futch (R)
Melbourne Beach
District 30

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

Greg Gay (R)
Cape Coral
District 74

Steven A. Geller (D)
Pembroke Pines
District 101

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

Addie L. Greene (D)
Mangonia Park
District 84

Larry Crow (R)
Palm Harbor
District 49

Tom Feeney (R)
Oviedo
District 33

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

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

Lindsay M. Harrington (R)
Punta Gorda
District 72

Suzanne Jacobs (D)
Delray Beach
District 88

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

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

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

Everett A. Kelly (D)
Tavares
District 42

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

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

1't 4.4~

Suzarine M. Kosmas (D)
New Smyrna Beach
District 28

Carl Littlefield (R)
Dade City
District 61

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

Carlos A. Lacasa (R)
Miami
District 117

Ralph L. Livingston (R)
Fort Myers
District 75

Elvin L. Martinez (D)
Tampa
District 58

John Laurent (R)
Bartow
District 66

A.-E

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

Jerry Louis Maygarden (R)
Pensacola
District 2

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

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

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

Lesley "Les" Miller, Jr. (D) O. R. "Rick" Minton, Jr. (D)
Tampa Fort Pierce
District 59 District 78

John Morroni (R)
Clearwater
District 50

Luis C. Morse (R)
Miami
District 113

Sandra L. "Sandy" Murman (D)*
Tampa
District 56

Mark R. Ogles (R)
Bradenton
District 67

Durell Peaden, Jr. (D)**
Crestview
District 5

Bill Posey (R)
Rockledge
District 32

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

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

Adam H. Putnam (R)
Bartow
District 63

John C. Rayson (D)
Pompano Beach
District 90

Alzo J. Reddick, Sr. (D)
Orlando
District 39

Stacy J. Ritter (D)
Coral Springs
District 96

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

Jorge Rodriguez-Chomat (R)
Miami
District 114

Luis E. Rojas (R)
Country Village
District 102

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

Debby P. Sanderson (R)
Fort Lauderdale
District 91

Burt L. Saunders (R) Charles W. "Charlie" Sembler II (R)
Naples Sebastian
District 76 District 80

Barry Silver (D)
Boca Raton
District 89

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

Buzz Ritchie (D)
Pensacola
District 3

Kelley R. Smith (D)
Palatka
District 21

Bill Sublette (R)
Orlando
District 40

Joseph R. Spratt (D)
LaBelle
District 77

John Thrasher (R)
Orange Park
District 19

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

Jack N. Tobin (D)
Margate
District 95

Tracy Stafford (D)
Wilton Manors
District 92

Allen Trovillion (R)
Winter Park
District 36

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

Marjorie R. Turnbull (D)
Tallahassee
District 9

Carlos L. Valdes (R)
Miami
District 111

Daniel Webster (R)
Orlando
District 41

J. Alex Villalobos (R)
Miami
District 112

Jamey Westbrook (D)
Bascom
District 7

Rob Wallace (R)
Tampa
District 47

Doug Wiles (D)
St. Augustine
District 20

Tom Warner (R)
Stuart
District 82

Stephen R. Wise (R)
Jacksonville
District 13

Debbie Wasserman Schultz (D)
Davie
District 97

Earl Ziebarth (R)
DeLand
District 26

* Representative Murman changed party affiliation from Democrat
to Republican on May 9, 1997.
** Representative Peaden changed party affiliation from Democrat
to Republican on June 25, 1997.

Number 1

2 The Journal OFTHE

House of Representatives

Tuesday, March 4, 1997

Journal of the House of Representatives for the 99th 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 4, 1997, being the day fixed by the Constitution for the purpose.

This being the day fixed by the Constitution for the convening of the
Legislature, the Members of the House of Representatives met in the
Chamber at 10:20 a.m. for the beginning of the 99th Regular Session
and were called to order by the Speaker, the Honorable Daniel Webster.

Prayer

The following prayer was offered by the Reverend R. B. Holmes of
Bethel Missionary Baptist Church of Tallahassee, upon invitation of the
Speaker and Rep. Lawson:
Our Father, we come this day to trust in you to seek divine direction,
guidance, and inspiration. We pray, O Lord, for this body of officials,
who have given of their time and talents to lead this great state forward.
We pray for our dynamic Speaker of this House that you would give him
a double portion of your spirit, your strength, your love, and insight. We
pray for this House, that this will be a place where the work of the Lord
will shine, mightily. We pray that you will empower this Speaker to
implement his vision: less government, lower taxes, personal
responsibility, individual freedom, and family empowerment. Bless him,
and bless the staff and their families. We offer this prayer in the name
of God the Father, God the Son, and God the Holy Ghost. Amen.
The following Members were recorded present:

The Chair
Albright
Andrews
Argenziano
Arnall
Arnold
Bainter
Ball
Barreiro
Betancourt
Bitner
Bloom
Boyd
Bradley
Brennan
Bronson
Brooks
Brown
Bullard
Burroughs
Bush

Byrd
Carlton
Casey
Chestnut
Clemons
Constantine
Cosgrove
Crady
Crist
Crow
Culp
Dawson-White
Dennis
Diaz de la Portilla
Dockery
Edwards
Effman
Eggelletion
Fasano
Feeney
Fischer

Flanagan
Frankel
Fuller
Futch
Garcia
Gay
Geller
Goode
Greene
Hafner
Harrington
Healey
Heyman
Hill
Horan
Jacobs
Jones
Kelly
King
Kosmas
Lacasa

Laurent
Lawson
Lippman
Littlefield
Livingston
Logan
Mackenzie
Mackey
Martinez
Maygarden
Meek
Melvin
Merchant
Miller
Minton
Morroni
Morse
Murman
Ogles
Peaden
Posey

Prewitt, D.
Pruitt, K.
Putnam
Rayson
Reddick
Ritchie
Ritter
Roberts-Burke
Rodriguez-Chomat

Rojas
Safley
Sanderson
Saunders
Sembler
Silver
Sindler
Smith
Spratt

Stabins
Stafford
Starks
Sublette
Thrasher
Tobin
Trovillion
Turnbull
Valdes

Villalobos
Wallace
Warner
Wasserman Schultz
Westbrook
Wiles
Wise
Ziebarth

(A list of excused Members appears at the end of the Journal.)
A quorum was present.

Pledge
The Members pledged allegiance to the Flag, led by Joseph R. Garber,
American Ex-Prisoners of War; George Passwater, Disabled American
Veterans; Charles H. Cuthbertson, Non-Commissioned Officers
Association; Steven Bowers, Seminole Tribe Color Guard; Paul Bowers,
Seminole Tribe Color Guard; Mitchell Cypress, Seminole Tribe Color
Guard; David Billie, Seminole Tribe Color Guard; Carlos Rainwater,
Executive Director, Florida Department of Veterans Affairs; Bill
Hickman, Disabled American Veterans; Julius Fisher, American
Legion; Marian Gentry, Veterans of Foreign Wars; Eugene R. Manfrey,
Veterans of Foreign Wars; John W. Yeomans, Veterans of Foreign Wars;
John E. Schmidt, Jr., Air Force Association; Richard Haddad, Reserve
Officers Association; Col. Charles H. Lawson, Reserve Officers
Association; Robert E. Hunter, Disabled American Veterans; Howard
Buck, Retired Enlisted Association; Al Linden, Disabled American
Veterans; Jerry Brill, American Association of Ex-Prisoners of War;
Henry Reed, Disabled American Veterans; Robert L. French, Fleet
Reserve Association; James A. Skinner, and Samuel H. Hayes.

House Physician
The Speaker introduced Dr. Alan Routman of Fort Lauderdale, who
served in the Clinic today upon invitation of the Speaker.

Presentation of Former Speakers

The Speaker presented the following former Speakers who were
present today at his invitation: the Honorable Doyle E. Conner, the
Honorable Mallory E. Home, the Honorable Ralph D. Turlington, the
Honorable T. Terrell Sessums, the Honorable Donald L. Tucker, the
Honorable Ralph H. Haben, Jr., the Honorable H. Lee Moffitt, the

1

2 JOURNAL OF THE HOUSE

Honorable James Harold Thompson, the Honorable T. K. Wetherell, the
Honorable Bolley L. "Bo" Johnson, and the Honorable Peter R. Wallace.

Presentation of Former Republican Leaders
The Speaker presented the following Republican Leaders who were
present today at his invitation: the Honorable Jim K. Tillman, the
Honorable S. Curtis Kiser, the Honorable Ronald R. Richmond, the
Honorable R. Dale Patchett, the Honorable James M. Lombard, and the
Honorable Sandra B. Mortham.

Correction of the Journal
The Journal of November 19, 1996, Organization Session, was
corrected and approved as corrected.

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

Certificate of Judicial Manpower
The following Certificate of Judicial Manpower was received:
No. 89,853
In Re: CERTIFICATION OF THE NEED FOR
ADDITIONAL JUDGES
[February 12, 1997]
KOGAN, C.J.
Under the provisions of article V, section 9 of the Florida Constitution,
the Supreme Court of Florida 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. We
appreciate the fiscal ramifications of certifying new judges, and have
adopted a policy of only doing so when we are certain that such a need
exists. To this end, we have analyzed case filings and evaluated the
growth in judicial workload over the past several years.
As a result of this careful review, in which we considered requests for
a total of 26 new judges, we have determined we should certify the need
for seven additional circuit judges, three additional county judges, and
no additional appellate judges for a total of 10 new judicial positions. A
comparison of the requests for new judges filed by the respective courts
and the new judges certified as needed for fiscal year 1997-98 follows:

District Court
First District
Second District
Third District
Fourth District
Fifth District
Totals

District Courts of Appeal
Request Certified
3 0

3

0

OF REPRESENTATIVES March 4, 1997

This conservative certification is dependent upon receipt of the
requested increase in funding for the assignment of senior judges. As
explained herein, using senior judges is a very cost efficient means of
meeting the increasing judicial workload.

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 received a request for three
additional judges from the First District Court of Appeal. None of the
other district courts requested additional judges. The last new
judgeships for the district courts were authorized in 1993. Since that
time the number of annual filings in each district court has risen
steadily. It is forecast that a total of 22,885 cases will be filed in the
district courts in 1997, a 24 percent increase since 1993. Judicial
workload is expected to range from 337 filings per judge in the Third
District Court of Appeal to 411 filings per judge in the Fifth District
Court of Appeal.

The district courts have each addressed increased workload pressures
through various means. They have improved internal operating
procedures, established central legal research staffs to handle selected
matters, 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 administrative
and 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. Such efforts have enabled the courts
to address increases in caseloads without the serial addition of new
appellate judges.

Nevertheless, we find that the continued growth in filings will soon
force consideration of significant increases of judicial and other
resources of the district courts. As an alternative to certifying new
judges though, we recommend that consideration be given to changing
the organization, jurisdiction, or geographical boundaries of the
districts. The creation of additional districts may also be a plausible
alternative.

To ensure a thorough review of these potential alternatives, the Court
has directed the Judicial Management Council (JMC) to conduct an in-
depth study of workload issues and all related policy for the district
courts of appeal. The JMC Committee on Appellate Court Workload and
Jurisdiction has already begun work in this regard. The Committee is
examining the organization, jurisdiction, nature and flow of work,
internal operating procedures, need for judges, judicial and support
staffing standards, and alternatives to adding more judges. The
alternatives being considered include redrawing the boundaries of the
current districts and creating new districts. We have asked the Judicial
Management Council to complete its study by May 30, 1997.
For the foregoing reasons we are not certifying the need for any of the
judgeships requested by the First District Court of Appeal. The results
of the Judicial Management Council study will be considered by the
Court in preparation for the 1998 certification opinion.

Circuit Court
Circuit Request
Second 1

Third
Fourth
Fifth
Seventh
Ninth
Eleventh
Thirteenth
Fifteenth
Seventeenth

1
2
1
1
4
1
2
1

C
Certified County
1 Leon
Columbia

County Court
Request
1
1

1
2
1 Putnam 1

1
0
0
0
1
0
7

Eighteenth 2
Totals 16

Orange 1

Dade

1

Palm Beach 1
Broward 1

Totals

7

The criteria for certification of the need for judges in trial courts are
Certified set forth in rule 2.035(b)(1), Florida Rules of Judicial Administration.
0 Consistent with previous practice, we have placed the greatest weight
0 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.
0
In addition to filings data, we considered the other factors described
1 in rule 2.035(b)(1)(B), Florida Rules of Judicial Administration. These
1 factors included county judge service on the circuit bench, the
availability and use of senior judges, the availability and use of
0 supplemental hearing officers, the use of alternative dispute resolution,
the number of jury trials, the number of foreign language
1 interpretations, the geographic size of a circuit, special law enforcement
activities, the availability and use of case-related support staff and case
3 management policies and practices, the nature and complexity of cases,

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JOURNAL OF THE HOUSE

and caseload trends. This information was extremely useful in
evaluating the requests of the various circuit courts.
After reviewing these factors, we find it necessary to certify the need
for seven new circuit judges for fiscal year 1997-98, as follows: one
additional circuit judge each for the Second, Fourth, Seventh, Ninth,
and Seventeenth Judicial Circuits, and two for the Fifth Judicial
Circuit.

The overall workload of Florida's circuit courts continues to grow at
a steady but modest rate. From 1995 through 1997, total filings are
projected to increase five percent. Moreover, criminal filings are
projected to grow by 12 percent over the same period. Civil filings, which
were relatively flat through 1994, are increasing and are projected to
grow by 10 percent through 1997. Domestic relations matters, which
had been a growth category through 1994, have leveled off somewhat,
but domestic and repeat violence filings continue to increase
dramatically. These cases have increased 35 percent over the past four
years.

Not only are circuit court filings increasing but, as we pointed out in
previous certification opinions, all categories of cases being filed are
more labor intensive than in previous years. In the past, circuit courts
projected to have 1,865 filings per judge were considered working above
capacity. This Court presumed that the circuit courts working at this
threshold level required additional judicial resources. Today, there are
other factors this Court must consider in evaluating workload. Changes
in the statutes, case law and court procedure 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 more frequently. 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
full-time judicial positions in a particular jurisdiction, but instead serve
to gradually increase workload across the board.
Due to the increase in labor intensity, we are 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 somewhat
below the standard as well. Four of the six courts for which we are
currently certifying a need for an additional judge or judges are forecast
to exceed the 1,865 filing per judge threshold in 1997. We also certify the
need for one additional judge each for the Fourth and Seventeenth
Judicial Circuits which are expected to have 1997 workloads slightly
below the threshold.
Although we recognize that these circuits are faced with mounting
workload pressures, we elect to limit the number of new judges certified
to each and supplement the judicial resources in those circuits with
senior judges. The Court has long encouraged the trial courts to consider
alternatives to adding additional judgeships whenever possible. In
addition to the effective and cost efficient use of senior judges, trial
courts have employed an array of resources and case management
strategies including: the establishment of specialized subject matter or
trial divisions; differentiated case management to consolidate and
expedite certain types of cases; the use of general or special masters,
child support hearing officers, and traffic magistrates; court annexed
mediation or arbitration of family, civil and selected juvenile matters;
and the assignment of a cadre of trial court law clerks to assist with case
reviews, case management and legal research. We encourage the
continued use of these alternatives.
As in the circuit courts, caseloads in Florida's county courts continue
to increase at a steady rate, following a four year downward trend from
1990 through 1993. This increase is largely attributable to growth in
criminal filings. We considered this increase 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 volume and the
lessened requirement for judicial attention per case, 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.

March 4, 1997

The Honorable Daniel Webster
Speaker, Florida House of Representatives

February 27, 1997

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 1996 vetoed bills, Regular Session. The Governor's
objections are attached thereto.
HB 557 An act relating to ad valorem tax adminis-
tration
HB 1041 An act relating to education
CS/HB 1853 An act relating to health care service pro-
grams
Sincerely,
SANDRA B. MORTHAM
Secretary of State

May 31, 1996

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 557, enacted during the 98th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1996,
and entitled:

An act relating to ad valorem tax administration; ...

OF REPRESENTATIVES 3

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 we certify the need for an additional judge are
projected to exceed the 6,114 threshold in 1997. We find it necessary to
certify the need for three new county judges for fiscal year 1997-98, one
each for Broward, Dade and Orange Counties.

Again, it is clear to this Court that adding judges alone will not ensure
increased efficiency in the Florida State Courts System. Neither is it the
most cost effective means for addressing increased caseloads. This
conclusion is supported by our evaluation of judicial workload in the
twenty judicial circuits. We will continue to rely heavily on the use of
senior judges on temporary assignment to augment the active trial and
appellate court judiciary. Senior judges will serve in excess of 5,500 days
in the current fiscal year. The cost of the equivalent of a year of senior
judge service is approximately 30 percent of the annual cost of a circuit
judgeship. We are requesting an increase in funding for approximately
1,400 additional senior judge days for fiscal year 1997-98.

Further, judges cannot efficiently and effectively manage caseloads
without the benefit of adequate numbers of 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.

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. Therefore, this Court
encourages the Florida Legislature to authorize the judgeships certified
herein, effective October 1, 1997.

It is so ordered.

OVERTON, SHAW, GRIMES, HARDING, WELLS and INSTEAD, JJ.,
concur.

Original Proceeding Certification of Need for Additional Judges

Vetoed Bills

The following veto messages were received:

4 JOURNAL OF THE HOUSE

The ad valorem tax is a vital source of funds for Florida's cities,
counties, and public schools. Property owners in the State of Florida are
assessed ad valorem taxes based on the just value of their property as
determined by a County Property Appraiser. "Just value" is a
constitutionally mandated standard for assessments. The factors
considered by a property appraiser in determining "just value" are
provided by statute. The Department of Revenue reviews tax rolls
prepared by property appraisers to insure the standard of just value is
applied fairly and equitably.

Given these guidelines, the property appraiser's assessments are
presumed to be correct by the Florida courts, provided it can be shown
that all of the factors provided by statute were considered and the
assessment is within a range of reasonableness. To rebut this
presumption, a taxpayer must establish that "every reasonable
hypothesis has been excluded". In other words, a taxpayer must show
that the property appraiser did not consider all the statutory factors, or
in doing so, calculated an unreasonable assessment in the face of the
presumption. House Bill 557 presumes that this burden of proof poses
an unfair legal obstacle for taxpayers to overcome. The bill makes it less
difficult to overcome the appraiser's assessment by reducing the burden
of proof to a preponderance of evidence. In doing so, the bill may create
as many inequities as it attempts to correct and will seriously affect local
government revenues at the same time if in fact the assessments fall in
amount of value.

Whether or not taxpayers have a fair and impartial method of
redressing the actions of local government in property tax assessments
is a legitimate concern. Is the current burden of proof truly excessive?
Should the burden of proof in property tax cases be the same as in other
tax disputes? What will the financial impact be to local governments?
Even House Bill 557 finds these questions worth answering and has
mandated that studies be conducted on these subjects while the bill is
in effect.

Given the major ramifications of this issue, we owe it to our
constituents to know the impact it will have on them and on our local
governments before such a policy is implemented. There may be a
compelling reason to change the current system, but we should make
that change in a deliberative fashion, forearmed with knowledge
gathered from all available information. Estimates of the potential
losses to local governments from this bill range from $70 million to over
$480 million, though I as Governor do not base my actions on the
speculation that the courts would unfairly reduce assessments. Cities,
counties, school boards, and the Legislature need accurate information
about these impacts and the lead time to plan for them. The studies
proposed by HB557 are a good idea, but it is more rational, in my view,
to identify the potential impact of this issue before it is implemented. By
instituting a study first, the state can then move forward with
recommended changes, without unnecessarily risking substantial
damage to local government and school district finances.

For these reasons, I am withholding my approval of House Bill 557
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

The Honorable Sandra Mortham
Secretary of State

E

May 31, 1996

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 1041, enacted during the 98th Session of the
Legislature since Statehood in 1845, during the Regular Session of 1996,
and entitled:

An act relating to education; ....

There are a number of provisions in House Bill 1041 that would
benefit Florida's system of public education. Indeed, many of the

________ __ __ ______

OF REPRESENTATIVES March 4, 1997

provisions in the bill can be accomplished through action of the State
Board of Education or by local school boards within their current
authorities. Contained also within the bill embracing these provisions,
however, is also a provision which would authorize school districts to
adopt resolutions allowing invocations or benedictions at enumerated
secondary school events. On balance, I believe that this so-called "school
prayer provision" will not be beneficial to our system of public education
and, for the reasons which follow, compel me to veto House Bill 1041.
The issue of school prayer has been very troubling for me for many
years-first as a state legislator, then as a United States Senator, and
now as Governor. School prayer was an everyday occurrence for me as
a student in public school, and as a member of the Christian majority.
I had, and still have, feelings that this is something that we should be
allowed to do. Listening and trying to place myself in the circumstance
of a minority, however, gives me a different perspective. I do not believe
that the right to petition the divine should be granted or withheld by
majority vote.
I grappled with my decision on this particular school prayer issue for
many weeks. I listened to the arguments of supporters of this school
prayer measure, and of its opponents. I sought the views of thoughtful
and sincere clergy with opposing views on the issue of school prayer. I
considered the governmental, theological, and personal aspects of my
approval or disapproval of this measure. Coming to what I consider to
be the right decision-even at my age, and with my lifetime of
experiences-was extremely difficult, and appropriately so.
I am especially mindful of the very thoughtful and sincerely held
beliefs of many Floridians both for and against this legislation. While I
readily admit that I do not possess any superior wisdom, judgment, or
insight on this question, it falls within my duty-by virtue of this office
that I hold-to render my judgment on this issue, and to the best of my
ability, I hereby do so.
There are those who have urged me to allow this bill to become law,
leaving to the courts the decision as to whether it is constitutional. I do
not invade the province of the courts by vetoing this bill today. Instead,
I exercise my authority and responsibility, as the chief executive of
Florida, to give or to withhold my approval of legislation which has been
presented to me. I do so not principally on the grounds of its
constitutionality, but upon the appropriateness of the public policy
embraced by the legislation. It is my conclusion that the school prayer
provision in this legislation is not appropriate as a matter of public
policy.
I believe personally that a prayerful and spiritual life is richly
rewarding. I commend it, and I recommend it. But endorsing such a life
is for me to do as an individual. It is different for the State.

Our Founding Fathers engrafted onto the Bill of Rights the doctrine
of Separation of Church and State, forbidding any "law respecting an
establishment of religion, or prohibiting the free exercise thereof." By so
writing, our forefathers bound us to a twofold principle: that in the
United States we shall have freedom of religion, as well as freedom from
religion. By allowing us freedom from religion, the concept of freedom of
religion is strengthened and purified. Our wise forebears conceived of a
democracy strong enough to tolerate a broad array of personal beliefs,
knowing that by our diversity, our democracy is further strengthened.
What our Founders knew is that the decision as to whether to pray,
when to pray, and to whom to pray, is an intensely personal decision. It
cannot be decided by majority vote.
Even so, I also believe deeply that prayer has a place in every facet of
our everyday lives, including our public schools. Clearly, students who
wish to engage in silent prayer are allowed to do so in our schools. There
is nothing in the court cases, the statutes, or the rules which govern our
educational system that prohibit students from exercising their
religious freedoms in this way. There is likewise nothing in the action
that I take today that will remove prayer from the public schools.
We know from experience that our school children are capable of
dealing with a wide variety of decisions and choices in their lives. We
appropriately give them broad opportunities for personal choice, as

JOURNAL OF THE HOUSE OF REPRESENTATIVES

these opportunities can be rich and growing experiences. But to impose
upon them the choices of others in so personal and subjective a matter
as prayer is not of such value. As well, I question the appropriateness
of leaving this highly charged and emotional decision to a vote of
secondary students. It is unfair to expect such a vote to bear the
hallmarks of sensitivity, to say nothing of reflecting adequately the
multiple facets of this complex, important, and private decision.
Further, the school prayer provision will diminish the importance of
the views and beliefs of those who are not within the majority. The
public schools in our pluralistic society are grounded upon the principle
of inclusion. School programs which at their best bring people together
in common bonds-at sporting events, school assemblies, and
commencement exercises-could be turned into events that tear people
apart.
I am mindful, however, that worshipping together can be a unifying
and fulfilling experience. We gather together in churches, synagogues,
and mosques, in other places designated by certain societies and
cultures as holy places, and at campfire services to celebrate and
practice our religious beliefs with those who share our beliefs and our
faiths. We do so-willingly, comfortably, trustingly-to share the
common bonds of our faiths. Praying together is a devout act which is
to be embraced, not an act to which one is to be subjected. One
commentator wisely said that religion cannot be forced; it must be
found. The very act of prayer may be trivialized by requiring it of the
believers and non-believers alike, obliged to listen to rote recitations of
pre-approved benedictions and invocations.
Prayer itself, personally and spiritually woven as it is into the strong
fiber of our society, would not be well-served by allowing this bill to
become law. The school prayer provision, as it is contained within this
bill, would reduce this profound and spiritual devotion to school board
and classroom debate. After full and prayerful contemplation of this
measure, I reach the conclusion that it is better for us to reverently
honor prayer as individuals, in our places of worship, in our homes, and
in our hearts.

For these reasons, I am withholding my approval of House Bill 1041,
and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

The Honorable Sandra B. Mortham
Secretary of State

May 28, 1996

Dear Secretary Mortham:

By the authority vested in me as Governor of the State 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 1853
enacted during the 28th Session of the Legislature since the
Constitution of 1968, during the Regular Session of 1996 and entitled:
An act relating to health care service programs; amending s. 641.28,
F.S.; revising award of attorney's fees in civil actions under certain
circumstances; amending s. 641.315, F.S.; providing additional
criteria for certain provider contracts; amending s. 641.3917, F.S.;
authorizing civil actions against health maintenance organizations
by certain persons under certain circumstances; providing
requirements and procedures; providing for liability for damages
and attorney's fees; prohibiting punitive damages under certain
circumstances; requiring the advance posting of discovery costs;
amending s. 440.11, F.S.; establishing exclusive liability of health
maintenance organizations; providing application; providing
legislative declaration; providing appropriation; providing an
effective date.

This legislation would significantly expand the rights of HMO
subscribers to sue their HMO in cases where the HMO denies a medical
treatment or service to the subscriber. Under this bill, HMO subscribers
would be allowed to sue for compensatory and punitive damages as well

as attorneys fees when any physician within the HMO's panel ordered
a treatment or service and the HMO declined to authorize payment for
that treatment. Florida would be the first state in the nation to enact a
statute authorizing such suits.
Six years ago when I took office, access to affordable health care
insurance was a critical issue. Double digit annual increases in health
care costs were routine and rising health care benefits expenses were a
significant deterrent to small business expansion and job growth in this
state. One of the top priorities of my administration was to bring
spiraling health care costs under control and to expand the availability
of affordable health insurance to thousands of uninsured and
underinsured Floridians. I am proud to say that we have made great
progress toward this goal over the last six years. Health care costs have
risen by only 5 to 8 % during each of the past two years. Much of the
success we have achieved has been the result of the expansion of
managed care principles to more of our health benefits packages. Today,
there are over 3.3 million Floridians enrolled in HMOs, up from 2.4
million just three years ago. Without the cost discipline of managed care
it is unlikely that we would have enjoyed this success or that we will be
able to continue to secure these savings in the future.
However, managed care is a new approach to delivering health care
which changes the relationship between the patient, the physician, and
the insurer. And with the growth of managed care comes new problems
with which we must deal. One of the most troublesome problems is the
potential for managed care to deny medically necessary services to
subscribers over the recommendation of the treating physician. The
decision concerning what treatment to prescribe goes to the heart of the
physician /patient relationship, but it is also the very heart of the
managed care concept. The traditional fee-for-service and indemnity
approaches demonstrated little ability to control overutilization and
unnecessary treatments. Nevertheless, with the growth of managed
care we more frequently see cases where it appears that a HMO may
have unreasonably and unfairly denied treatment to one of its
subscribers.

Clearly, subscribers must have an improved mechanism to insure that
they are not unfairly denied treatment by their HMO. The question
raised by this legislation is not whether an expanded remedy is needed,
but rather whether opening up the issue to resolution through the tort
system through suits for compensatory and punitive damages is in the
best interest of the consumer and is best for Florida's health care system
as a whole. For the reasons which I will address below, I believe that it
is not.

Under existing statutes, an HMO subscriber can sue an HMO for
breach of contract when it refuses to pay for a necessary course of
treatment. The subscriber can sue to force the HMO to provide the
treatment or the subscriber can sue to recover the out-of-pocket medical
expenses the subscriber incurs for denied treatment. The subscriber
who prevails in such a suit can recover attorneys fees as well.
Subscribers also have a right to file a grievance with their HMO and to
appeal any unresolved grievance to the Statewide Subscriber-Provider
Assistance Panel which is run jointly by the Department of Insurance
and the Agency for Health Care Administration. A HMO which refuses
to provide a service found to be a medically necessary covered service by
the Subscriber Assistance Panel can be fined as much as $250,000 under
the new HMO reform legislation which I signed into law last week.
These are not insubstantial remedies.
House Bill 1853 would allow any person "to whom a duty is owed" to
sue a HMO for compensatory and attorneys fees if a subscriber can show
that the HMO failed to provide a covered service when in good faith it
should have provided the service and when a physician, who is a
member of that HMO's panel of physicians, authorized the service as
medically necessary. Although the bill limits suits to situations where
one of the HMO's own contract physicians authorizes the service, it is
clear that the physician would have an incentive to authorize the service
and let the HMO be sued for denying the service rather then denying the
service up front and being sued for malpractice. It is likely that over
time more physicians would authorize treatment whenever there was
any doubt about the need or efficacy of that treatment. This would

March 4, 1997

5

6 JOURNAL OF THE HOUSE

encourage a return to the era of "defensive medicine" that helped to spur
sharp increases in health care costs during the 1980's. Moreover, the
suits against HMO's under this legislation would not face the procedural
and substantive safeguards that were enacted in 1986 under Chapter
768, Florida Statutes to control medical malpractice liability costs and
assure affordable malpractice coverage for physicians.
Throwing these cases into our already overly crowded and overly
litigious tort system is also troubling. The tendency in most cases would
be to require the HMO to pay for the service, regardless of cost. This in
turn would result in an erosion of the ability of HMOs to perform
utilization management which is an important tool for controlling costs.

In 1993, Florida passed landmark legislation creating the nations first
Community Health Purchasing Alliances, or CHPAs. Today, the CHPAs
insure over 15,000 small businesses, covering more than 75,000
Floridians and their families. Well over half of these families had no
health insurance prior to their joining a CHPA, and more than 70% of
CHPA members currently belong to a HMO. I am concerned that the
practical affect of this legislation will be to increase the rate for these
small businesses and therefore significantly reduce the availability of
insurance to both families in the CHPAs and to those who will wish to
purchase insurance through the CHPAs.
One of the primary difficulties faced by the workers' compensation
system, prior to the 1993 reform, was the incessant litigation attendant
to the delivery of medical care. Aside from the fact that Florida was one
of the leading litigation states in the nation in this area, was the
regrettable fact that very few injured workers benefited from this
wasteful system. As is often the case in these matters, the real winner
were those doctors and lawyers who ran the system and not the
employees who the system was purportedly designed to protect.
A key feature of the workers' compensation reform legislation which
I supported then and now, was the use of managed care in workers'
compensation. This cutting-edge idea has worked to initially reduce and
subsequently stabilize workers' compensation rates in Florida. One of
the features, by design, of this workers compensation managed care
system is its virtual absence of litigation concerning treatment
decisions. I fear that were HB 1853 to become law, we would destroy the
very positive benefit of managed care in our general health care system
with little real benefit to consumers and thereby recreate problems in
this area which we only so recently have successfully resolved in the
workers' compensation system.
This legislation is supposed to parallel existing statutes which
authorize "bad faith" actions against indemnity insurers. Even ignoring
the fundamental differences between indemnity insurers and HMO's,
which make strict comparisons difficult, there are still some important
distinctions which cause concern. First and foremost, the statutory
defenses available to indemnity insurers for denial of medically
unnecessary or unreasonably high claims are not carried over to HMOs.
These differences would make HMOs potentially more prone to suit
than their indemnity counter-parts.
This is not to say that consumers should not have a remedy for such
denials. Clearly existing law affords some relief. Rather than burden the
courts with an abundance of managed care litigation, the Statewide
Subscriber Assistance Panel, which consists of experts who are familiar
with HMO contracts and medical procedures, should be strengthened to
handle grievances more quickly and to directly mete out penalties to
HMOs which do not provide services as ordered by the Panel. The Panel
has been able to increase its caseload six-fold since 1991 and, with staff
increases, could handle more cases in a timely fashion.
The key to any dispute resolution system for health care claims is that
it be fast, fair, and efficient. The tort system is often none of those. I
would prefer to see a system in place which made quick and enforceable
decisions as to whether a subscriber is entitled to a particular treatment
so that the treatment could, if appropriate, be provided and the
subscriber could be saved from further injury or death as opposed to a
system which is designed primarily to monetarily compensate
subscribers or their estates after the fact for wrongful injury or death.
Indeed, there may be many claims where the monetary exposure of the

I

SOF REPRESENTATIVES March 4, 1997

plan for injury is less than the cost of the treatment. In those cases, the
tort system would offer little help to assist the subscriber in getting
treatment.

This legislation also provides a private cause of action for consumers
to enforce the existing statutes against certain unfair and deceptive
marketing practices. These are good reforms which should be considered
through separate legislation, but their presence in this bill is not enough
to outweigh the concerns I have for its impact upon managed care.

We should not put the entire managed care system at risk in the
absence of conclusive evidence that there is a systemic problem. While
there are many examples of service denials, the data available now does
not suggest that the problem cannot be addressed through improved
grievance system and arbitration. For example, the Agency for Health
Care Administration reports that just 7 out of 131 hospital emergency
access complaints received in 1995 involved HMOs. That is just 5%.

The problem of unfair denials is real and will become larger as more
consumers move into managed care. The issue today is whether this
legislation offers the best way to resolve these disputes and to assure
that consumers receive the medical treatments they need. In my view
this bill goes too far in creating a tort remedy for these denials. The
lawsuits generated by this bill would threaten to eviscerate the concept
of utilization review and cost control that are the heart of managed care.
We have progressed too far toward our goal of assuring affordable health
care insurance for all Floridians to turn our backs on it now. Reforms in
the existing Statewide Subscriber Assistance Panel would work better
than tort claims to meet the needs of consumers while safeguarding the
cost savings of managed care.

For all of these reasons, I am withholding my approval of Committee
Substitute for House Bill 1853, and hereby veto the same.
Sincerely,
LAWTON CHILES
Governor

The following veto message was received:

The Honorable Daniel Webster
Speaker, Florida House of Representatives

February 27, 1997

Dear Mr. Speaker:

In compliance with the provisions of Article III, Section 8(b) of the
State Constitution, I am transmitting to you for consideration of the
House the following bill, 1996 Regular Session, with the Governor's
objections attached thereto:

HB 2715 (Chapter 96-424, Laws of Florida).

We understand that the original law will be returned to this office
following any legislative action which may be taken on the vetoed
portions.
Sincerely,
SANDRA B. MORTHAM
Secretary of State

June 7, 1996

The Honorable Sandra 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 portions of House Bill 2715,
enacted during the 98th Session of the Legislature, since Statehood in
1845, during the Regular Session of 1996, and entitled:

"An act making appropriations; providing moneys for the annual
period beginning July 1, 1996, and ending June 30, 1997, to pay
salaries, and other expenses, capital outlay buildings, and other
improvements, and for other specified purposes of the various
agencies of State government; providing an effective date."

JOURNAL OF THE HOUSE

I have reviewed House Bill 2715, the General Appropriations Act. It
authorizes many activities important for the future of our state. It
increases funding for public schools, instructional materials in public
schools, and full service schools; provides additional resources for state
university system enrollment growth; expands Florida's Healthy Kids
program; provides child care for the working poor; funds initiatives for
the increased welfare of children; expands community care for the
elderly; continues the ongoing commitment to the acquisition of
environmentally sensitive land through Preservation 2000; improves
security in our prison system; and continues vital public improvements
in transportation and school buildings.
I am particularly pleased the legislature funded my recommendations
for increased spending on instructional materials for our public schools,
initiated a number of changes which should improve student
performance, began to address the challenges of long term care,
authorized a broad program of welfare reform and workforce
development, increased the state's commitment to provide prevention
and diversion programs in the juvenile justice system, and created a
new approach to economic development.
For all its strengths, the budget has a number of notable weaknesses.
For example, it reduces the funding of safe schools. Teachers have told
us over and over again that their highest priority was a safe learning
environment for our children, yet the Legislature reduced funding by
$20 million for this program. Similarly, the Appropriations Act
discontinues funding for the state's ongoing research and development
effort in education-School Year 2000-just months before the state and
its private partners are expected to deliver their first substantial
products. It also fails to provide start-up funds for "Second Chance"
schools-an important element of our statewide effort to ensure that
disruptive students are removed from the classroom so every child has
a meaningful opportunity to learn.
The Appropriations Act includes "flexible" proviso language in a
variety of educational areas which undermines the purpose of providing
funds for specific programs. For example, while providing increased
funding for instructional materials, the Legislature permits the school
districts to spend only 80 percent of these funds for instructional
materials. The districts have flexibility with the remaining 20 percent,
which may actually perpetuate the problem of under funding this
important program. The same inappropriate language is included for
transportation. Such proviso language flies in the face of the current
statutory requirements governing the use of categorical funds and
undermines the design and efficacy of state policy on such matters. In
these cases, I believe the Legislature has overstepped the bounds of its
authority by setting state policy in the budget rather than by enacting
general law. I will challenge this unconstitutional proviso language
through the court system.
The Legislature is also near to overstepping its authority in
enactment of "cut/conforming" bills such as House Bill 2723 and House
Bill 2725, which contain a variety of different provisions, intended to
circumvent the constitutional prohibition against amending substantive
law in the appropriations act. The construction of this legislation and
legislation such as Senate Bill 38, which makes vital transfers of funds
as a result of the constitutionally required review of trust funds, comes
precariously close to violating the stricture against multiple subjects
contained in Article III, Section 6 of the Florida Constitution. Although
I have allowed these bills to become law this year, I will take a harder
look at such legislation next year and consider vetoing them,
irrespective of the hardships that may follow. I also intend to look
closely at the trust fund sunset process required by the Constitution to
ensure that substantive law is not allowed to become inactive as a result
of the Legislature's failure to re-create a trust fund and to ensure that
the re-creation process does not become a means of logrolling other
proposals. Recently, I vetoed Senate Bill 624 which contained more than
3 dozen separate proposals which amounted to $49.2 million in tax
breaks. This type of legislation is unacceptable and I trust it will be
avoided in future years.
Nowhere is the budget more disappointing than in its treatment of the
state's human services. I am profoundly disappointed in the resources

March 4, 1997

OF REPRESENTATIVES 7

allocated to serve persons who are dependent upon this state for social
and health care assistance. Our state continues to grow in terms of real
population and in terms of those who cannot afford or who are not
physically able to care for themselves. We know that Florida is already
failing its children and families. The 1996 National Kids Count Survey
recently ranked Florida 48th in the nation in terms of caring for its
children-actually falling one slot below previous rankings. This dismal
trend should alarm citizens and lawmakers alike. It is shameful that the
fourth largest state that leads the nation in business growth and
opportunity, continues to turn its back on the needs of our children and
families. This provides clear evidence that children in this state need a
voice and a constituency that will stand up for their needs.
The reductions made in the Department of Health and Rehabilitative
Services are wrong. This budget reflects a real denial of Florida's
responsibility to care for our children, our families, our elderly and our
disabled. I understand the need to set priorities and pursue greater
efficiencies in government. I also understand the reluctance of
legislators to fund programs whose performance is lacking. But the
reductions in social services go beyond these objectives. There was no
need to cut this deeply. The reductions in mental health services,
protective services, transportation services, and health services, coupled
with an enforced diminution of our capacity to manage these program
areas, will come back to haunt Florida.
We have once again failed to provide prevention and early
intervention services and, in some cases, removed them from the arsenal
of defenses which enable Floridians to be self-sufficient, to arrive at
school ready to learn, to provide a safety net for abused and emotionally
disturbed children, and to age with dignity. The reductions this year go
right to the core of the service safety net and will begin to unravel the
very fragile fiber that holds families and communities together. I cannot
resolve these problems with a veto. They will require a recognition that,
in fact, a mistake has been made. If our stated goal is to budget by
priority, we should ensure that children and families are the state's top
priority. I am convinced our people recognize the need and want the
State to make a commitment to take care of children. I intend to press
this issue in the upcoming election cycle. Children should come first, not
last. The old whipping boy "HRS" no longer exists. Now is the time to
begin moving forward with a proactive plan and adequate resources to
preserve families, protect children, assist the disabled, provide
reasonable health care coverage, and make sure jobs and educational
opportunities are available to all Floridians.
As I have already indicated, this budget does much good. That good
should not be overlooked nor neglected. I have reviewed the General
Appropriations Act in depth. From Escambia to Monroe County, it offers
help and hope to our citizens. There are a number of special projects in
this budget. In many instances I feel the funds dedicated to these
projects would have been better spent addressing the problems in the
Department of Health and Rehabilitative Services. However, they will
provide needed services for children and families in a year when services
have been dramatically cut. For that reason I will not veto them. But I
have concerns with a number of items in the budget whose fiscal
soundness, public benefit and contribution toward government
efficiency is unclear. In consideration of such concerns, I have decided
to take the following actions:
Specific Appropriation 27A and accompanying proviso on page 4
appropriating $5,000,000 from the Educational Enhancement Trust
Fund are hereby vetoed. The specific appropriation creates a technology
matching grant program for public and private schools to implement
distance learning. Funds for distance learning activities are provided in
Specific Appropriations 31 and 190. In addition, all school districts are
receiving technology funding from the Public School Technology
categorical. The proviso following Specific Appropriations 27A has been
written in such a way as to limit meaningful competition for the funds
among all school districts. It also allows private schools to be eligible for
these grants, which is an inappropriate use of the funds. This
appropriation did not go through the normal legislative budget review
process nor has it received any benefit analysis review.
"27A SPECIAL CATEGORIES
GRANTS AND AIDS TECHNOLOGY MATCHING

8 JOURNAL OF THE HOUSE

GRANTS
FROM EDUCATIONAL ENHANCEMENT
TRUST FUND................... 5,000,000
The funds provided in Specific Appropriation 27A shall be matched
with no less than 40% local funds to enable public and private
elementary and secondary schools to implement a technology plan
for delivery of interactive voice, video and data over a seemlessly
integrated computer network primarily for distance learning
designed for measurably increased student achievement, economic
development as to specific communities served using systems
integration expertise to ensure vendor neutrality. None of the funds
provided in Specific Appropriation 27A shall be expended for
technology by any school until the school has submitted a plan for
its proposed technology expenditures to the Commissioner of
Education and that plan has been approved by the Commissioner.
The Commissioner shall not approve any plan without prior
consultation with DMS and review and approval by the Florida
Distance Learning Network."
Specific Appropriation 44A and accompanying proviso language on
page 8 appropriating $500,000 from the General Revenue Fund to the
Endowment for Cuban American Studies are hereby vetoed. This
appropriation circumvents the original agreement made when this
program was established in 1989, when a total of $1,000,000 was
appropriated for it. Proviso in the 1989 General Appropriations Act
provided that the Cuban-American National Foundation expend only
the investment earnings from the endowment. Providing funds for the
endowment fulfilled the State's commitment to this program.
"44A SPECIAL CATEGORIES
CUBAN AMERICAN FOUNDATION
FROM GENERAL REVENUE FUND .... 500,000
Funds in Specific Appropriation 44A are contingent upon the
deposit into General Revenue unallocated of $500,000 appropriated
to the Endowment for Cuban American Studies in line item 334A,
Chapter 89-253, Laws of Florida."
I hereby veto portions of proviso language following Specific
Appropriation 190 on page 69 appropriating $540,000 from the General
Revenue Fund for the Joint Liberal Arts Program between the
University of Florida and Santa Fe Community College. This funding is
a duplicate appropriation as the funding was also provided in the
Community College Program fund.
"From the funds in Specific Appropriation 190, $540,000 shall be
allocated to the University of Florida to be contracted with Santa Fe
Community College for the Joint Liberal Arts Program."
Specific Appropriation 302D on page 99 appropriating $700,000 from
the General Revenue Fund for the Neighborly Senior Services
Centralized Refueling and Vehicle Operations Facility is hereby vetoed.
The Governor's Supplemental Budget recommended funding of
$100,000 for this project, as the minimum amount needed to continue
services. In the current fiscal climate, only the most critical capital
projects should be authorized. This program has been touted as saving
significant resources. Prudent program management would have set
aside some of these savings to cover a portion of the cost of this facility.
Given the critical under funding in Alzheimer's and Community Care
for the Elderly programs, it is inappropriate to expend this level of state
funds on such enhancements.
"302D GRANTS AND AIDS TO LOCAL GOVERNMENTS
AND NONPROFIT ORGANIZATIONS
NEIGHBORLY SENIOR SERVICES
CENTRALIZED REFUELING AND VEHICLE
OPERATIONS FACILITY
FROM GENERAL REVENUE FUND .... 700,000
The funds in Specific Appropriation 302D are provided for a
centralized refueling and vehicle operations facility for Neighborly
Senior Services in Pinellas county."
I hereby veto portions of proviso language following specific
appropriation 383 on page 111 appropriating $700,000 for the North

IE

OF REPRESENTATIVES March 4, 1997

Broward Crisis Stabilization Unit. This is a duplicate appropriation and
is not needed for the stated purpose.
"From the funds in Specific Appropriation 383, $700,000 is provided
for the North Broward Crisis Stabilization Unit."

I hereby veto Specific Appropriation 389A on page 115 appropriating
$250,000 from the General Revenue Fund for Children's Services
Councils. This appropriation was intended to provide an incentive for
local governments to establish Children's Services Councils created in
House Bill 471. House Bill 471 proposed to establish these councils for
children to enhance the programs offered by public schools. This bill
failed to pass either house during the 1996 Legislative Session. In the
absence of such authorizing legislation, the expenditure of these funds
is inappropriate.
"389A AID TO LOCAL GOVERNMENTS
GRANTS AND AIDS CHILDREN'S SERVICES
COUNCIL INCENTIVE GRANTS
FROM GENERAL REVENUE FUND ..... 250,000

Funds in Specific Appropriation 389A are incentive funds to
encourage local governments to establish children's services
councils in their counties. These funds are contingent on HB 471 or
similar legislation becoming law."
I hereby veto proviso language following Specific Appropriation 454
on page 127 appropriating $250,000 to be used to relocate the Children's
Medical Services offices in Jackson.rille. Intent language included in the
1996-97 General Appropriations Act and Letter of Intent clarifies that
the proviso language associated with Specific Appropriation 454 was
made in error and duplicates funding provided in Specific Appropriation
476B.
"From funds in Specific Appropriation 454, $250,000 is to be used
to relocate the Children's Medical Services offices in Jacksonville."
I hereby veto Specific Appropriation 960A on page 189 authorizing a
$350,000 transfer to the General Revenue Fund. This appropriation was
authorized in error in drafting the General Appropriations Act. The
Legislature's intent was not to transfer these funds to General Revenue.
By vetoing this line item, the Department of Legal Affairs will not be
required to transfer the $350,000 appropriation to the General Revenue
Fund.
"960A SPECIAL CATEGORIES
TRANSFER TO GENERAL REVENUE FUND
FROM FLORIDA MOTOR VEHICLE THEFT
PREVENTION TRUST FUND ...... .. .100,000
FROM CONSUMER FRAUDS TRUST FUND 250,000"
Specific Appropriation 1257A on page 236 appropriating $646,000
from the Pollution Recovery Trust Fund is hereby vetoed. This is an
improper use of funds from the Pollution Recovery Trust Fund. Section
403.165, Florida Statutes, states that these funds are to be used by the
department to restore polluted areas of the state. Furthermore, the
affected industries that would benefit from this education program
could subsidize the costs of this program.
"1257A SPECIAL CATEGORIES
POLLUTION PREVENTION EDUCATION
FROM POLLUTION RECOVERY
TRUST FUND . . . ... 646,000"
I hereby veto proviso language following Specific Appropriation 1258B
on pages 236 and 237 appropriating $233,000 from the Solid Waste
Management Trust Fund for a project or projects by a private company
to convert an existing facility to use tire derived fuel in the generation
of electricity in cogeneration plants. This issue was not included in the
agency's legislative budget request and would circumvent the normal
legislative budget request review. This also would circumvent the
established funding process available through the Department of
Environmental Protection for these types of projects whereby the project
may be funded if its merit exceeds that of the other projects competing
for the funds available.

JOURNAL OF THE HOUSE

"From funds in Specific Appropriation 1258B, $233,000 shall be
used by the department, on a one-time only basis, to fund a project
or projects by a private company to convert an existing facility to
use tire derived fuel in the generation of electricity cogeneration
plants. The department shall issue a request for proposal and shall
give preference to projects that increase the overall net
consumption of tire derived fuel made from waste tires generated in
the state."

Specific Appropriation 1564A and accompanying proviso on page 274
appropriating $800,000 from the Professional Regulation Trust Fund for
the Board of Professional Engineers Management Contract are hereby
vetoed. This appropriation was contingent upon the passage of House
Bill 1199 or similar legislation becoming law which failed to pass the
1996 Legislature.
"1564A SPECIAL CATEGORIES
BOARD OF PROFESSIONAL ENGINEERS
MANAGEMENT CONTRACT
FROM PROFESSIONAL REGULATION
TRUST FUND ......... ....... 800,000

Funds in Specific Appropriation 1564A are contingent on HB 1199
or similar legislation becoming law, which allows the support
activities of the Board of Professional Engineers to be contracted
with a private nonprofit corporation."

I hereby veto Specific Appropriation 1621A on page 285 appropriating
$250,000 from the Highway Safety Operating Trust Fund for the
development of customer service kiosks. This appropriation is
insufficient to fund the total cost of the project, which will approximate
$860,000. This proposal did not go through the normal budget review
process and the implementation plan does not provide sufficient
information to determine the areas to be served, the services to be
provided, or other necessary information to evaluate the program's
performance.
"1621A SPECIAL CATEGORIES
CUSTOMER SERVICE CENTERS
FROM HIGHWAY SAFETY OPERATING
TRUST FUND. .................. 250,000

"Funds in Specific Appropriation 1621A will be used to develop
customer service kiosks around the state to provide drivers license
and motor vehicle information to the public."

I hereby veto proviso language following Specific Appropriation 1764
on page 300. This appropriation was intended to support the
Commission for Individuals with Disabilities which was created in HB
2029 to fully represent persons with disabilities. The bill passed the
House of Representatives but was not considered by the Senate during
the 1996 legislative session. In the absence of such authorizing
legislation, the expenditure of these funds for this purpose is
inappropriate.

"From the funds provided in Specific Appropriation 1764, $100,000
is to be allocated from the Wagner-Peyser federal appropriations
and $100,000 from General Revenue for the Commission for
Individuals with Disabilities contingent on HB 2029 or similar
legislation becoming law."
Specific Appropriation 1806 on page 311 appropriating $320,033 from
the Save Our State Environmental Education Trust Fund for the
Environmental Education Program is hereby vetoed. The Florida
Advisory Council on Environmental Education was transferred from the
Legislature to the Florida Game and Fresh Water Fish Commission by
Senate Bill 38, section 82. The funding for this program is contained in
Specific Appropriation 1320A.
"1806 LUMP SUM
ENVIRONMENTAL EDUCATION
FROM SAVE OUR STATE ENVIRONMENTAL
EDUCATION TRUST FUND .......... 320,033"

OF REPRESENTATIVES 9

The portions of House Bill 2715 which are set forth herein with my
objections are hereby vetoed, and all other portions of House Bill 2715
are hereby approved.
Sincerely,
LAWTON CHILES
Governor

Introduction of House Concurrent Resolution

On motion by Rep. Thrasher, the rules were suspended for
introduction and consideration of a concurrent resolution.

By Representatives Thrasher and Crady-

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 4, 1997, for the purpose of receiving the message of the
Governor.
-was read the first time by title. On motion by Rep. Thrasher, the
rules were suspended 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.

Committee to the Senate

On motion by Rep. Feeney, the Speaker appointed Reps. Bradley,
Carlton, Barreiro, Tobin, Thrasher, Turnbull, and Bronson 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.

Committee from the Senate

A committee from the Senate consisting of Senators Silver, Gutman,
Dudley, Holzendorf, Grant, and Jones advanced to the well and
announced that the Senate was convened and ready to transact
business.

Messages from the Senate

The Honorable Daniel Webster, Speaker
I am directed to inform the House of Representatives that the Senate
has adopted HCR 1-Org.
Faye W. Blanton, Secretary

The above concurrent resolution was ordered enrolled.

Recessed
The House stood in informal recess at 10:40 a.m., to reconvene upon
the call of the Speaker.

Reconvened
The House was called to order by the Speaker at 11:01 a.m. A quorum
was present.
JOINT SESSION

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

March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Arrival of Lieutenant Governor and Cabinet
The Honorable Kenneth H. "Buddy" MacKay, Jr., Lieutenant
Govenor; 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; the Honorable Frank Brogan,
Commissioner of Education, constituting the Cabinet, were escorted
into the Chamber by the Sergeant at Arms of the Senate and seated.

Arrival of Supreme Court

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

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

Prayer
The following prayer was offered by Dr. William R. Bright of the
Campus Crusade for Christ of Orlando, at the invitation of the
Honorable Toni Jennings, President of the Senate:

President Jennings, Speaker Webster, Members of the Senate and
House of Representatives, this is a historic day and a great personal
privilege and honor to lead you to the throne of grace in prayer, but first
we must remember the family of Representative Lynn because of the
loss of a loved one-to remember not only now, but in the future.

Holy Father, Almighty God, Creator of the Universe of more than a
hundred billion galaxies, we bow in reverence and awe before you. You
are holy and righteous, loving and forgiving; you are faithful and just.
There is no one like you; you alone are worthy of our trust and praise.
In this day of relativism and political correctness, we've abandoned
your absolutes. As a result, our nation is in danger of losing its soul.
We've become a morally and spiritually bankrupt society; we have
discarded your time-honored Ten Commandments and no longer
practice the Golden Rule. We have insulted you, the God of our founding
fathers, and turned to our own selfish materialistic pursuits.
The false gods of gold and entertainment have captured our minds
and hearts. You have both encouraged us and warned us in your Holy
Word, the Bible, which has been outlawed from our schools, that if we
obey your laws, you will bless many nations. For the first 170 years of
our history, you blessed us beyond any nation in all of history, because
of our godly forefathers. Yet, you have also warned us that if we violate
your laws and turn away from your love and protection, you will remove
your blessings and we shall reap the bitter fruit of our selfish, sinful
deeds. History is replete with examples of those nations which have
denied you and served the gods of gold and power. Germany, Russia,
North Korea, Cuba are several current illustrations of what happens to
nations who turn their backs on you. Now our own beloved country is
rapidly becoming another example of what happens when we no longer
are protected by your grace.
The answer to all of our personal and national problems is so obvious.
If only we obeyed your Ten Commandments and the Golden Rule, as a
people, all of our problems would be solved. Father, you've commanded
us to pray for our leaders, for all those in authority over us. We are fully
aware that our leaders from the precinct of the White House set the
standards for the rest of the nation. Therefore, I hold before you these
men and women whom you have honored and placed in leadership over
us. I pray for them individually and as a body, that they will seek your
guidance and your wisdom, that they will use their gifts and influence

to help restore us to our former allegiance and trust in you. That they,
their families, and associates will experience your special blessings.
We remember the promise which you gave to King Solomon for
ancient Israel, as recorded in II Chronicles, chapter 7, verse 14: "If my
people, who are called by my name, will humble themselves and pray
and seek my face and turn from their wicked ways, then will I hear from
heaven, forgive their sins, and heal their land." We claim this promise
for Florida and for America, that once again we may be a nation under
your sovereign, holy, righteous, and loving rule. Thank you, Father, for
this great country where we still enjoy the freedom to seek after you in
different ways through various religions, which I respect and defend. I
come to you, Father, in the name of the one whom you sent to be my
savior, whom I love more than my own life-the Lord Jesus Christ. We
worship you and we praise you, and adore you, the true God, the only
God. May your blessing be upon this group of men and women in an
unprecedented way, even, Father, a supernatural way. For the good of
our country and for the glory and praise of your incomparable name.
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. Sindler, the President appointed Senators Cowin,
Clary, Lee, Klein, and Campbell, and on behalf of the Speaker,
appointed Reps. Jones, Sanderson, Rodriguez-Chomat, Wasserman
Schultz, Lawson, Harrington, and Boyd as a joint committee to notify
the Governor that the Legislature had assembled to receive his message.
The committee retired to execute its responsibility.
The Joint Session stood at ease, awaiting the arrival of the Governor.

Presentation of the Governor

Upon announcement by the House Sergeant at Arms, the committee
escorted Governor Chiles to the rostrum.

President Jennings introduced Mrs. Rhea Chiles, wife of Governor
Chiles; Ms. Rhea Chiles MacKinnon, daughter of Governor and Mrs.
Chiles; and Miss Brynne MacKinnon, granddaughter of Governor and
Mrs. Chiles. President Jennings presented the Honorable Lawton M.
Chiles, Jr., Governor, who addressed the Joint Session as follows:

Governor's Address
Thank you very much. [applause] Thank you very much.
[applause] You are very kind. Thank you. [applause] Thank you.
[applause] President Jennings, Speaker Webster, members of the
Supreme Court, my friend and partner, Lieutenant Governor Buddy
MacKay, members of the Cabinet. I saw a distinguished Member of the
Congress here and we are delighted to have her here and members of the
Senate and the House of Representatives, the family, and my fellow
Floridians.
We're blessed to be Floridians, to live in this time of great opportunity
for our state. We have much to be proud of this morning. Our crime rate
is down for the fourth year in a row; our welfare reforms are taking root.
Twenty-three thousand families have left the welfare rolls since last
July. Job creation and personal incomes are up. The State is strong. But
you and I know that there is much work to be done.
This session is a historic one. For the first time in a long, long time,
both the House and the Senate are controlled by the Republicans.
[applause] That did happen once before, but it took federal troops to
bring it about. [laughter]

I'd like to remind my Republican friends that, to truly lead, you're
going to need the help and experience of our Democratic colleagues. And
I also would like to remind you that there's still an old Democrat that
sits in the Governor's chair. [applause]

10

March 4, 1997

JOURNAL OF THE HOUSE

You guys seem to be way in the back this time. [laughter]

Our government power may be divided, but our work doesn't have to
be divisive. More than ever, we need each other. And our people expect
us, rightfully so, to work together.
I believe that we've already proven that we can. Together we've
worked to reform workers' compensation, welfare reform, strengthening
our economy and promoting jobs, the passing of Enterprise Florida.
We've taken major steps to hold criminals responsible and make them
serve time for their crime. We've created a new Juvenile Justice
Department. And we did these reforms not as Republicans or
Democrats, but as Floridians.

During this session let's continue this good bipartisan work. Let's
work to promote safe neighborhoods, to safeguard our environment, to
protect our elders. Let's make this the year that we began to restore
people's confidence by passing a meaningful election reform bill.
[applause]
I want to discuss all these issues with you, but not today. Today, I
want to speak with you about journey that I've been on. It started here
in this House, where I served eight years. I went down the hall and
served four years in the Senate. I took a little walk and that led me to
the United States Senate where I spent 18 years. And now for the past
six years I've been proud to serve as Florida's Governor.

I thought I was pretty darn good. I knew a lot of answers. I had
worked on a lot of solutions. I thought I knew how to play the game. But
now, 36 years later, I find I didn't even know where first base was.
First base is our children. The answer to all of our pressing problems
begins with the child.
Everyone in this Chamber, together with all of our business leaders,
know that if we want Florida to be a great state, if we want to maintain
our high standard of living, if we want to preserve the wonderful quality
of life that you and I love so much about Florida, we must have high-
skill, high-pay jobs. We also all know that for Florida to get there, we
must greatly improve our education product.

But in that quest for improving education, where do we start? I think
a lot of us, at one time, thought we started with our colleges. Then we
discovered that we had to work in our high schools. Then we started
thinking about middle schools and grammar schools. Many would say
now that we start at kindergarten. Some would even say
prekindergarten. I submit to you today, the evidence is overwhelming.
Education must start at gestation.
We've known intuitively that children who have been loved and
nurtured get along better; they are smarter; they do better in school. But
now, with a revolution in brain research, we can actually observe the
day-to-day growth of the brain. We can actually tell what happens when
a mother strokes her baby-what hormones that are released that
trigger the growth of the brain. We are learning about the tremendous
explosion in brain development that begins at zero and through zero to
3. And the facts are very, very compelling.

When a child is growing in its mother's womb, its brain adds 25,000
[250,000] neurons per minute, per minute. At birth, a baby's brain
contains 100 thousand, no, no, one billion, one thousand billion, I'll get
it right in a minute, one thousand billion [100 billion] neurons. That's
about the same number of [nerve] cells that there are stars in the Milky
Way.
From birth to age 1, the number of brain connections mushroom from
about 50 trillion to 1,000 trillion.
This-and these connectors, they help to ensure that a child can cope
with their environment. The connectors that aren't stimulated through
voice, sight, touch, love, nurturing, will eventually die off. The brain is
the ultimate use-it-or-lose-it machine.

The more words a child hears by age 2, the larger that child's
vocabulary is going to be. A child that hears four languages by age 4,
hears them, will later be able to speak those languages in mother's

March 4, 1997

OF REPRESENTATIVES 11

tongue. A 3-year-old exposed to music every day has a head start in
developing problem-solving skills to do complex math and engineering
problems.

This phenomenal growth continues through age 3. These connections
are the critical foundation of a child's future. The neurons are there but
the connectors are what bring the use into being.
By age 10, by 10, the majority of the brain's building process has taken
place. It's cooked. The rest of the time we might use it, it's not going to
grow. Once this window of opportunity closes you have to play catch-up,
and the cost of that, as we know, is very high.

These discoveries should inspire us to change the way that we develop
public policy from child care, education, welfare reform, criminal justice.

This morning, the United Way of Florida and I had a package of
information on this revolutionary research delivered to your office.
Please read this information. You will find that it's not just the
scientists, it's not just the children's advocates, it's not just Lawton
Chiles. I'm including in that package, in that report, the Committee on
Economic Development's report. This is a group of America's top chief
executive officers. The top business leaders of this country are beginning
to understand the research-the impact that this has on their bottom
line. So this is not social "do-goodism" we're talking about. This is
bottom-line common sense. I think it is probably the way to be fiscally
conservative, the way to use our dollars adequately, properly. The brain
research can help us get ahead of our greatest problems.
As Florida's leaders, you owe it to yourselves, you owe it to your
constituents, to learn as much as you can about this because the
implications are so very great. Science is lighting a new path that shows
how nurturing our children can begin to change the destructive cycle so
many of our people are now on. We need to follow that path.
A child is the most wonderful gift in the world. And we know that
successful children begin with successful parents. Parenting today is a
very tough job. Parents need all the help they can get. For today's
parents, Grandma is a thousand miles away and neighbors are at work.
The support system that we grew up with is simply not there.
Government doesn't raise children, parents do. The state has a role, but
the state can't be a parent. [applause] But the state can invest in
community-driven programs to help.
If we want kids to be ready to achieve when they start school, then we
have to ensure that those kids are loved and nurtured before they turn
5. Whether that's at home or whether that's in day care.
We can do this by promoting quality day care, fully funding
prekindergarten, supporting parents in their role as a child's first
teacher. There are some wonderful models out working in our state
where communities have partnered with the private sector and are
doing great things for our kids. We need to replicate those models and
try to help build on them. We need to challenge the business community
to play an even greater role in supporting parents in raising their
families. We need more good ideas from the private sector like "Take
Stock in Children." More businesses need to follow the lead of firms like
Honeywell-puts that day care right on their facility. Barnett Banks
who have made a commitment to support their workforce and their
parents' education in child-care assistance.

Babies that aren't nurtured and stimulated and loved develop brains
that are 20 to 30 percent smaller than normal. On the other hand, there
are studies that show you can raise the IQ of children from
disadvantaged families, from families, in fact, where parents have low
IQs, up to 20 points. Think of the difference. Think of the impact of a 20-
point increase in IQ. Think of the implications that that has for welfare
reform effort. We know that adequate child care is critical to making
welfare reform work. That's why I'm asking that WAGES savings be
used to provide child care for those transitioning off of welfare.
If we are going to require a mom to go to work when her child is 3
months old, we have to ensure that she places that child in a good
situation. It can't be custodial day care. [applause] It has to be quality
child care.

12 JOURNAL OF THE HOUSE

But while we promote child care for WAGES recipients, we also must
help those moms that are on the welfare margins. We shouldn't punish
people who want to work, who have tried to work, who have been
working and struggling to make ends meet. We know those people also
need quality child care. Affordable, quality child care is really an
oxymoron to those working people. It just doesn't hardly exist. Quality
child care is very expensive. For an office assistant earning minimum
wage, with two children, child care will take almost all of her money. If
we want to make work pay, we have to fund our subsidized child care
waiting list. That's the best way to keep people off of welfare.
As a country and as a state, we are deeply divided on the question of
abortion-whether it should be permitted at all, if so, when it should be
allowed, under what circumstances. We do not have to be divided on the
issue of teen pregnancy. One-third of teen pregnancies result in
abortion. We know that children born to teens are more likely to live in
poverty, to be raised by a single parent, and much more likely to
repeat-a teen parent's child will be a teen parent. The federal
government is challenging the states to reduce teen pregnancy without
increasing abortion. They've offered a carrot of 20 million dollars to the
first five states who make the greatest progress. Together let's develop
a strategy to accomplish this goal. This is the kind of challenge
Republicans and Democrats ought to be able to work together to
accomplish. [applause]
We worked hard to promote adoption in Florida, and I'm proud that
we've found homes for nearly 1,600 kids last year. An 80-percent jump
over 1990. We've established an internet home page, a very popular site.
Since July, we've had 12,000 hits on our web site. I'm pleased to tell you
this morning that we're about to have our first adoption from the home
page. Angelo and Marion Figueroa of Fort White, are interested in
adopting a 4-year-old child named Nate. They found him on the home
page and it was love at first sight. Nate has been placed with the family
in January and soon that adoption will be complete. We need to help
more people like the Figueroas adopt Florida children. Today we have
1,700 boys and girls in our foster homes that are looking for a mom and
a dad. Let's fund our adoption subsidy. It helps families provide a loving
home for a child who has been abused, neglected, or abandoned. Let's
remember we pay less in the adoption subsidy than we pay for the foster
child care.
You recognized, Madam President, my daughter, Rhea MacKinnon.
She co-chairs a public/private partnership that we have set up to
promote adoption. She is our adopted daughter, and we are very proud
of her. [applause]
Science is finding that violent experiences in early childhood can lead
to brain dysfunction and that's why we must ensure that our children
grow up in nurturing homes free from violence and abuse. There is a
cycle of abuse that grips too many families with the abused becoming the
abuser. We have to end that cycle. Often, where there is domestic
violence, there is child abuse. And even when the domestic violence is
only witnessed by the child, we now find that becomes child abuse.
Thank you. Thank you, for helping place Florida in the forefront of
preventing family violence. Our good work has led to a higher awareness
of domestic and sexual violence; it's helping to prevent child abuse. But
91 children, 91 Florida children, died from child abuse last year. The
facts on these cases are heart-wrenching. Their stories are too real, and
they're repeated time and time again: Bradley McGee, Lucas
Ciambrone, and more recently Kendia Lockhart. With each of these
high-profile cases, we ask, "Why? How could this happen?" The names
change but the results don't change. We have to strengthen the corps of
people working in our communities to keep our children safe and sound.
I recently had the opportunity to shadow a few of our child protective
service workers part of a day. It was a very eye-opening experience. I
encourage you to take some of your time, go out with these workers, see
where they have to go, see the problems that they are dealing with.
You'll find they are not the Gestapo; they're closer to being guardian
angels. They are not working to break up families; they are working
hard to help families to be able to deal with their problems so they can
stay together and keep their kids safe. Go see for yourself. They are
overworked, they don't get paid, they don't get the training they need.

E

SOF REPRESENTATIVES March 4, 1997

We need to invest in these workers-pass a training and pay plan that
rewards competency. This will help us retain the best workers in this
most critical job and help them make the smart decisions that we
demand that they make.
Education is the primary children's issue that we'll deal with this
session. We all have our individual lists of what should be done to
improve our schools. Perhaps we can start with a short list of what must
be done. I think we would all agree that that short list would say we
have to increase school standards, we have to reduce crowded schools,
and we have to make school a safe place for our kids.
We need to start by challenging every parent to have their children
reading by the end of the first grade. We can help by providing one-on-
one instruction for first graders who need help learning to read. Let's do
this. We can't afford to leave any child behind.
We've all seen the studies that 54 percent of our students don't have
the math, reading, writing skills to succeed in college. We know that
more than ever, students need higher skills to succeed in the workplace.
That means we have to expect more of them throughout their school
days.
How long will we pay 57 million dollars a year to remediate students
at the community college level who don't have these adequate skills?
How long will we pay 126 million dollars a year for drop-out prevention
programs?
Florida is ahead of the nation in setting standards. Our efforts on
math are receiving national attention. We can do better. Kids ought to
be able to read, write, do math at their grade level. Those that don't
must receive the help that they need. Our children ought to have their
critical thinking skills, and ought to be able to apply that knowledge to
their studies and to their lives. And every high-school graduate in
Florida should know and understand basic algebra.
You send me a clean bill to raise school standards, and I will sign it.
Let's make it the first business this session. [applause]
Last year, after I returned from the National Education Summit, I
asked Lieutenant Governor MacKay and Jack Critchfield, the Chief
Executive Officer of Florida Progress Corporation, to lead a Governor's
Commission on Education. This two-year citizen's panel is made up of
some of our state's top leaders. The first recommendation that they
made is that we take immediate action to end the overcrowding of our
schools. You'll recall that this isn't the first time Florida has faced an
overcrowding problem. Less than four years ago, we faced an
overcrowding problem in our prisons. The need was so urgent that I
called you back in a special session so that we could deal with it.
We made room for the criminals in our prisons. Now I challenge you,
if we can make room for criminals, we can make room for kids in our
schools. [applause] I understand the concerns that many of you have
that money is wasted in school construction. I don't think 3 billion
dollars has been wasted, but we can design and find the ways to see that
the money is not wasted. But we have to take action. Standing room only
in classrooms is a roadblock to our children's education. Let's adopt the
Education Commission's recommendations and let's expand the gross
receipts tax as a tool to shrink class size in our states. Let this be the
session where the districts get the tools they need to end school
overcrowding. [applause]
Our schools must be "safe zones" for our children to learn. Recently,
I attended a town meeting on school safety in West Palm Beach. At that
meeting, I heard from the mother of Johnpierre Kamel. He was killed in
a fight over an argument on a watch, a watch at the school ground. His
mother gave moving testimony on why we have to stop the violence. I
was so impressed with this lady, who had just lost her son, who was able
to speak with love, not vengeance, and plead that we have to do
something about this. So whether it's fists or firearms, this tragedy
illustrates why we must expand our safe schools program. We have to
provide a secure place for teachers to teach and children to learn.
Higher standards, smaller classrooms, and safe schools are the basics
when it comes to helping our children learn. But our economy demands

JOURNAL OF THE HOUSE

that we provide a quality higher education for our children. I trust we
will move forward and increase college tuition. This will continue our
goal to create world-class universities. Last year, the Legislature took
a giant step to fulfill the Lottery's promise. I want to thank you for
creating the Lottery Scholarship program. There was some little slip in
that program; the money got left out. Not to worry, I have put it in my
budget and I trust you are going to put it in this year. [applause] With
higher college tuition, we have to ensure that we don't price out our
needy students. It's important to reward educational achievement, but
we need to look at all of our financial assistance programs, including the
lottery scholarships, to provide more for needy students.

As we are talking about how to promote our children's education, we
have to ensure that they learn about being healthy. Every year, 40,000
of our Florida kids start smoking. That's the equivalent of three
classrooms every day. One out of three of those kids will end up dying
from smoke-related disease. Why, why is this happening?

"Tobacco is a 'highly . efficient [effective], cheap drug' and
cigarettes are a 'drug' administration system." "Tobacco is a 'highly ....
efficient [effective], cheap drug' and cigarettes are a 'drug'
administration system." That's not me talking. That's a quote from a
memo by a research scientist for British American Tobacco Company,
the parent company of Brown & Williams Tobacco Corporation. That,
and a number of other secret documents are coming to light in our
lawsuit and others all around the nation. They're showing how long the
tobacco cartel has known how addictive their products are.

Last year, tobacco became our leading cause of death in Florida. It
kills more Floridians than murders, car crashes, suicides, AIDS, and
fires, combined. Cigarettes have served as a gateway to illicit drugs for
too many of our children. A Florida study shows that kids that smoke
cigarettes are three times more likely to drink alcohol, six times more
likely to use marijuana, eight times more likely to use cocaine.

We know that there are ways to protect our kids from tobacco.
California has shown the way by implementing a comprehensive tobacco
education program. That program helped decrease smoking in
California by 40 percent. I proposed a 10-cent tax on cigarettes to
educate children about tobacco. If we could decrease smoking by 40
percent in Florida, we would realize tremendous savings. Join me in
protecting our kids from tobacco. [applause]

Can we afford these front-end experiments? Can we afford to put
money in them? I think our experience demonstrates that these
investments save money. Six years ago we made a commitment to
prenatal care, and we established Healthy Start coalitions. We've
brought infant mortality down by 23 percent, well below the national
average. We've saved over 1,500 lives because of the investment in
prenatal care. More than that, we have thousands of kids that are born
healthy. They went to full term, and the savings from that, that they will
be meaningful citizens, able to contribute, is very, very great.

I had the pleasure of being escorted into the Chamber this morning by
several of the children whose futures are brighter because they are
Healthy Start kids. We need to expand this ground-breaking effort to
help even more of our children.

Since 1990, through community partnerships with Kiwanis of Florida,
Healthy Start, and the Department of Health, we've increased
immunizations in this state by 21 percent. Now, more than 80 percent
of our 2-year-olds have all of their shots. For every dollar we spend on
immunization, we save over 14 dollars. And now, we don't have to worry
about an epidemic of measles or mumps in the state.

To improve education, we must ensure that our kids are healthy when
they get to school. We know a sick child can't learn. That's why I'm
asking you to expand the Healthy Kids program. We've reduced
emergency room care up to 70 percent in counties that have this
program. School attendance is up; grades are up among children
participating in the program. We currently serve about 30,000 kids in
16 counties. Let's boost that program and triple the number of kids in
the program and expand it to at least 12 more counties this year.

March 4, 1997

OF REPRESENTATIVES 13

If you don't have a Healthy Kids program in your county, maybe this
is the session you ought to ask "Why don't I?" "Why not?"
We've seen our front-end programs bear tremendous fruit. It's the
back-end programs that are gnawing away at our budget year after
year. Over the past six years, funding for prisons has grown by two-
thirds. Juvenile justice funding has jumped by half. We've taken the
necessary steps to keep criminals locked up for 85 percent of their
sentences. There are no waiting lines for admission to our prison
system. But we have a waiting list for prekindergarten-30,000 [13,000]
children on that, and we have a waiting list for women who need
Healthy Start-30,000 mothers on that waiting list, and we have a
waiting list for child care, so parents can go to work-there are more
than 30,000 children on that.
When you look at the budget, you see we've got it backwards. For
every dollar Florida spends on prevention services for kids, we spend
two dollars and a half for prisons, juvenile justice, and back-end
programs.

It's not an "either/or." I know we have to fund these back-end
programs. They are a result of our neglect and our past failures. But, for
goodness sakes, let's do something that would reduce the percentage of
our budget that goes to these back-end programs. Let's take a hard look
at the way we develop our budget. And let's ensure that kids have a seat
at the table, when the conference committee gets around to dividing up
the dollars.
I know many of you sincerely believe that we can't afford to pay for
these things. None of us said we couldn't afford to make felons serve
more time. We didn't say we couldn't afford to build the level 8 and the
level 10 beds to take dangerous juveniles off the street. We had to do
that. I submit we can't afford not to fund these front-end programs for
our kids. It's pay now or pay more later. And we are paying much more
later.
As Governor, it is my privilege to be able to address the Legislature
each year and discuss what I think are the state's most important
issues. Although this is called the "State of the State," I think today the
real question is what is the state of our children? Today it's poor. But the
real answer that I'm seeking, that I think we should be seeking, for the
question lies in the future, and that depends on the action that we take
during this session.
Five hundred kids are born in Florida every day. During this session,
30,000 kids will be born. How will they fare? That's going to answer the
question of whether we will have this high-skilled, high-paid workforce
or whether we will have a mediocre state with problems and unhappy
people.
My journey has made a big circle. It has brought me back to the
beginning. All my years, all my gray hair, and all my failures and some
successes tell me today, children is where it's at. My message is simple:
to be a successful state, we have to nurture successful children. And that
begins at the beginning. Today, the game begins. Please let's don't forget
first base. Thank you. [applause]

Benediction
President Jennings introduced Rabbi Merle Singer from Temple Beth
El, Boca Raton, who served at the invitation of President Jennings.
The following benediction was offered by Rabbi Merle Singer:

Governor Chiles, President Jennings, Speaker Webster, the
Honorable Members of the Supreme Court, Members of the Cabinet,
Members of the Senate and House, a benediction is the prayer that
becomes the doorway we walk through as you, our elected leaders,
prepare to secure a future that will become the legacy by which we will
be remembered.
There is a beautiful saying that comes to us from the heritage of my
people, "There is only one thing that is whole in the entire world, and
that is a broken heart." Reflect for a moment. Here is a world that has
yet to be redeemed, a world in which there is tragedy at the root of
things. How can a moral and sensitive person walk about with a heart

JOURNAL OF THE HOUSE OF REPRESENTATIVES

that is not broken or deeply touched by suffering? The broken hearted,
parodoxically and profoundly, are the whole-hearted.
It is said that as a society we are judged by how we take care of those
least able to care for themselves. May we the citizens and you our
elected leaders work together to bridge the gap between our state's
wealth and the health, education, and security of our children. Let the
pain stop and the healing begin. Let our legacy be found in what we are
doing in growing a crop of healthy, safe, education-ready children who
will bear good fruit for both the economic security and the public safety
of this great state of ours.
Today is a day of celebration. Tomorrow and throughout this
legislative session begins the work by which the value of this celebration
will be determined-how our own and other people's hungers and needs
will be dealt with. This is how we shall be judged. And so I close with
these words from Elie Wiesel: "The opposite of love is not hate; it is
indifference. The opposite of faith is not heresy; it is indifference. The
opposite of life is not death; it is indifference." May you, by word and
deed, bring healing and hope to those who look to you and thereby leave
a legacy where this state of ours will be a better place for your having
been our leaders.
And so we pray, may God bless you and keep you, and the presence
of God be near to you and gracious to you. And may the presence of God
be lifted to you and grant you a sensitivity to the hungers and needs of
this world with a heart that is whole. And let us say, Amen.

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 the Senate.
On motion by Senator Bankhead, the Joint Session was dissolved at
12:21 p.m., and the Senators were escorted from the Chamber by the
Senate Sergeant at Arms.

Reconvened

The House reconvened at 12:34 p.m. A quorum was present.

Remarks of the Speaker
Speaker Webster: It's with great optimism and enthusiasm that I
welcome you today to the beginning of the 99th Regular Legislative
Session. If you are guests in the gallery-which they all left [laughter]-
if you are watching by TV, we welcome you also to this process.
As you observe the phenomenon of a citizen's legislature, I'm sure that
you will become convinced that this is a democratic republic at its best.
The collective and creative geniuses residing in the Members of this
Legislature and in this Chamber today is incredible. Their ability to
comprehend human need, their commitment to finding solutions to the
problems that face us, and their utter resolve to make Florida the best
of the best is without question. Others may malign them, seek to impugn
their integrity. I salute them and commend them to you as public
servants deserving respect and admiration. To those who look on, I
would reemphasize our commitment to openness. We really want to
make this a public-friendly place.
With the advent of gavel-to-gavel coverage from public broadcasting
and Florida cable, you will have the opportunity to be better informed.
Also I've instructed my House leaders, the chairs and vice chairs of the
committees, to allow more time for public testimony and comment for
citizens who are able to join us here in Tallahassee.
To you, my fellow legislators, I don't just raise my hand to salute you
to the rest of the public, but I also extend my hand to you, to help you
serve your constituents in a better way. This hand could never be
extended as an iron fist, but an open hand, an open hand to you to be a
part of this process with me, and to join us in making this a better place.
All of us realize today that a transition in leadership has occurred, and
it took place at the election time. With that shift also comes change.
Change was predictable. Change is difficult. The fear of the unknown

and untried is perhaps our greatest fear; it certainly is mine. I've never
been here; I'm standing here today. And, certainly, that's a part of it. I'm
treading ground I've never tread before, and many of you are, too.
I am more convinced than ever, however, that this process will be
better because of your willingness to change, to flatten out the pyramid
of power, to extend out the base so that every one of you could be a part
of this system, could be players in what we believe to be the opportunity
of a lifetime, to bring good legislation to the floor, to debate it, to discuss
it, and, then, to turn it into law.
Today we look to Florida's future by celebrating one of its great
leaders of the past, Dr. Martin Luther King, Jr., who was a man of
convictions based on truth, and this is precisely the course I would like
to pursue and like you to pursue with this body.
As we strive this session to make more perfect government for the
people of Florida, let us remember Dr. King's words: "An individual has
not started living until he has risen above the narrow confines of
individualistic concerns to the broader concerns of all humanity."
As I read your bills, I see bills doing exactly what Dr. King stated,
rising above the narrow confines of an individualistic concern. I see bills
filled with character and conscience, bills filled with care and concern.
I see caring for academic excellence for all our school children with
Representative Stacy Ritter's bill to send unclaimed lottery dollars, to
spend those on scholarships; Representative Evelyn Lynn's bill to make
expulsion the only option for violent students who batter our school
teachers; Representative Carlos Valdes' bill to require the studying of
the U.S. Constitution in government classes. I see caring for the
protection of women and children with Representative Merchant's bill
that makes domestic violence in the presence of a child under 16 a
felony. I see caring for women with Representative Bronson's bill that
allows jurors to donate their money to spouse-abuse centers instead of
taking it for themselves. I see caring for seniors and the disabled with
Representative Tracy Stafford's bill to increase the ad valorem
exemption for widows, widowers, and the disabled from 500 to 2,500
dollars. I see caring about innovative government, like cleaning our
House up first-and that is with many of you who have aided in bringing
about a piece of legislation which hopefully will pass sometime this
week, dealing with election reform-true reform-and I appreciate the
efforts of you. I see caring for Florida citizens with the work of
Representatives Thrasher and Warner and Crady and Representatives
Mackenzie and Lippman and others who have worked together to help
structure a new set of Rules, which are certainly different, and yet we
believe will work and make the process more open to all. I see caring for
Floridians in economic development with Representative Ziebarth's bill
to expand certain exemptions on farm equipment to help thousands of
small farmers in many of our rural counties. I see Representative Jim
Bush's bill that seeks to employ young adults eager to get a good start
in life.
My fellow Representatives, let me help you make this two years two
years of harmony: working together, helping each other, passing laws
that are right to rid ourselves of laws that are wrong. Let us push aside
anything about the author being a Republican, a Democrat, a liberal, a
conservative, a moderate, a chairman, a Speaker, or a freshman. Let's
just look at ideas, based on the idea, based on principle, based on fact.
I will tell you, if we'll do that, we're prepared to move on to a better
Florida.
You know what? Because, really, it's not who we are that matters.
But, it is the idea. And, I think if we can discuss ideas-not be afraid of
any idea. Let all the ideas come to the table. I think we'll have a better
Florida.
I extend that same hand to Representative Ritchie, a comrade, fellow
legislator, and a fellow leader. I appreciate him, and I intend to work
with him to bring about those same goals that we've just described here.
And Representative King, our Majority Leader, to him too who will be
working with our majority party. I appreciate him and the work he has
done and the leadership ability and the guy who can just plain cut a
deal. [laughter]

14

March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

I trust you will join me in bringing success to all the people of Florida
by working together.

I'd like to read one more time the commitment that I made to you.
And, I'm sending to you a signed commitment that I made at
Organization Session based on five little statements that I believe sum
up what I'd like to do for this House. And, that is, by you allowing me
to be Speaker, I would invest my time into your agenda in order to make
you successful. I'll not expect more of you than I am willing to do myself.
I'll give up my right to be in charge and become a servant to you and the
House of Representatives. And I'll major on my responsibilities as leader
and not on any expectations or rights I might think I deserve. And I will
do everything I can to earn the right to be heard, not demand it.

You want a mission statement? Someone handed me a mission
statement, which I adopted. And that's this. As I was looking through
different quotes of Dr. Martin Luther King, this one was probably the
best one I have ever seen. It says this and it is extended to every one of
you: "Everybody can be great because anybody can serve."

I want to serve you and be your servant as Speaker. And I know you
want to serve the people of Florida by being their Representative.

Thank you for today. Thank you for allowing this time. And, look
forward to the future. [applause]

Presentation of Former Members and Guests

Former Members of the House James K. "Jim" Brodie, Scott
McPherson, J. Bruce Hoffmann, Ron Saunders, Dixie Newton Sansom,
Darryl Reaves, and Congresswoman Carrie P. Meek, were introduced by
various current Members who also acknowledged the presence of
spouses in the galleries.

The Speaker introduced his wife, Sandy, children Victoria, John,
Elizabeth, Jordan, Brent, David, and his cousin, Todd Webster.

Announcement

Rep. Roberts-Burke informed the House of the unveiling ceremony of
the Dr. Martin Luther King, Jr., monument at 1:30 p.m. today, in the
Capitol Courtyard.

Recessed

On motion by Rep. Thrasher, the House recessed at 12:51 p.m., to
reconvene at 2:30 p.m. today.

Reconvened

The House was called to order by the Speaker at 2:30 p.m. A quorum
was present.

Daily Folder

General Calendar

By Representatives Thrasher and Crady-

HR 3-Org.-A resolution amending the Rules of the House of
Representatives.

Be It Resolved by the House of Representatives of the State of Florida:

That the Rules of the House of Representatives adopted at the
Organization Session, November 19, 1996, are amended as follows:

I. LEGISLATIVE ORGANIZATION

Section 1. Rule 1. is amended to read:

CHAPTER A. General Officers

1. The general officers of the Florida House of Representatives are
the following:

Speaker

Speaker pro tempore

Majority Leader

Minority Leader

Clerk

Sergeant at Arms

(a) The Speaker and Speaker pro tempore shall be elected by a
majority of the duly elected and certified qualified Mmembers of the
House. Each vote shall be recorded and, in the event a majority vote is
not received on any ballot, the Mniembers voting shall then ballot on the
two names receiving the highester number of votes on the first ballot.

(b) The Maiajority L4eader shall be selected by the Speaker and the
Mfftinority Lteader shall be selected by the Mftinority Ceonference.

(c) The Clerk shall be designated by the House of Representatives to
serve at its pleasure. The Clerk shall perform sueh duties as set forth by
the Speaker and these Rules.

(d) The Sergeant at Arms shall be appointed by the Speaker with the
advice and consent of the Mmembers and shall perform uech duties as
set forth by the Speaker and these Rules.

(e) The Speaker may appoint a member of the minority eenfcranee

ta osrfv na Minrity -4aanar pra tampered tC earry aut suei cluties as set

frth by the Speakr.

Section 2. Rule 2. is amended to read:

CHAPTER B. Political Parties

2. Political Parties-The political party with the greatest number of
Members who are registered voters of such party shall form the
Majority Conference. The political party with the second largest number
of Mmtembers who are registered voters of such party shall form the
Minority Conference.
Section 3. Rule 3. is amended to read:

3. Conference Rules-The members of each conference may adopt
rules to govern the affairs of that conference provided they are consistent
with. Howeve'r, cnfcre n.c rules shall not contradict or b contrary t
these Rfules.

Section 4. Rule 4. is amended to read:

CHAPTER C. Public Records

4. Legislative Records-There shall be available for public
inspection, whether maintained in Tallahassee or in a district office, the
papers and records developed and received in the course of legislative
business except as provided in s. 11.0431, Florida Statutes, or other
provision of law.

Section 5. Rule 5. is amended to read:

5. Legislative Records: Maintenance, Control, Destruction,
Disposal, and Disposition-

(a) The responsibility for maintaining eecimmittee legislative records
created by a committee or council shall be with the eemmittee secretary
of the parent committee or council for records created by a committee or
subeemmitti e or the employees of the House who are assigned to such
committee or council or -ubeemmittee. The committee secretary of the
committee or council shall maintain eueh records whieh-aee required by
these Rules to be created or which are of vital, permanent, or archival
value in a safe location that which is easily accessible for convenient use.
The eemmittoee secretary of the committee or council shall systematically
dispose of records no longer needed for any purpose by the committee or
council subeemmittee or employees of the House assigned to such
committee or council subeemmittee and which are not needed in the
transaction of current business and that do not have sufficient
administrative, legal, or fiscal significance to warrant their retention,
except for those records specifically required to be created pursuant to

March 4, 1997

15

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16 JOURNAL OF THE HOUSE

the Rules of the House of Representatives. A eemmittee secretary of the
committee or council need not retain any record specifically required to
be created pursuant to these Rules when the substance of the record is
published or retained in another form or location.
(b) The responsibility for maintaining legislative records which
relate to the legislative business of the House of Representatives, other
than committee legislative records and the records of the Office of the
Speaker, Office of the Speaker pro tempore, Majority Office, Minority
Office, and Sergeant at Arms' Office, shall be with the Clerk. The Clerk
shall maintain eteh records whieh iare required by these Rules to be
created or which are of vital, permanent, or archival value in a safe
location which is easily accessible for convenient use. The Clerk shall
systematically dispose of records no longer needed for any purpose by
the House, the Clerk, a committee, a subcommittee or employees of the
House assigned to a committee or ubteemmittee and which are not
needed in the transaction of current business and that do not have
sufficient administrative, legal, or fiscal significance to warrant their
retention, except for those records specifically required to be created
pursuant to the Rules of the House of Representatives. The Clerk need
not retain any record specifically required to be created by these Rules
when the substance of the record is published or retained in another
form or location.

(c) The responsibility for maintaining the legislative records of the
Office of the Speaker, Office of the Speaker pro tempore, Majority Office,
Minority Office, and the Sergeant at Arms' Office shall be with the
Speaker, Speaker pro tempore, Majority Leader, Minority Leader, or
Sergeant at Arms, respectively. The Speaker, Speaker pro tempore,
Majority Leader, Minority Leader, and Sergeant at Arms shall maintain
such records which are required by these Rules to be created or which
are of vital, permanent, or archival value in a safe location which is
easily accessible for convenient use. The Speaker, Speaker pro tempore,
Majority Leader, Minority Leader, and Sergeant at Arms shall
systematically dispose of records no longer needed for any purpose by
the House, the Clerk, a committee, a. -ubeemmittee or employees of the
House assigned to such office; or a committee er useboemmittee and
which are not needed in the transaction of current business and that do
not have sufficient administrative, legal, or fiscal significance to
warrant their retention, except for those records specifically required to
be created pursuant to the Rules of the House of Representatives. The
Speaker, Speaker pro tempore, Majority Leader, Minority Leader, and
Sergeant at Arms need not retain any record specifically required by
these Rules to be created when the substance of the record is published
or retained in another form or location.
(d) The responsibility for maintaining legislative records of a district
office shall be with the Member representing the district for records
created by the Member or the employees of the House who are assigned
to the Member. The Member shall maintain sueh records whieh-ar-e
required by these Rules to be created or which are of vital, permanent,
or archival value in a safe location which is easily accessible for
convenient use. The Member shall systematically dispose of records no
longer needed for any purpose by the Member, district office, or
employees of the House assigned to the Member and which are not
needed in the transaction of current business and that do not have
sufficient administrative, legal, or fiscal significance to warrant their
retention, except for those records specifically required to be created
pursuant to the Rules of the House of Representatives. A Member need
not retain any record specifically required to be created pursuant to
these Rules when the substance of the record is published or retained in
another form or location.

(e) Whenever the Speaker, Speaker pro tempore, Majority Leader,
Minority Leader, or other Member has custody of any legislative record,
the Member shall, at the expiration of the term of office, deliver to the
successor in office or, if there be none, to the Clerk, all legislative records
maintained in the transaction of official business. Whenever a standing
or select committee or A4ubAmmitt** is abolished or expires, the
legislative records maintained on behalf of such standing or select
committee er subeeommitte shall be transferred by the committee
secretary to the committee secretary of the standing or select committee
er Pubeemmittee directed by the Speaker to assume the jurisdiction of

________ __ ___ ___

E

SOF REPRESENTATIVES March 4, 1997

the former committee. If no committee is to assume the jurisdiction of
the former committee, the committee secretary shall transfer the
legislative records kept or received on behalf of the standing or select
committee or ueebmmittee to the Clerk for appropriate disposition.

(f) Whenever necessary, but no more often than annually nor less
often than biennially, the Speaker, Speaker pro tempore, Majority
Leader, Minority Leader, and Clerk, and each committee secretary, may
transfer such legislative records which are required by these Rules to be
created, which are of vital, permanent, or archival value, which are not
needed in the transaction of current business, or which have sufficient
administrative, legal, or fiscal significance to warrant their retention, to
the Legislative Library Division of the Joint Legislative Management
Committee for transfer to the Division of Library and Information
Services of the Department of State for retention in accordance with
law.

(g) The Clerk, with the approval of the Speaker, shall establish a
schedule of reasonable and appropriate fees for copies of legislative
records and documents; except there shall be no charge for a single copy
of any individual, separately obtained bill, other than a general
appropriations bill, or staff analysis or other record required by these
Rules to be created. Such schedule shall be based upon the actual cost
of duplication of the record and shall include the material and supplies
used to duplicate the record but not the labor cost or overhead cost
associated with such duplication. If the nature or cost of records
requested to be inspected, examined, or copied is such as to require
extensive use of information technology resources or extensive clerical
or supervisory assistance by employees of the House, or both, the Clerk
may impose a special service charge in addition to the actual cost of
duplication. Such a special service charge shall be based on the cost
incurred for the extensive use of information technology resources or the
labor cost of employees providing the service that is actually incurred by
the House or attributable to the House for the clerical and supervisory
assistance required, or both.
Section 6. Rule 6. is amended to read:

II. DUTIES AND RIGHTS OF THE SPEAKER

CHAPTER A. Duties as Presiding Officer

6. Speaker to Enforce Rules-The Speaker shall enforce, apply, and
interpret the Rrules of the House in all deliberations.
Section 7. Rule 7. is amended to read:

7. Speaker to Bring Business Before the House-The Speaker shall
lay all business before the House iste buinese, set the daily folder, and
reserve time for the committee meetings in compliance with these Rules
and shell receive motions made by Mmembers and put them to the
House.

Section 8. Rule 8. is amended to read:

8. Speaker to Refer Legislation to Committee-The Speaker shall
make all bill referrals to committee or to a Calendar, except as elsewhere
provided in these Rules All proposed l-gilation shlRl be r efrred by the
Spakelr, pursuant to Rulz 102 an.d 103, to apprpriate tanrdinrg r
sclet eammittzzz.
Section 9. Rule 9. is amended to read:

9. Preservation of Order and Decorum-The Speaker shall preserve
order and decorum. In case of disturbance or disorderly conduct in the
galleries or in the lobby, the Speaker may order that these areas be
cleared. No signs, placards, or other objects of similar nature shall be
permitted in the rooms, lobby, gallery, or Cehamber of the House unless
approved by the Speaker. The Speaker shall see that the Mmembers of
the- Huee conduct themselves in a civil manner in accordance with
accepted standards of parliamentary conduct and may, when necessary,
order the Sergeant at Arms to clear the aisles and seat the Mmembers
of the House so that business may be conducted in an orderly manner.
Section 10. Rule 10. is amended to read:

JOURNAL OF THE HOUSE

10. Recognition of Gallery Visitors-On written request by ef a
Mmiember, the Speaker may recognize or permit the Member to recognize
persons in the gallery. The Speaker shall afford that recognition at a
convenient place in the order of business, considering the need for order
and decorum and the need for continuity of debate. The request must be
made on a form prescribed by the Committee on Rules, & Resolutions,
& Ethics. The Speaker may recognize, at a time he or she considers
appropriate during floor proceedings, the person serving as Pphysician
of the Dday.
Section 11. Rule 11. is amended to read:
11. Questions of Order-The Speaker shall decide en all questions of
order; however, such decisions are subject to an appeal to the House
made by any five & Minembers. The Speaker may require the Member
raising a point of order to cite the rule or other authority in support of the
question. The Speaker may immediately put the question of appeal or
refer the appeal to the Rules, & Resolutions, & Ethics Committee for a
recommendation to the House. No Mmiember shall speak more than once
on an appeal unless given leave by a majority of the House. When an
appeal is pending, Nno motion shall be in order, pending an appeal,
except a motion to adjourn, a motion to lay on the table, a motion for the
previous question, a motion to temporarily postpone, or a mttin for a
quorum call. Responses to parliamentary inquiries and decisions of
recognition made by the Cehair may not be appealed.
Section 12. Rule 12. is amended to read:
12. Appointment of Temporary Chair-The Speaker may appoint
any Mmiember to perform the duties of presiding officer for a temporary
period of time. If the Speaker is absent and no appointment has been
made, the Speaker pro tempore shall act during the Speaker's absence.
Section 13. Rule 13. is not amended:
13. House Employees Serve at the Pleasure of the Speaker-The
Speaker shall employ all employees of the House and shall determine
their qualifications, hours of work, and compensation, including
perquisites and other benefits. All employees serve at the pleasure of the
Speaker. The Speaker has the right to dismiss any employee of the
House and the pay of such employee shall stop on the designated day of
dismissal.
Section 14. Rule 14. is amended to read:
14. The Speaker to Sign-The Speaker shall sign all acts, joint
resolutions, concurrent resolutions, resolutions, memorials, writs,
subpoenas, vouchers for expenditures chargeable to the House, contracts
binding on the House, or other papers issued by the House. The Speaker
may authorize counsel to initiate, defend, intervene in, or otherwise
participate in any suit on behalf of the House, a committee of the House,
a Mfiember of the House (whether in the legal capacity of Mmember or
taxpayer), a former Mmember of the House, or an officer or employee of
the House; when such suit is determined by the Speaker to be of
significant interest to the House and the Speaker believes that the
interest of the House would not be otherwise adequately represented.
Expenses incurred for legal services in such proceedings may be paid
upon approval of the Speaker.
Section 15. Rule 15. is amended to read:
15. The Speaker's Vote-The Speaker shall not be required to vote
in legislative proceedings other than on final passage of a bill, except
where the Speaker's vote would be decisive. In all yea and nay votes, the
Speaker's name shall be called last. The Speaker shall follow the same
conflict of interest rules as any other Mmember.
Section 16. Rule 16. is amended to read:
CHAPTER B. Administrative Duties
16. Control Over Chamber-The Speaker shall have general control
of the Cehamber of the House, its lobbies, galleries, corridors, and
passages, and other rooms in those parts of the Capitol assigned to the
use of the House; except that the Cehamber of the House shall not be
used for any meeting other than legislative meetings unless specifically
authorized by the Speaker.

OF REPRESENTATIVES 17

Section 17. Rule 17. is amended to read:

17. Standing Committee and & Council Appointments-The
Speaker shall designate the chair, vice chair and any co-chairs he deems
necessary for of each House committee. Should the need arise, the
Speaker may appoint a temporary chair for a committee or council. He
and shall also appoint the remaining membership of each committee.
The Speaker shall also appoint the Chair of each cGouncil and the
Steering and Liaison Member. The Speaker shall give notice of such
establishment and appointment in writing to the Clerk of the House for
publication in an Interim Calendar and the Session Journal.

Section 18. Rule 18. is amended to read:

18. Appointment of Select and Conference Committees-The
Speaker shall appoint all conference committees. The Speaker shall
name the House chair of each conference committee, and may also name
the House vice chair thereof, except that the Chair of the Fiscal
Responsibility Council shall be the House Chair of the Conference
Committee for a the General Appropriations Bbill hall be the Chair of
the Fieacl Rooponoibility Council.
The Speaker may at any time by proclamation create a select
committee and The-Speaker shall name the chair and vice chair
thereof. A select committee has the jurisdiction, authority, and duties
and exists for the period of time specified in the proclamation. A select
committee has the powers granted by these Rrules to a standing
committee except as limited by the proclamation. A copy of each
proclamation creating a select committee shall be filed with the Clerk.
Section 19. Rule 19. is amended to read:
19. Interim Studies-When the Legislature is not in session, the
Speaker may ohall havo tho authority to direct committees to perform
make interim studies fer ouch purpose an tho Speaker may dooegnate,
and the committees shall meet as often as necessary to transact
effectively the business assigned to them. The Speaker shall provide to
the Clerk a copy of interim study assignments ehargee made to a
standing or select committee.
Section 20. Rule 20. is amended to read:
III. RULES
20. Initial aAdoption of House Standing Rules-The initial adoption
of the House Standing Rules shall require an affirmative reeerded vote
of a majority the present and voting Momboro. When Oence adopted, the
House Standing Rules shall remain in effect, unless suspended or
amended as provided in these Rrules.
Section 21. Rule 21. is amended to read:

21. Suspension of Rules-Any standing rule of the House, except
Rule 22, may be suspended temporarily by a two-thirds vote of the House
of two third of the mmbero proont and vo..ting;, provided; that the
temporary suspension shall apply only to the matter under immediate
consideration, and in no case shall it extend beyond on adjournment of
a session day.

Section 22. Rule 22. is amended to read:

22. Amending House Standing Rules-No standing Rrule of the
House shall be amended except by a report recommended reeelution
passed by the Rules, & Resolutions, & Ethics Committee and adopted by
a majority vote of the House n- -ffirmativ roorol vote of a majority
of the procont and voting Memboro. A report of the Committee on Rules,
Resolutions, & Ethics proposing amendments to these Rules shall always
be in order.
Section 23. Rule 23. is amended to read:
23. Mason's Manual of Legislative Procedure-In all cases not
provided for by the Florida Constitution, by the House Rrules, or by the
joint rules of the Senate and House, er by statute, the authority shall be
the latest edition of Mason's Manual of Legislative Procedure.
Section 24. Rule 24. is amended to read:

March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

IV. MEMBERS

24. Members Shall Vote; Disclosure of Interest and Disqualification
from Voting-

(a) Every Member shall be within the House Chamber during its
sittings unless excused or necessarily prevented, and shall vote on each
question put, except that no Member shall be permitted to vote on any
measure which the Member knows or believes would inure to the
Member's special private gain.
(b) A Member of the House, when voting on any measure which the
Member knows or believes would inure to the special private gain of a
family member of the Member, or to the special private gain of any
principal by whom the Member or a family member of the Member is
retained or employed, shall disclose the nature of the interest of such
person in the outcome of the vote. Disclosure shall be done in a timely
manner by filing a memorandum with the Clerk of the House which
shall be aad printed in the Journal if a the vote is to-be taken on the
floor. If the vote is in a committee or sube'mmittee, the memorandum
shall be filed with the committee secretary, who shall attach such
memorandum to the committee report. For the purpose of this Rule,
family members shall include the Member's spouse, parents, and
children.
Section 25. Rule 25. is amended to read:
25. Excused Absence-Upon written request, tThe Speaker may, by
written notice to the Clerk er upon written request, excuse any Member
from attendance on the House for any stated period, and such excused
absence shall be noted on the Journal.
Section 26. Rule 26. is amended to read:

26. Possession of Bills-No Member or any other person shall take
possession of an original bill, after filing, with the intention of depriving
the Legislature of its availability for consideration. The responsibility
for the safekeeping of original filed bills shall vest in the Clerk of the
House or, after being committed to a committee, in the committee chair.
The committee chair may authorize a staff member to sign for receipt of
bills.
Section 27. Rule 27. is amended to read:
27. Members Deemed Present Unless Excused; Failure to Answer
Roll Call-
(a) Any Member, having answered roll call (taken either orally or by
electronic means the voting machine) at the opening of any daily session,
or who enters after the initial quorum rell call and informs the Clerk of
the Member's presence, shall thereafter be deemed as present unless
leave of absence is obtained from the Speaker.

(b) Any Member who is present and fails or refuses to record on a roll
call after being requested to do so by the Speaker shall be recorded as
present by the Speaker and shall be counted for the purpose of making
a quorum.
Section 28. Rule 28. is amended to read:
28. Legislative Ethics and Official Conduct-Legislative office is a
trust to be performed with integrity in the public interest. A Member of
the House is jealous of the confidence placed in the Member by the other
Members and by the people. By personal example and by admonition to
colleagues whose behavior may threaten the honor of the lawmaking
body, the Member shall watchfully guard the responsibility of office and
the responsibilities and duties placed on the Member by the House. To
this end, each Member of the House shall be accountable to the House
for violations of this Rule or any provision of the House Code of Conduct
contained in Rules 28 through 35 34.
Section 29. Rule 29. is not amended:
29. The Integrity of the House-A Member shall respect and comply
with the law and shall perform at all times in a manner that promotes
public confidence in the integrity and independence of the House and of
the Legislature. Each Member shall perform at all times in a manner

that promotes a professional environment in the House, free from
discrimination.
Section 30. Rule 30. is amended to read:
30. Improper Influence; Solicitation of Campaign Contributions-

(a) A Member of the House shall accept nothing which reasonably
may be construed to improperly influence the Member's official act,
decision or vote.

(b) A Member of the House shall neither solicit nor accept any
campaign contribution during the 60-day sity day regular legislative
session on the Member's own behalf or on behalf of a political party or
on behalf of a candidate for the House of Representatives; however, a
Member may contribute to the Member's own campaign.
Section 31. Rule 31. is not amended:
31. Ethics; Conflicting Employment-A Member of the House shall:

(a) Scrupulously comply with the requirements of all laws related to
the ethics of public officers.

(b) Not allow personal employment to impair the Member's
independence of judgment in the exercise of official duties.
(c) Not directly or indirectly receive or agree to receive any
compensation for any services rendered or to be rendered either by the
Member or another when such activity is in substantial conflict with the
duties of a Member of the House.
Section 32. Rule 32. is not amended:

32. Use of Official Position-A Member shall not corruptly use or
attempt to use the Member's official position in a manner contrary to the
trust or authority placed in the Member either by the public or by other
Members, for the purpose of securing a special privilege, benefit, or
exemption for the Member or for others.
Section 33. Rule 33. is not amended:

33. Use of Information Obtained by Reason of Official Position-A
Member may engage in business and professional activity in
competition with others, but shall not use, or provide to others, any
information obtained by reason of the Member's official capacity as a
Member, unavailable to members of the public as a matter of law, for the
Member's personal gain or benefit or for the personal gain or benefit of
any other person or business entity.
Section 34. Rule 34. is amended to read:
34. Members to Advise Legislative Employees of House
Requirements-Each Member of the House shall be responsible for
calling the regulations, policies, and procedures approved by the
Speaker relating to legislative staff and the Rules of the House relating
to legislative staff to the attention of any staff for which the Member is
directly responsible. A Member shall not engage, or permit another to
engage, in conduct which the Member knows or should have known to
be harmful to a professional environment in the workplace, free from
employment discrimination. A professional environment in the
workplace, free from employment discrimination, is one in which there
is compliance with state and federal law and the regulations, policies,
and procedures relating to employment discrimination approved by the
Speaker in zffcct on the date of adoption of this Rule.
Section 35. Rule 35. is amended to read:

35. Representation of Another Before a State Agency-No Mmember
shall personally represent another person or entity for compensation
before any state agency other than a judicial tribunal. For the purposes
of this Rule, "sState agency" means an entity of the legislative, or
executive er judicial branch of state government over which the
Legislature exercises plenary budgetary and statutory control.
Section 36. Rule 36. is amended to read:
36. Advisory Opinions-A Member of the House, when in doubt
about the applicability and interpretation of these Rules with respect to

March 4, 1997

18

JOURNAL OF THE HOUSE OF REPRESENTATIVES

legislative ethics and Member conduct in a particular context, may
convey eemmunicate the facts of the situation to the House general
counsel for an advisory opinion. The general counsel shall issue the
opinion within ten days after receiving the request. The advisory
opinion may be relied upon by the Member requesting the opinion. Upon
request of any Member, the committee designated by the Speaker to
have responsibility for the ethical conduct of Members may revise an
advisory opinion rendered by the House general counsel through an
advisory opinion issued to the Member who requested the opinion.

interpretation. cfthi Rulz in a particular cCntet, may submit in writing
the fenbt of the Situ :atin to the Speakcr, who shall refer the issuc to a
committee designated by the Speaker to have responsibility fr_ the
ethical Ponduet of M mbers with a request fCr an advi--ry opinion to
establish the standard of public duty.

An advisory opinion rendered by the House general counsel or
committee shall be numbered, dated, and published by the Clerk in an
annual publication of the House. Advisory opinions from the House
general counsel or the committee shall not identify the Member of the
House seeking the opinion unless such Member so requests.
Section 37. Rule 37. is not amended:
37. Felony Indictment or Information of Member-
(a) If an indictment or information for a felony, which relates to the
Member's responsibility as a public officer, is filed against a Member of
the House, the Member indicted or informed against may request the
Speaker to excuse the Member, without pay, from all privileges of
membership of the House pending final adjudication.

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

Section 38. Rule 38. is not amended:

38. Felony Guilty Plea of a Member-A Member who enters a plea
of guilty or nolo contender (no contest) to a felony, which relates to the
Member's responsibility as a public officer, shall be suspended
immediately, without a hearing, without pay, from all privileges of
membership of the House through the remainder of that Member's term.

Section 39. Rule 39. is amended to read:
39. Felony Conviction of a Member-A Member convicted of a felony,
which relates to the Member's responsibility roopense ability as a public
officer, shall be suspended immediately, without a hearing, without pay,
from all privileges of membership of the House pending appellate action
or the end of that Member's term, whichever occurs first. If the final
appellate decision is to sustain the conviction on a felony, which relates
to the Member's responsibility as a public officer, then that Member's
suspension shall continue to the end of that Member's term; if the final
appellate decision is to vacate the conviction and there is a rehearing,
the Member shall be subject to Rule 37; if the final appellate decision is
to vacate the conviction and no felony charges, which relate to the
Member's responsibility as a public officer; remain against that
Member, that Member shall be entitled to restitution of back pay and
other benefits retroactive to the date of suspension.

Section 40. Rule 40. is amended to read:

40. Open Meetings-Subject to order and decorum, each Member of
the House shall provide reasonable access to members of the public to
any meeting between such Member and two or more other Members of
the House or of the Senate, if such members of the public have requested
admission and such meeting has been prearranged for the purpose of
agreeing to take formal legislative action on pending legislation or
amendments at such meeting or at a subsequent time. No such meeting
shall be conducted in the Members' Lounge or at any location which is
closed to all members of the public. No such meeting shall be conducted

at any location which the Member knows to prohibit admission on the
basis of race, religion, gender, national origin, physical handicap, or
similar classification.
Meetings conducted in the Cehambers of either the House or the
Senate while such body is in session shall be considered to be held at a
location providing reasonable access to, and to be reasonably open to,
the public. Where the number of persons must be limited because of
space considerations or otherwise for the maintenance of order or
decorum, at least one representative each of the print media, radio, and
television shall be included among the members of the public admitted,
if such persons have requested admission.
For the purpose of this Rule, and as used in Article III, Section 4, of
the State Constitution, legislation shall be considered pending if filed
with the Clerk of the House and an amendment shall be considered
pending if it has been delivered to the secretary of a committee in which
the legislation is pending or to the Clerk of the House, if the amendment
is to a bill which has been reported favorably by each committee of
reference and the term "formal legislative action" shall include any vote
of the House or Senate, or of a committee, er subeemmittee on final
passage or on a motion other than a motion to adjourn or recess.
Section 41. Rule 41. is amended to read:
V. DUTIES OF THE CLERK, SERGEANTATARMS, CHAPLAIN,
AND EMPLOYEES

UHitxim -4. Duties Ut tmpwyees Oft The i-buz

41. Clerk-The Celerk shall:

(a) Be the custodian of all bills and resolutions;
(b) Number in the order of their filing, with an odd-number
sequence, all bills, joint resolutions, concurrent resolutions, memorials,
and House resolutions;
(c) Provide for the keeping of a complete record of introduction and
action on all bills and resolutions, including the number, author, brief
description of the subject matter, committee reference, and the time
sequence of action taken on all bills and resolutions to reflect at all times
their status in the legislative process;

(d) Forward to committee chair a-eopy of each measure legislative
document referred to a committee along with eopies-of all official
attachments thereto to the document;
(e) The C-lrke hall Kheep a correct journal of proceedings of the
House.-eand-this The journal shall be numbered serially and published
from the first day of each session of the LAegislature.
(1) All amendments taken up, unless withdrawn, shall be printed in
the Journal except that an amendment to a general appropriations bill
constituting an entirely new bill shall not be printed until the filing of the
conference committee report.

(2) Any motion to spread remarks upon the Journal, except those of
the Governor and Speaker, shall be referred to the Committee on Rules,
Resolutions, & Ethics for recommendation before being put to the House.
(f) The Crlerk ohll Kheep open the Oeffice of the Celerk during and
between sessions of the LAegislature.

(g) Superintend the engrossing, enrolling, and transmitting of bills,
resolutions, and memorials.

(h) Shall not permit any records or papers belonging to the House to
be taken out of the Clerk's custody other than in the regular course of
business and only then upon receipt. All such records in the custody of the
Clerk shall be available for public inspection.
(i) Shall report any missing papers to the Speaker.
(j) Prepare Daily and Interim Calendars necessary to provide public
notice of consideration of bills by the House and its committees.
(k) Prepare the copy for all printed forms used by the House in the
process of considering legislation. The Clerk shall have the responsibility

March 4, 1997

19

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

for distribution of documents required by these Rules to be originated in
the Office of the Clerk.

(1) Examine bills upon their tender for introduction to determine
whether facially these meet the requirements of the Constitution for the
presence of the enacting or resolving clause or provision in local bills,
including local claim bills, for advertising or for referendum; but beyond
calling an apparent defect to the attention of the sponsor, the obligation
of the Clerk shall end.

It shall be a ministerial duty of the Clerk to attest to all writs, issued
by order of the House, and to the passage of all bills.

Section 42. Rule 42. is amended to read:

42. Sergeant at Arms-The Sergeant at of Arms shall:

(a) Attend the House during its sittings- and maintain order under
the direction of the Speaker or Mmember performing the duties of the
Cehair;-

(b) Ensure that no person is admitted to the House Cehamber except
in accordance with provisions of these Riules;T

(c) Execute all commands of the Speaker;-

(d) Be the custodian of furniture, books, and property of the House,
and shall, annually, take an inventory of all property under the Sergeant
at Arms' charge.

(e)() Perform all other duties pertaining to his or her office as
prescribed preeribed by law or by rule of the House;- and

(f)(5e Be under the direct supervision of the Speaker.
Section 43. Rule 43. is amended to read:

43. Chaplain tTo Offer Prayer-A chaplain shall attend at the
beginning of each day's sitting of the House and open the same with
prayer. In the absence of a chaplain, the Speaker may designate
someone else to offer prayer.

Section 44. Rule 44. is created to read:

Rule 44. Employees Forbidden to Lobby; Restriction on Employee
Campaign Activities-

(a) No employee of the House shall, directly or indirectly, be
interested or concerned with the passage or consideration of any bill
except duly authorized members of the staff designated in writing by a
Member of the House with authority over the designated staff member.
If any employee exhibits an improper interest or concern with any bill it
shall be grounds for dismissal. This provision shall not prohibit a
Member's assigned district staff, at the Member's direction, from
representing the Member's views on issues in which the Member has an
interest.

(b) Employees shall not engage in campaign activities during regular
work hours, except when on approved leave, and shall neither hold, nor
be a candidate for public office other than a political party executive
committee office while in the employ of the House of Representatives.

Section 45. Rule 44. is renumbered and amended to read:

VI. ORGANIZATION OF COMMITTEES AND COUNCILS

STANDING COMMITTEES AND COUNCILS

45 44. Standing Committees-Thirty-seven Thirt4yfive standing
committees of the House are hereby created. Each committee shall be
placed in one of seven eim councils as follows:

The Government Services Council shall consist of the following
substantive standing committees:

1. Elder Affairs & Long Term Care

2. Health Care Standards & Regulatory Reform

3. Health Care Services

4. Children & Family Empowerment
The Academic Excellence Council shall consist of the following
substantive standing committees:
1. Education Innovation
2. Education/K-12

3. Colleges & Universities
4. Community Colleges & Career Prep

The Economic Impact Council shall consist of the following
substantive standing committees:

1. Business Development & International Trade
2. Transportation
3. Financial Services

4. Regulated Services

5. Business Regulation & Consumer Affairs

6. Utilities & Communications

7. Tourism

The Justice Council shall consist of the following substantive standing
committees:
1. Corrections
2. Crime & Punishment

3. Law Enforcement & Public Safety
4. Juvenile Justice

5. Civil Justice & Claims

6. Real Property & Probate
7. Family Law & Children

The Governmental Responsibility Council shall consist of the
following substantive standing committees:
1. Governmental Operations

2. Governmental Rules & Regulations
3. Environmental Protection

4. Water & Resource Management
5. Community Affairs

6. Agriculture

7. Election Reform

The Fiscal Responsibility Council shall consist of the following fiscal
standing committees:
1. Criminal Justice Appropriations
2. Education Appropriations
3. General Government Appropriations
4. Health & Human Services Appropriations

5. Transportation & Economic Development Appropriations
6. Finance & Taxation

The In addition, there shall bc a Procedural Council which shall
consist of the statutory joint committees and the following standing
committees:

20

March 4, 1997

JOURNAL OF THE HOUSI

1. Rules, Resolutions, & Ethics
2. Reapportionment
-Joint CAmmittAoo
Section 46. Rule 45. is renumbered and amended to read:

46 46. Councils-Except for the Procedural Council, each cGouncil
as set forth in Rule 45 44 shall consist of a Cehair, the Steering and
Liaison Member, and the Cehair and Vvice Cehair of each of the
standing committees within the council assigned to the greup.
(a) Except as provided in paragraph (b) and (g), during a legislative
session, the council whose jurisdiction includes the committee
introducing the bill or to which a Member bill was first referred shall
rank, in order of importance, each bill favorably reported out of all
committees to which the bill was referred. The councils shall report such
ranking to the Speaker and the Clerk. Such report shall constitute the
ranked calendar of the reporting council. The Councfilo hall rank cach
Af the bills upon referral in order of importance tc thC HAuza and Ahall
frw..ard ouch ranking to the Speaker. As the Council is apprised of
additional reports, rankings may be amended accordingly. The ranking
hall be amandad go the oeunoil raaaives additional report at least once
aaah caAlndar ;wAAk and no mArc than twicA in a calendar Vwa;ck.

(b) Councils may refer return bills available for ranking to a the
appropriate standing committee within that council with a request for
further consideration including, but not limited to, combining two or
more bills into a committee substitute.
(c) Councils may by a --aj--ity vAtA of thA^ A MPmb^ro prant and
voting, designate certain bills available for extended voting. When a
fleer vote on final passage is taken on a bill designated for extended
voting, the voting machine shall remain open for up to five 6 minutes,
during which time- Members may vote at any time within the 6 minutco
and no other business may be considered.
(d) During the first 45 days of a regular session, prior notice shall be
given six hours in advance of a council meeting. After the 45th calendar
day and during any extended or special session, notice shall be given at
least two hours in advance of a proposed meeting.

(e) Council reports shall be delivered to the Clerk of the House at a
designated place in the Office of the Clerk no later than 4:30 p.m. of a
legislative day.

(f) Procedural Council.
(1) Membership. The Procedural Council shall consist of a Chair,
the Steering and Liaison Member, the Chairs and Vice Chairs of the
standing committees within the Council, and any House Members
serving as chair of a statutory joint committee.

(2) Responsibilities. The Procedural Council shall assist and advise
the Speaker in the development and coordination of overall policy and
oversight of the management of the House and statutory joint committees.
Except for the Local, Consent, and Ceremonial Resolutions Calendars,
the Procedural Council shall rank bills, resolutions, and joint resolutions
on the Procedural Calendar which have been reported from committees
within the Council. The consideration and ranking of such bills and
resolutions shall be in accordance with the general provisions of this
Rule.

(g) Local bills shall not be required to be ranked, except as provided
in Rule 131(f).
(h) Bills on Unfinished Business that are within a council's
jurisdiction may be included in a council's ranked list or on third reading
as appropriate.
Section 47. Rule 46. is renumbered and amended to read:
VII. ORGANIZATION, POWERS, AND DUTIES OF
COMMITTEES
CHAPTER A. Organization

March 4, 1997

OF REPRESENTATIVES 21

47 46. Powers of the Chair; Appointment Determination of Members
mefmberehip-
(a) Membership on the standing committees shall be determined by
the Speaker prior to at the convening beginning of each regular session.
The Speaker shall deoignate the Chair and Vice Chair from the total
momborohip of the comm:ittc.

(b) The committee or council chair shall sign all notices, vouchers,
subpoenas as provided under Rule 79, or reports required or permitted
by these Rules. Except as otherwise provided in these Rules, the chair has
all authority necessary to ensure an efficient operation of the committee
or council, including, but not limited to: presiding over the committee or
council; establishing the agenda for the committee or council; deciding
all questions of order; and determining the order in which matters are
considered in committee or council.

(c) Questions of order are subject to an appeal by any committee or
council member, and the appeal shall be certified by the chair to the
House for a decision by the Speaker during the daily session of the House
next following such certification. The ruling shall be entered in the
Journal and shall be subject to appeal as any other question. The chair
may, or on the vote of a majority of the committee or council members
shall, certify a question of parliamentary procedure to the Speaker as
contemplated by the Rule without a formal appeal. Such a certified
question shall be disposed of by the Speaker as if it had been on appeal.
The certification ofan appeal or of a question ofparliamentary procedure
pursuant to this Rule shall not constitute an automatic stay to further
legislative action on the measure under consideration.
Section 48. Rule 47. is renumbered but not amended:

48 47. Vacancies on Standing Committees-Should a vacancy occur
on a standing committee subsequent to its organization, the Speaker
shall appoint an eligible member to fill the vacancy.
Section 49. Rule 48. is renumbered and amended to read:
49 48. Ex Officio Members-The Speaker may designate the
Speaker pro tempore or the Majority Leader as an ex officio, voting
member of any standing committee. Alternatively Ae aR alternative, the
Speaker may designate the cGouncil cGhair as an ex officio voting
member of any committee within that cGouncil. No standing committee
may have more than one ex officio member voting at any one time. For
the purpose of a quorum, an ex officio member shall not be included in
the membership of a committee.
Section 50. Rule 49. is renumbered and amended to read:
50 48. Meetings of Standing and Select Committees-Standing and
select committees shall meet at the call of the chairman or, in his
absence, the vice chairfmanf or temporary presiding officer within the
dates and times reserved by the Speaker n thea Calendar.

Section 51. Rule 50. is renumbered but not amended:

51 60. Notice to the Public-Committees shall regularly meet in the
room assigned for their use by the Sergeant at Arms, and notice of such
assignment shall be posted.
Section 52. Rule 51. is renumbered and amended to read:
52 6. Time for Evening Meetings-A The eemmittee chairman may
arrange with the Sergeant at Arms for evening or other special meeting;
provided, however, that no committee or council meeting shall begin
before 8:00 a.m. or last beyond 6:00 p.m. unless granted special leave by
the Speaker to do so.

Section 53. Rule 52. is renumbered and amended to read:

53 62. Committees Meeting During House Session-No committee
shall meet while the House is in session without special leave, except the
Committee on Rules, & Resolutions, & Ethics and conference
committees.
Section 54. Rule 53. is renumbered and amended to read:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

54 63. Consideration of Bills, Including Proposed Committee Bills-
The chairman or, in his absence, the vice chairman or temporary
presiding officer; of any standing committee or a oelot oommitteo which
the Houoao hao clothed with the power of a otonding committee, oeoopt
eenfcronoo oommitteo, shall give prior notice in writing of the intention
to take up any bill or proposed bill.

Proposed committee bills (PCB's) shall be treated as other bills in
meeting the requirements for notice. (See: Rules 55, 56, 57 54, 65, 66)
The committee secretary shall provide a copy of any PCB to each
committee member no later than the time of posting of notice/agenda
and make copies of PCBs available upon request to other mMembers of
the Legislature and to the general public. Delivery to committee
members shall be by mail or by other appropriate electronic means;
during the interim, and to House offices when the House is in session.
A PCB taken up without the committee conforming to this Rule shall be
regarded as being considered in workshop session only with final action
carried over to a future meeting of the committee at which the above
stated requirements have been met. Proposed committee substitutes
shall meet the Thee-eame notice requirements that apply to PCBs weld
bo applicable to a oubotitutc PoB.

Section 55. Rule 54. is renumbered and amended to read:

55 64. Time Required for Advance Notice-During the first 45 foerty-
five calendar days of a regular session, prior notice shall be given four
five-calendar days (excluding Saturday and Sunday) in advance of a
committee the meeting for the purpose of considering legislation. If the
notice is given by 4:30 p.m. to the Sergeant at Arms and the Clerk, a bill
or proposed bill may be heard at any time on the fourth fifth succeeding
day. After the 45th ferty fifth calendar day and during any extended or
special session, the notice shall be given at least 24 twenty fear hours
in advance of the proposed meeting. Except when sitting as a committee
considering the substance of legislation, the Committee on Rules,
Resolutions, & Ethics shall be exempt from this requirement.

Ifa committee is approved and scheduled for a meeting by the Speaker,
yet no meeting is planned, a notice stating that no meeting is to be held
shall be filed.
Section 56. Rule 55. is renumbered and amended to read:
56 65. Nature and Distribution of Notice-A notice shall include a
listing and sufficient title for identification of any and all bills or
proposed bills to be considered by a committee including those pending
on reconsideration.

A notice shall state the date, time, and place of a meeting and be given
to the Clerk of the House, the Sergeant at Arms, the sponsor, the
members of the committee, and any Member who has given the
chairman timely written notice of his desire to be notified on a specific
bill. The Sergeant at Arms, in receiving notices-, shall show the day and
hour of received on a receipt.
Whenever timely, the Clerk shall enter notices in the Calendar of the
House.
Section 57. Rule 56. is renumbered and amended to read:

5756. Notices of Meetings Between Sessions-Before any committee
holds a meeting for the purpose of considering a profiled bill or proposed
committee bill (PCB) during the period when the Legislature is not in
is session, a notice of such meeting shall be filed with the Clerk and the
Sergeant at Arms no later than 14 fourteen calendar days before the
Friday preceding the week of the meeting. If a committee is approved
and scheduled for a meeting by the Speaker, yet no meeting is planned,
a notice stating that no meeting is to be held shall be filed. The committee
secretary separately shall send copies of the notice to the members of the
committee, the first-named first -amsed sponsor of the bill, and to such
other sponsors and others pereene who have requested notice. This
notice shall state the date, time, and place of meeting, bill number, and
sufficient title for identification. Whenever timely, the Clerk shall enter
such notices in an interim calendar. When two meetings have been
scheduled by a committee during a 30-day period when the Legislature
is not in session, the chair may provide in the notice for the first meeting

that bills placed on the agenda for the first meeting and not reported out
shall be available for consideration at the second meeting without further
notice.

Section 58. Rule 57. is deleted:

57. Ufaendancle Rporn Metinut Required meNtic Any bill reported
eunfavablyp without thed l meeting tis o and thte ppe tunity to bo hted,
hasiong bn hall institute oexcse from that roodmmittod t e e eemmittee
reporting tho oamno upon a point of order having boon mado within throo
logiolativo dayo after nuoh report hao beon printed in the JourTnal. Thio
privilegure tohall alttend two co any Member, net a opounlessr, who haexcused, shall
thon chairman timly writtedrn ntiro t he committee ad cntifitedn a
pvanifc bill. nThe ion mmitt the wchir th bll of te committed o, th
Speaker sthe bill aa nd rnenprt ao if originally rferread.
Section 59. Rule 58. is amended to read:

58. Attendance Upon Meetings Required-A member shall be
expe5. Contattend all meetings of committees to which appointed,
unless excused by the chairman or the Speaker. Excuse from House
session shall constitute excuse from that day's committee meetings.
Failure to attend two consecutive meetings, unless excused, shall
constitute automatic withdrawal from the committee and create a
vacancy. Upon notification by the chairman of the committee, the
Speaker shall make an appointment to such vacancy.
Section 60. Rule 59. is amended to read:

59. Continuation of Recessed Meetings on Same Day-A committee
or council may continue the consideration of properly noticed legislation
after the expiration of the time set for the meeting if a majority ofthe
mmittsor as the e ar pront agree to temporarily recess to continue the
meeting at a time and place certain on the same day, with the approval
of the Speaker.

Section 61. Rule 60. is amended to read:

60. Reconsideration in Committee-

(a) The Rules of the House shall govern proceedings in committee
insofar as these are applicable except that a motion for reconsideration
shall be treated in the following manner:io

(b) When a question has been decided by a committee, any Member
voting with the prevailing side or any Member when the vote was a tie
or by voice, may moove for reconsideration n istanter or leave the motion
pending. By a two-thirds vote, the committee may take up for immediate
disposition any motion to reconsider left pending. The motion to
reconsider may be made at any time during the same meeting prior to
the adoption of a motion to rise or to the committee's rising without
motion upon the time of adjournment having arrived.

(c) A motion to reconsider having been made and left pending, the
motion shall be a special and continuing order of business for the next
succeeding committee meeting and, unless considered at that meeting
on the request of any member of the committee, shall be deemed
abandoned and the committee secretary shall forthwith report the bill
to the Clerk of the House.

d) A motion to reconsider a collateral mater must be disposed of
during the course of consideration of the main subject to which it is
related.

(e) If the committee shall refuse to reconsider or, upon
reconsideration, shall confirm its prior decision, no further motion to
reconsider shall be in order except upon unanimous consent of the
committee members present.

(f) During the last five legislative days of a regular session or at any
time during an extended or special session, the motion to reconsider
shall be disposed of when made.

(g) If no motion is made at the meeting when a bill has been
considered and decided, the committee secretary shall forthwith report
the bill to the Clerk of the House.

22

March 4, 1997

JOURNAL OF THE HOUSI

Section 62. Rule 61. is amended to read:

61. Open Meetings-All meetings of all committees and councils
shall be open to the public at all times, subject always to the authority
of the presiding officer to maintain order and decorum, except that
where necessary for the protection of a witness and with the concurrence
of the Speaker, a chairman may close a committee meeting, or portion
thereof, and the record of such meeting shall not disclose the identity of
the witness appearing before the committee.

Section 63. Rule 62. is amended to read:

62. Unfavorable Reports-A bill reported unfavorably to the Clerk of
the House shall be laid on upon the table. A bill so reported may be taken
from the table upon the motion of any Member, adopted by a two-thirds
vote ef the Members present, after debate not to exceed six minutes
evenly divided between proponents and opponents of the motion.

Section 64. Rule 63. is amended to read:
63. Voting in Committee-A majority Af the mambre pre- ent of a
committee, a quorum having been established, shall agree by their
recorded votes upon the disposition of any bill or other main question
matter considered by the committee. (Constitution: Article III, Section
4(c)-"In any legislative committee or subcommittee, the vote of each
member voting on the final passage of any legislation pending before the
committee, and upon the request of any two members of the committee or
subcommittee, the vote of each member on any other question, shall be
recorded. ")

Section 65. Rule 64. is amended to read:

64. Proxy Voting Prohibited; Votes Recorded After Roll Call-No
member of a committee shall be allowed under any circumstance to vote
by proxy. Absent members may have recorded an indication of how they
would have voted if present, but this shall not be counted on a roll call.

Section 66. Rule 65. is amended to read:
65. Quorum Required; Reports by Poll Prohibited-No committee
shall file a report unless the committee has met at an authorized time
and place, with a quorum present. A majority of the membership of the
committee shall constitute a quorum. If any matter is reported on the
basis of a poll, such matter shall be recommitted by the Speaker or
chairman to the committee upon a point of order.

Section 67. Rule 66. is amended to read:

66. Nature and Contents of Reports-It shall be the duty of
committees to report bills either favorably, favorably with committee
amendment, favorably with committee substitute, or unfavorably, but
never "without recommendation." A motion to lay a bill "on the table"
shall be construed as a motion to report the pending bill unfavorably.
Each report of a committee shall contain the action of the committee
on the bill being transmitted, together with a Committee Information
Record stating:

(a) the time and place of the meeting at which the action was taken;;

(b) the name and address of each person addressing the committee
relative to the measure and, if any agent, the interest represented;; and
(c) the vote of each member of the committee on the motion to report
each bill.
Each report by a committee shall set forth the identifying number of
the bill, and, if amendments are proposed by the committee, the words
"with (number of) amendments" shall follow the identifying number. For
the purpose of documentation, committees shall retain copies of
committee reports and amendments adopted, rejected, or withdrawn
with the committee action noted thereon. After the committee report has
been filed with the Clerk of the House as provided in these Rules, the
Clerk he shall preserve the Committee Information Record for the
convenient inspection by the public during the legislative session and
afterwards deliver it to the Secretary of State.

March 4, 1997

SOF REPRESENTATIVES 23

Section 68. Rule 67. is amended to read:

67. Recommendation for Reporting Closed Bills-A The substantive
committee considering a bill may, upon motion adopted by majority voAt
efthr m.mb. rhhip ef th.. emmitt e.. wh ar prFzont and voting with the
approval support of the bill's first-named firet-named sponsor,
recommend a bill as "closed." eo If the council ranking the bill agrees
with the substantive committee's recommendation to close the bill and the
first-named sponsor continues to support the recommendation, may upon
motion adopted by majority vote ef the the momber-hip of the cGouncil
wh... a pr.nt and vtin report a bill a' "zla-,d" and no amendments
shall be considered allowed to be made on the House floor to such bill
except those recommended by a adeptedin committee.

Section 69. New Rule 68. is created to read:

68. Fiscal Analysis-All general bills affecting revenues,
expenditures, or fiscal liability shall be accompanied by a fiscal analysis
upon being reported favorably by a fiscal standing committee. Fiscal
analyses shall state in dollars the estimated increase or decrease in
revenues or expenditures and the present and future fiscal implication of
the bill. A fiscal analysis shall be regarded as a memorandum of factual
information and may be included within the body of the bill analysis
which accompanies the bill, which analysis shall be made available to
Members. The fiscal analysis portion of the bill analysis shall not express
comment nor opinion relative to the merits of the legislation proposed but
should point out technical or mechanical defects. In the event of any bill
of this nature being reported favorably by any fiscal standing committee
without a fiscal analysis having been prepared or a statement that the
bill has no affect on revenues, expenditures, or fiscal liability, it shall be
the right of any Member to raise a point of order on second reading and
the Speaker may, in the Speaker's discretion, order return of the bill to
the appropriate fiscal committee. The accuracy of a fiscal analysis shall
not be a basis for a point of order under these Rules. A fiscal analysis
prepared for a House bill may be presumed as prepared also for its
Senate companion.

Section 70. Rule 68. is renumbered and amended to read:
69 68. Placement of Bills oOn Consent Calendar-Any bill which
receives a unanimous favorable report with or without amendments
from all eaeh committees to which it has been referred, upon notification
to tho e h.u., shall, without further action, be placed pending on the
Ceonsent Cealendar by the Clerk and shall remain pending for two
legislative days excluding not to include Saturday and Sunday. If no
member files an objection with the Clerk before the expiration of the two
days the bill shall be placed on the Ceonsent Cealendar and shall be
available for consideration as part of the Ceonsent Cealendar when at
the next time the Ceonsent Cealendar is next brought before the house
for consideration. Unless placed on the Consent Calendar under Rule
136, Aany bill that fails to obtain placement on the Ceonsent Cealendar
shall be ranked by the appropriate council.

At any time, a council with substantive jurisdiction over a bill may, by
majority vote, remove the bill from a Consent Calendar and place the bill
on its Council Calendar for purposes of ranking.

Section 71. Rule 69. is renumbered and amended to read:

70 69. Where Reports Are Delivered-Committee reports, whether
either favorable or unfavorable, shall be delivered to the Clerk of the
House at a designated place in the office of the Clerk no later than 12:00
noon of a legislative day. Reports delivered after 12:00 noon shall be
considered delivered on the next legislative day. The original bill(s) shall
meet accompany the report.

Section 72. Rule 70. is renumbered and amended to read:

71 7. How Reports Are Authenticated-A committee report shall be
signed by the chairman or, in his absence, the vice chairman or
temporary presiding officer, using forms prescribed by the Clerk of the
House.
Section 73. Rule 71. is renumbered and amended to read:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

72 74. Ranking of Bills-Bills reported favorably by all committees
of reference shall be taken up and ranked by the council of the
substantive committee introducing the bill or to in which a Member the
bill was first referred l.t ee'iderPd. The Celerk shall each weekday
prepare a Calendar of the House which shall include each of the seven
council calendars. report of each of 6th; Fi4 Punil'' raRki'ngG with tach
bill listed with Tthe bills shall appear as ranked in order of importance
highest ranked bill appearing first and continuing to the lzwzzt ranked
bill appearing last.
Section 74. Rule 72. is renumbered and amended to read:
73 4. Journal Entry-As bills are reported, the identifying number
of a bill, together with the action of the committee, whether favorable,
unfavorable, favorable with (number of) amendmentss, or favorable
with substitute, shall be entered in the Journal.
Section 75. Rule 73. is renumbered and amended to read:
74 W. Committee Amendments-
(a) Committee-aAmendments recommended by committees shall be
produced on computer on the prescribed forms in accordance with the
requirements of the Clerk, numbered serially with any title amendment
last, and securely affixed ettAehed to the bill.
(b) Every Any Mmember of the House may offer amendments to bills
being considered by any committee of the House. If not appointed to the
committee, a Member who offers an amendment shall comply with the
amendment filing deadline and shall be present at the meeting.
(c) During the first 45 calendar days of a regular session, the filing
deadline for amendments to be offered in a committee by nonappointed
Members shall be 5:00 p.m., two days (excluding Saturday and Sunday)
in advance of the committee meeting. After the 45th day and during any
extended or special session, such amendments shall be filed two hours
before the committee meeting. Amendments introduced by committee
members shall not be subject to these filing deadlines and may be offered
at any time during consideration of a bill.
Section 76. Rule 74. is renumbered and amended to read:
75 14. Committee Substitutes-A committee, in reporting a bill,
may draft a new bill embracing the same general subject matter, to be
returned to the Clerk of the House in the same manner as the favorable
reporting of any other bill. The substitute bill, signed by the chairman*
or, in his absence, the vice chairman or temporary presiding officer,
shall carry the identifying numbers) of the original bill(s) and shall be
returned to the Clerk of the House in the same form umber of eopies
as required for Fist introduction of a bill. Upon the filing of such report,
the original bBill(s) shall be laid on the table of the House. Any other
committee of reference shall direct its attention to the substitute bill.
The sponsors) of the original bill(s) shall be shown by the committee
secretary as a cosponsor of the substitute unless he notifies the
committee secretary in writing that he wishes to withdraw as a
cosponsor. If all sponsors of the original bill request to withdraw as a
cosponsor, the committee substitute shall not be delivered to or accepted
by the Clerk for introduction, unless another Mmtember consents to his
designation as a cosponsor, and the original bill shall be reported
"unfavorably"' in accordance with Rule 66."
Publication in the Journal of a committee substitute title with
sponsors shall constitute first reading in the same manner as
Introduction and Reference.
Section 77. Rule 75. is renumbered and amended to read:
76 W-. Committee Bills; Designation of Cosponsors-A bill
introduced by a committee shall be accompanied by a Committee
Information Record. A committee, in introducing a committee bill, shall
designate a Member or Members of the committee as cosponsor(s) with
the approval of said Member or Members. The bill will be shown by the
Clerk of the House as having been introduced by the committee and the
Members) so designated. If no Member consents to his designation as
a cosponsor, the bill shall not be delivered to or accepted by the Clerk for
introduction.

Section 78. Rule 76. is renumbered and amended to read:
77 !. Recommittal-After a committee report has been received by
the Clerk of the House, no bill shall be recommitted by the House to any
committee (e-mspt a appropriatiCons Cmmittee wA'ithin thz Fi.al
Rczpn'ibility Counc:l aa zlowhzcrz p-r-vid-d) except by a majority vote
of tho mombert present and .vtin.

Section 79. Rule 77. is renumbered and amended to read:

78 W. Oversight Role-The various standing committees shall have
oversight responsibilities iIn order to assist the House in:
(a) its analysis, appraisal, and evaluation of
(1)- the application, administration, execution, and effectiveness of
the laws enacted by the Legislature, or

(2)- conditions and circumstances which may indicate the necessity
or desirability of enacting new or additional legislation, and

(b) its formulation, consideration, and enactment of such
modifications or changes in those laws, and of such additional
legislation, as may be necessary or appropriate.;
the various otanding- emmittCso shall have v'roigeht
responsibilities.
Section 80. Rule 78. is renumbered and amended to read:

79 W. Oversight Powers-
(a) Each standing or select committee er zubeeammittee is authorized
to invite public officials and employees and private individuals to appear
before the committee for the purpose of submitting information to it.
(b) Each committee is authorized to maintain a continuous review of
the work of the state agencies concerned with its subject area and the
performance of the functions of government within each such subject
area, and for this purpose to request reports from time to time, in such
form as such committee shall designate, concerning the operation of any
state agency and presenting any proposal or recommendation such
agency may have with regard to existing laws or proposed legislation in
its subject area.
(c) In order to carry out its duties, each standing or select committee
er peubeammitte is empowered with the right and authority to inspect
and investigate the books, records, papers, documents, data, operation,
and physical plant of any state agency in this state.
Issuance of Subpoena
(d) In order to carry out its duties, each standing or select
committee, whenever required, may issue subpoena with the approval
of the Speaker and other necessary process to compel the attendance of
witnesses before such committee or the taking of a deposition pursuant
to these Rules. The chairman of the standing or select committee shall
issue said process on behalf of the standing or select committee. The
chairman or any other member of such committee may administer all
oaths and affirmations in the manner prescribed by law to witnesses
who shall appear before such committee for the purpose of testifying in
any matter about which such committee may desire evidence.
(e) Each standing or select committee, whenever required, may also
compel by subpoena duces tecum the production of any books, letters, or
other documentary evidence it may desire to examine in reference to any
matter before it. The chairman of the standing or select committee shall
issue process on behalf of the standing or select committee. e
sub-cmmittoo thereof

Contempt Proceedings
(f) Either house may punish by fine or imprisonment any person not
a Member who shall have been guilty of disorderly or contemptuous
conduct in its presence or of a refusal to obey its lawful summons.
A person shall be deemed in contempt if he:

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March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(1)- Fails or refuses to appear in compliance with a subpoena or,
having appeared, fails or refuses to testify under oath or affirmation;-
(2)- Fails or refuses to answer any relevant question or fails or
refuses to furnish any relevant book, paper, or other document
subpoenaed by or on behalf of such committee;; or

(3)- Commits any other act or offense against such committee which,
if committed against the Legislature or either house thereof, would
constitute contempt.
A standing or select committee may, by majority vote of all of its
members, apply to the House for contempt citation. The application
shall be considered as though the alleged contempt had has been
committed in or against the House itself. If such committee is meeting
during the interim, its application shall be made to the circuit court
pursuant to subsection (i)(8) of this Rule.

A person guilty of contempt under the provision of this Rule shall be
fined not more than 500 fi4v hundred dollars-($500.0) or imprisoned
not more than 90 ninety days or both, or shall be subject to such other
punishment as the House may, in the exercise of its inherent powers,
impose prior to and in lieu of the imposition of the aforementioned
penalty.

(g) The sheriffs in the several counties shall make such service and
execute all process or orders when required by standing or select
committees er -ubeemmittees. Sheriffs shall be paid as provided for in
section 30.231, Florida Statutes.

False Swearing

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

(i) All witnesses summoned before any standing or select committee
er oubecmmittee shall receive reimbursement for travel expenses and
per diem at the rates provided in section 112.061, Florida Statutes.
However, the fact that such reimbursement is not tendered at the time
the subpoena is served shall not excuse the witness from appearing as
directed therein.
(1) Service of a subpoena requiring the attendance of a person at a
meeting of a standing or select committee or sb-eeemmittee shall be
made in the manner provided by law for the service of subpoenas in civil
action at least seven calendar days prior to the date of the meeting
unless a shorter period of time is authorized by majority vote of all the
members of such committee. If a shorter period of time is authorized, the
persons subpoenaed shall be given reasonable notice of the meeting,
consistent with the particular circumstances involved.

(2) Any person who is served with a subpoena to attend a meeting
of any standing or select committee or oubohmmittc also shall be served
with a general statement informing him of the subject matter of such
committee's investigation or inquiry and a notice that he may be
accompanied at the meeting by private counsel.

(3) Upon the request of any party and the approval of a majority of
the standing or select committee, the chairman, or in his absence the
vice chairman, shall instruct all witnesses to leave the meeting room
and retire to a designated place. The witness will be instructed by the
chairman, or in is his absence the vice chairman, not to discuss his
testimony or the testimony of any other person with anyone until the
meeting has been adjourned and the witness discharged by the
chairmen. The witness shall be further instructed that should any
person discuss or attempt to discuss the matter under investigation with
them after receiving such instructions, the witness he shall bring such
matter to the attention of such committee. No member of such
committee or representative thereof may discuss any matter or matters
pertinent to the subject matter under investigation with witnesses to be
called before such committee from the time that these instructions are

given until the meeting has been adjourned and the witness discharged
by the chairaftt. Any person violating this Rule shall be in contempt of
the Legislature.

(4) Any standing or select committee taking sworn testimony from
witnesses as provided herein shall cause a record to be made of all
proceedings- in which testimony or other evidence is demanded or
adduced, which record shall include rulings of the chair, questions of
such committee and its staff, the testimony or responses of witnesses,
sworn written statements submitted to the committee, and such other
matters as the committee or its chairman may direct.

(5) A witness at a meeting upon his advance request and at his own
expense, shall be furnished a certified transcript of his testimony at the
meeting.

Right of Other Persons to be Heard

(6) Any person whose name is mentioned or who is otherwise
identified during a meeting being conducted for the purpose of taking
sworn testimony from witnesses of any standing or select committee and
who, in the opinion of such committee, may be adversely affected
thereby, may, upon his request or upon the request of any member of
such committee, appear personally before such committee and testify on
his own behalf, or, with such committee's consent, file a sworn written
statement of facts or other documentary evidence for incorporation into
the record of the meeting. Any such witness, however, shall prior to
filing such statement, consent to answer questions from such committee
regarding the contents of the statement.

(7) Upon the consent of a majority cf ito mo--borS prpcnt and
voting, any standing or select committee may permit any other person
to appear and testify at a meeting or submit a sworn written statement
of facts or other documentary evidence for incorporation into the record.
No request to appear, appearance, or submission shall limit in any way
the committee's power of subpoena. Any such witness, however, shall
prior to filing such statement, consent to answer questions from any
standing or select committee regarding the contents of the statement.

Enforcement of Subpoena Out of Session

(8) Should any witness fail to respond to the lawful subpoena of any
standing or select committee at a time when the Legislature is not in
session or, having responded, fail to answer all lawful inquiries or to
turn over evidence that has been subpoenaed, such committee may file
a complaint before any circuit court of the Efthe state setting up such
failure on the part of the witness. On the filing of such complaint, the
court shall take jurisdiction of the lawful questions and to produce all
documentary evidence in his possession which is lawfully demanded.
The failure of any witness to comply with such order of the court shall
constitute a direct and an criminal contempt of court, and the court shall
punish said witness accordingly.

Section 81. Rule 79. is renumbered and amended to read:

80 7V. Conduct of Meetings of Investigative Committees-Each
standing or select committee shall comply with the following procedures
with respect to compelling attendance of witnesses, production of
documents or evidence, and the conduct of meetings before such
committee.

If any standing or select committee fails in any material respect to
comply with the requirements of this Rule, any person subject to
subpoena or subpoena duces tecum, who is injured by such failure shall
be relieved of any requirement to attend the meeting for which the
subpoena was issued, or, if present, to testify or produce evidence
therein, and such failure shall be a complete defense in any proceeding
against such person for contempt or other punishment.

In addition, the following rules of procedure will be followed at all
meetings of standing or select committees:

(a) A standing or select committee may exercise its powers during
sessions of the Legislature, and in the interim.

March 4, 1997

25

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(b) A standing or select committee which conducts meetings for the
purpose of taking sworn testimony from witnesses shall consist of not
less than five members.
(c) A quorum of a standing or select committee which conducts
meetings for the purpose of taking sworn testimony from witnesses shall
consist of a majority of the total authorized membership.
(d) No action shall be taken by a standing or select committee at any
meeting unless a quorum is present. Such committees may act by a
majority vote of thc members percent and voting at a meeting at which
there is a quorum, unless the rules or any law require a greater number
or proportion.
(e) Any standing or select committee when conducting a meeting for
the purpose of taking sworn testimony, shall give each member of the
committee not less than three calendar days written notice of any
meeting to be held when the Legislature is in session and at least seven
calendar days written notice of any meeting to be held when the
Legislature is not in session. Such notices shall include a statement of
the subject matter of the meeting.
(f) The presiding member at a meeting may direct a witness to
answer any relevant question or furnish any relevant book, paper, or
other document, the production of which has been required by subpoena
duces tecum. Unless the direction is overruled by a majority vote of-the
committee momboro prcsnt, disobedience shall constitute contempt as
defined in these Rules.

(g) Before or during a meeting, a witness or his counsel may file with
the standing or select committee, for incorporation into the record of the
meeting, sworn written statements relevant to the purpose, subject
matter, and scope of the committee's investigation or inquiry. Any such
witness, however, shall prior to filing such statement, consent to answer
questions from such committee regarding the contents of the statement.
(h) Where the chairman of any committee determines that such
procedure would expedite the inquiry or save expenses, the chairman,
with the concurrence of the Speaker, may authorize the conduct of
proceedings by depositions, interrogatories, or compulsory production of
documents as provided in this Rule. These proceedings shall be in the
nature of statements under oath taken by a state's attorney. Counsel
Geuneil for persons under investigation may be allowed to attend such
depositions at the discretion of the chairman. Participation by such
counsel at the depositions may also be allowed at the discretion of the
chairmen. Any requests for attendance or participation should be
addressed to the chairman. If the requests are denied, a person may
appeal the chairman's ruling to the Speaker but there shall be no stay
of proceedings pending such appeal.
Where counsel for persons subject to depositions are allowed to
participate in the proceedings under the guidelines of the committee,
testimony or other evidence taken may be introduced before the
committee whether or not the persons or their counsel avail themselves
of the opportunity.
()- The chairman, with the concurrence of the Speaker, may
authorize a lawyer for the committee to take depositions of witnesses
before a court reporter or notary public of this state. The deposition
notice and/or the subpoena used therewith may identify persons either
by name or by job description and such persons may be required to
attend and give testimony pursuant to the guidelines.
(2)- The chairman, with the concurrence of the Speaker, may
authorize the issuance of interrogatories to be answered under oath and
these shall require the person to whom they are directed to appear
before a notary public or court reporter and answer the questions under
oath. These may be served by mail or by personal service and shall be
answered under oath no later than seven days from the date of mailing
or three days from the date of personal service. Any interrogatory may
require that a person to whom it is directed (identified by name or job
description) return the interrogatory in the mail or have it available for
delivery to the lawyer for the committee on a date certain.
(3)- Should any substantive or procedural question arise during any
proceedings authorized by these Rules, the question shall be referred to

the chairman of the committee or to any committee member designated
by the chairman to pass on such questions. Communication shall be
made with the chairman or any designated committee member by the
most rapid available means, including telephone, and the resolution of
such questions, including without limitation questions on the scope of
the discovery may be communicated by telephone. If any person is
dissatisfied with such a decision, appeal may be had to the Speaker but
there shall be no stay of proceedings pending such appeal.

Section 82. Rule 80. is renumbered and amended to read:
81 80. Conference Committee Membership; Procedures-

(a) The Speaker shall appoint all House managers for conference
committees. He shall determine the number as need appears. He shall
appoint no less than a majority who generally supported the House
position as determined by the Speaker. The Chairman cf thp Fimcal
Rocponnibility Cuancil ohall ocrvz ao the Houoo CGhair for all cnfcrcnce
onmmAittUA for the General Appropriatirns Bill.

(b) Al Mmeetings of all conference committees shall be open to the
public at all times, subject always to the authority of the presiding
officer to maintain order and decorum.

(c) All actions taken in conference committees shall be by motion.
(d) The chairman or, in his absence, the vice chairman of any
conference committee shall give prior notice as soon as practicable of
intention to meet. A notice shall state the date, time, and place of
meeting and be posted on the door of the committee managing the
conference for the House at least two hours prior to the time of the
meeting.
Section 83. Rule 81. is renumbered and not amended:
82 81. Composition of Conference Committee-A conference
committee shall consist of an equal number of managers from each
house. The conference committee shall select one of its members to
preside. A report shall require the affirmative votes of a majority of the
managers from each house. The report shall be accompanied by the
original bills.
Section 84. Rule 82. is renumbered and not amended:

83 82. Presentation of Report-The receiving of conference
committee reports shall always be in order except when the House is
voting on any proposition. When a report is presented to the House, the
sequence shall be:
(a) The vote first shall be on whether the report shall be considered
at that moment.
(b) The next vote shall be on acceptance or rejection of the report as
an entirety. The report must be acted upon as a whole, being agreed to
or disagreed to as an entirety.

(c) The final vote shall be a roll call on the passage of the bill as
amended by the conference committee report.
Should either (b) or (c) fail, the report shall be automatically
recommitted to the conference committee. In the event of a motion to
reconsider, the vote first would be on (b) and then on (c).
Section 85. Rule 83. is renumbered and not amended:

84 83. Form of Report-In those instances where a conference
committee has redrafted a bill, the committee shall report an
amendment striking everything after the enacting clause, together with
an appropriate title amendment if needed.
Each conference report shall be accompanied by a statement, written
or oral, sufficiently explicit to inform the House of the changes in the bill
sent to conference.
Section 86. Rule 84. is renumbered and amended to read:
85 84. Time Restraints on Conference Committees-After House
and Senate managers have been appointed for seven calendar days and

26

March 4, 1997

JOURNAL OF THE HOUSE

have failed to report, it is hereby declared to be a motion of highest
privilege either to move to discharge the House managers and appoint
new House managers or to instruct the House managers.
During the last six calendar days allowed under the Constitution for
a regular session, it shall be a motion of highest privilege to discharge,
appoint new, or instruct House managers after House managers shall
have been appointed 36 thi4y-e in hours without having made a report.

Section 87. Rule 85. is renumbered and not amended:

86 85. When Managers Are Unable to Agree-When a conference
committee is appointed in reference to any bill and the House managers
report inability to agree, no action of the House taken prior to such
appointment shall preclude further action by the House as the House
may determine.
Section 88. Rule 86. is renumbered and amended to read:

87 86. Committee of the Whole-Upon motion, tThe House may
open motion resolve itself into a Committee of the Whole to consider any
matter referred to it by the House, to pso resolutions, or to debate
issues of importance to the state. In forming a Committee of the Whole,
the Speaker may shall vacate the chair and shall appoint a chair to
preside in committee.
(a) 4- Twenty 2Q Members shall constitute a quorum of the
Committee of the Whole.

(b) 2- During the first 45 days of a regular session, Members may
submit written remarks that have been certified by the Chair of the
Committee on Rules, Resolutions, & Ethics as being in compliance with
the decorum required by the House. Such remarks concerning questions
or debate presented in Committee of the Whole and not in excess of 250
words shall to be spread upon the Journal as time permits concerning
questions or debate presented in Committee of the Whole.
(c) 3- The Committee of the Whole shall not call roll prior to the
convening of its business nor shall the Journal be kept.
(d) With the approval of the Speaker, standing committees and
councils may meet while the House is resolved into the Committee of the
Whole.

Section 89. Rule 87. is renumbered and not amended:

88 87. Rules of the Committee of the Whole-Rules governing the
proceedings of the House and those governing committees shall be
observed in the Committee of the Whole to the extent that they are
applicable.
Section 90. Rule 88. is renumbered and amended to read:

VIII. BILLS, RESOLUTIONS, AND MEMORIALS

89 88. "Bill" Stands for All Legislation-Except where the context
otherwise indicates, "bill" as used in these Rules, means a bill, joint
resolution, concurrent resolution, resolution, er memorial, or other
measure upon which a committee may be required to report.
Section 91. Rule 89. is renumbered and amended to read:
90 89. Forms of Measures-To be acceptable for introduction, all
bills shall be produced in accordance with standards approved by the
Speaker. All measures shall be introduced in an original and thirteen
seven copies. The original shall be backed with a folder-jacket and three
five copies with jackets. On these jackets shall be inscribed the name of
the sponsor and enough of the title for identification, and on the original
folder-jacket the signature of the first-named sponsor and other
sponsors agreed to by the first-named sponsor. All signatures and
respective district numbers must be on a numbered line as provided on
the bill jacket. After bill filing, those Members desiring to be cosponsors
shall fill out a cosponsor form to be agreed to by the first-named sponsor.
No Member shall be added or deleted as a sponsor or cosponsor of a bill
or resolution without his or her written consent on forms provided by the
Clerk.

March 4, 1997

Bills which propose to amend existing provisions of law shall contain
the full text of the section, subsection, or paragraph to be amended.
Joint resolutions which propose to amend the Florida Constitution shall
contain the full text of the section to be amended. As to those portions
of general bills and joint resolutions which propose to amend existing
provisions of the Florida Statutes, or the Florida Constitution, new
words shall be inserted in the text underlined, and words to be deleted
shall be lined-through with hyphens. In the event the change in
language is so general that the use of these procedures would hinder,
rather than assist, the understanding of the amendment, it shall not be
necessary to use the coded indicators of words added or deleted, but, in
lieu thereof, a notation similar to the following shall be inserted
immediately preceding the affected section of the bill: "Substantial
rewording of section. See s. ..., F.S., for present text." When such a
notation is used, the notation, as well as the substantially reworded
text, shall be underlined. The words to be deleted and the above-
described indicators of such words and of new material are for
information and guidance and shall not be considered to constitute a
part of the bill under consideration. Numerals in the margins of the line-
numbered paper shall not constitute a part of the bill, being shown on
the page only for convenience in identifying lines. Section catchlines
eateh lines of existing text shall not be underlined, nor shall any other
portion of a bill covered by this Rule other than new material.
Section 92. Rule 90. is renumbered and amended to read:

91 90. Bills and Joint Resolutions-All bills shall contain a proper
title, as defined in Section 6 of Article III of the Constitution, and the
enacting clause, "Be It Enacted by the Legislature of the State of
Florida:".

All joint resolutions shall contain the resolving clause, "Be It Resolved
by the Legislature of the State of Florida:".
Section 93. Rule 91. is renumbered and amended to read:
92 91. Local Bills-

(a) If a committee determines that a local bill may Only ueh -leeal
bill ,hall be ...n.idr-d by the, Huo, ans .annt be enacted into law
under the authority of a local governing body, that committee shall not
report the bill to the Clerk.

(b) If a committee determines that a local bill provides only Bills
providing a leal governing body ;with an exemption from general law,
it shall be reintroduced intr4dudee as a general bill bills.
(c) All local bills, including local claim bills, must either, as required
by Section 10 of Article III of the Constitution, embody provisions for a
ratifying referendum (stated in the title as well as in the text of the bill)
or be accompanied by an affidavit of proper advertisement, securely
attached to the original bill ahead of its first page.

Section 94. Rule 92. is renumbered and not amended:

93 B2. Memorials-A memorial expresses the opinion of the
Legislature to the federal government. All memorials shall contain the
resolving clause, "Be It Resolved by the Legislature of the State of
Florida:".

Section 95. Rule 93. is renumbered and amended to read:

OF REPRESENTATIVES 27

The bill should be aligned on the page substantially according to the
following form:
A bill to be entitled
An act .... ..................................

Be It Enacted by the Legislature of the State of Florida:

Section 1 ..........................................

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

28 JOURNAL OF THE HOUSE

94 03. House Resolutions and Concurrent Resolutions-All House
resolutions and all concurrent resolutions shall contain a title and a
resolving clause. In the case of House resolutions, this shall be, "Be It
Resolved by the House of Representatives of the State of Florida:". If
eepics of House resolutions are directed in the reoClutien tc be furnished
any person after adcpticn, these shall be prepared only by the Clerk of
the-Houee- Concurrent resolutions shall state, "Be It Resolved by the
House of Representatives of the State of Florida, the Senate
Concurring:". Concurrent resolutions shall present only questions
pertaining to extension of a session, enactment of joint rules,
:,re:ditriting f the, Heus. ratification of federal constitutional
amendments, or other procedural legislative matters.
Copies of House resolutions directed in the resolution to be furnished
any person after adoption, shall be prepared only by the Clerk of the
House. The Secretary of State shall be requested to prepare certified
copies of concurrent resolutions after their adoption.
Section 96. Rule 94. is renumbered and amended to read:

95 04. Requirements for Introduction-

(a) All bills (other than a the general appropriations bill, concurrent
resolutions relating to organization of the Legislature, resolutions
relating to organization of the House, reviser's bills, reapportionment
bills or resolutions, and recall of acts from the Governor) shall either be
be-sithep prepared or, in the case of local bills, reviewed by the House
Bill Drafting Service. After completion and delivery by the House Bill
Drafting Service, no change shall be made in the text or title of the bill
without returning the bill to the House Bill Drafting Service prior to
filing with the Clerk of the House.
(b) The Director of the House Bill Drafting Service shall notify any
Member proposing a bill if an identical or similar bill has been filed and
the name of the sponsor.
Section 97. Rule 95. is renumbered and amended to read:

96 08. Bills Filed for Term of Legislature-
(a) All bills filed shall be available for consideration pursuant to
these Rules for the entire two-year term of the Legislature except during
any special sessions. Bills filed for consideration during special sessions
shall be deemed to have died upon sine die of the special session unless
withdrawn or passed. At the end of the first regular sSession of a the
legislative biennium Legislature, all bills under consideration shall will
maintain the same position at the same reading on a calendar, referral
referred to committee, or pending referral. House Bbills that have
passed the House during at the endof the first session on which
agreement was not reached with the Senate and which were not
unfavorably acted on in the Senate but net acted en by the Senate upon
return to the House by the Senate shall will be returned to second
reading and placed on a the Ceonsent Cealendar for consideration at the
beginning of the next regular session, and -nly the The latest engrossed
version at sSession's end shall will be the version carried over.

(b) After adjournment sine die of the first regular session of a term,
a Member may, by letter to the Clerk, withdraw a carried-over bill from
further consideration of the House.

(c) After the first session of a term, if a Senate bill was substituted for
a House bill under Rule 99 and the Senate bill passed the House but did
not achieve final agreement between the houses, the House bill shall be
automatically removed from the table and placed on the Consent
Calendar on second reading at the beginning of the next session.
Section 98. Rule 96. is renumbered and amended to read:
97 06. Printing-Upon introduction, all bills (including committee
bills and committee substitutes) shall be printed for the information of
the House and the public, except that reviser's bills and House
rResolutions shall be printed only upon the order of the Chair -f the
Committee on Rules, & Resolutions, & Ethics. The Clerk shall have
sufficient copies printed for the needs of the House and the public and
shall furnish the copy for all such printing. This printing of bills shall
be independent ef the legi-olative: proes, ad Tthe absence of a printed

I

E OF REPRESENTATIVES March 4, 1997

copy shall not delay the progress of any bill at any stage of its
consideration the legislative prc.ess.
Section 99. Rule 97. is renumbered and amended to read:

98 87. Identification-Bills shall be introduced in the order they are
received by the Clerk of the House and shall be serially numbered as
filed. House rResolutions shall be separately numbered. The Clerk shall
validate mark the original copy of each bill, and each page thereof, to
ensure its identification as the item introduced in order to prevent
unauthorized or improper substitutions therefore. This identification
may be by the use of machines as used in banhfa fcr validating or
cancelling : che,l^ r other decuments, r ,by the se of any ether device
"te a.e.mplish the purpose ofthi: Rule. Any seeh device so used for such
validation shall be used by and at all times shall be in the secure custody
of the Clerk, and its use by any person not authorized by this Rule shall
be prohibited.

Section 100. Rule 98. is renumbered and amended to read:

99 08. Companion Measures-A companion Senate bill shall be
substantially similar in wording, and identical as to specific intent and
purpose as a House bill for which it is being substituted. Whenever a
House any bill ef the- Heuo shall be reached on the Daily Folder
Calendar of the House for consideration, either on second or third
reading, and there shall be also pending on the Calendar of the House
a companion bill already passed by the Senate, it shall be in order to
move that the Senate companion bill be substituted and considered in
lieu of the House bill. Such motion may be adopted by a majority vote,
provided the Senate bill is on the same reading, otherwise the motion
shall be to suspend waive the Rules by two-thirds vote and substitute
such Senate bill. At the moment the House substitutes the Senate
companion bill or takes up a Senate bill in lieu of a House bill, the House
bill so replaced shall be automatically tabled. Recommitment of a House
bill shall automatically carry with it any Senate companion bill then on
a Council the Calendar.

Section 101. Rule 99. is renumbered and amended to read:

100 89. Miscellaneous Papers; Veto Messages-Papers of a
miscellaneous nature addressed to the House may, at the discretion of
the Speaker, be read, noted in the Journal, or filed with the appropriate
committees. When the reading of a paper other than one upon which the
House is called to give a final vote is demanded, and the same is objected
to by any Member, it shall be determined without debate by a majority
vote of the House. In the case of veto messages, the Speaker shall refer
them to the appropriate committees for recommendations.
Section 102. Rule 100. is renumbered and amended to read:

101 400. Prefiled Bills; Reference; Notice; Proposed Committee
Bills-During the period between the Organization Session and the
convening of the regular session and between the first and second
regular sessions of the legislative biennium, Members may file with the
Clerk of the House for introduction bills which have been prepared or
reviewed by the House Bill Drafting Service.

(a) Such profiled bills shall be numbered by the Clerk and presented
to the Speaker for reference as otherwise provided under these Rules.
After the Speaker has referred a bill to a committee, or committees, the
Clerk shall notify the committee eaeh hair.
(b) Committees shall, after consideration of profiled bills, report
their actions promptly, in the manner prescribed by these Rrules. Once
received by the Clerk, a committee report on a profiled bill shall not be
subject to recall by the committee.
(c) Before any committee holds a meeting for the purpose of
considering a profiled bill or proposed committee bill (PCB) during the
period when the Legislature is not in session, a notice of such meeting
shall be filed with the Clerk and the Sergeant at Arms no later than 14
fourteen calendar days before the Friday preceding the week of the
meeting. The committee secretary separately shall send copies of the
notice to the members of the committee, the first-named sponsor of the
bill, and to such ether sponsors and others member who have requested

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

notice. This notice shall 'tat" th" date, tim* and place of m^ tin^g, bill
number, and nufficianat title for identification. hnever timely, the
Clerk : hall enter .u.h n-^tio:a in an interim cal.Andar. Wn'r; t.w.A
mcctings have been sehcduled by a committee during a 30 day p-riod
whenn the Leogilaturc ic not in scoicn, the chair may provide in the
notice for th. 0io m ti'ngthat bills ag nadad fop tho, fi.ot mtn .n.
net repArted ut ,hall b11 available fr nAidratien Rat th c. And
micting without further natico.

(d) Prefiled bills shall, pursuant ta the CAnctitutiCn Af Florida and
the Rules of the Houcs, be given first reading either on the first day of
a regular session or as soon thereafter as possible. The Clerk shall
record publish in the Journal the Speaker's reference of these bills.

(c) tn the event a profiled bill hd n recivd rf.raenp to mre. than
ane cimm itteo and leso than anll have ennidcred tha bill, thoe ommitt
a, nemmitteoc failing t. report shall n.id.r the bill during th. regular

(f) Netwithotanding tha Afther oretiOnc of this ule, any aMfmbr
may, no later than under tha rdei r af huninao of Meti no Relating toe

f profiled bills, maov for rofcrons e t aR different eammittee, which hall
Re doleido by a mEajority vot, an for withdrawal frim any oemmitten,
which motion hall be adopted by two third vote.

(g) All r ouirnmento folr thrlfinre ning af bills te and the
AAnRidoratian of bills by eommittAcn Af thA HouoAn hall bA doAmAed tA
have bel n mat and diehargad if the jukrisdietional requiramCntC of this
Rula havA been complied with na to each of suoh bill.

Section 103. Rule 101. is renumbered and amended to read:

102 404. Reviser's Bills-

Reviser's bills are nonsubstantive bills initiated by the Joint
Legislative Management Committee pursuant to section 11.242, Florida
Statutes, for one of the following purposes:

(a) To reduce the number and bulk of the statutes;-
(b) To remove inconsistencies and redundancies in the statutes; and-

(c) To improve the clarity and facilitate the correct and proper
interpretation of the statutes.
Reviser's bills shall nawaye be introduced by the Committee on Rules, &
Resolutions, & Ethics which may request prior review by another
"substantive committee. They shall be filed submitted as soon as possible
prior to or during each legislative session. Except by report with the
eappoal of the Committee on Rules, & Resolutions, & Ethics, reviser's
bills may be amended only by making deletions.
Section 104. Rule 102. is renumbered and amended to read:

103 -40. Limitation on Bills Pending and Referred to Standing
Committees-

(a) A Mmiember,-ae shall not be the first-named sponsor of signatory
on a bill, shall not have more than eight bills or committee substitutes
therefore under consideration, nor more than four bills referred
referenced to standing or select committees at any one time during the
biennial term of the Legislature. For the purpose of this Rrule, bills that
have passed the House, have been withdrawn from further
consideration, or have been laid on the table shall not be considered
"under consideration" or "referred" refereneed to a standing committee.
A bill that has been reported unfavorably from a committee or which has
passed all committees of reference, shall not ne-lenger be considered
"referred" to a standing committee for the purpose of this RJule.

(b) Bills which shall not be counted toward these limits include: The
limitation: Pot forth herein hall net apply to (1) l-bocal bBills, (2)
mMemorials, and (3) House r-Resolutions, (4) trust fund bills or open
records bills adhering to another bill, (5) bills introduced by a committee
under Rule 76, and (6) bills that passed the House and were carried over
from the first to the second session of a term.

Section 105. Rule 103. is renumbered and amended to read:

104 -03. Request for Reference-A Member may by deliver a written
request to the Sepeaker, indicate the priority ranking of the Member's
bills Dctting fort a priority ranking for reference ef that Meambr's
pending bill to standing committees. If no such request is received by
the Speaker, the Speaker may refer any four bills by the tiMember.
Section 106. Rule 104. is renumbered and amended to read:

IX. FLOOR PROCEDURE

CHAPTER A. Quorum and Attendance

105 404. Quorum-A majority of the membership of the Hhouse
shall constitute a quorum to do business.

Section 107. Rule 105. is renumbered and amended to read:
106 4-0. Leave oOf Absence-

(a) No Mmiember shall be absent from the sessions of the !Hhouse
without approval from the Speaker as provided in Rule 25 leave, and ne
mambar ahall ha accuoAd An hi Ar hAr Aown mAtin.

(b) Any Mmember granted a leave of absence due to a meeting of a
committee or conference committee that has authority to meet while the
House is in session shall be so designated on each roll call er
registration for which that Mmember is excused. It shall be the
responsibility of the excused Member to advise the Clerk when leaving
and returning to the Chamber.
Section 108. Rule 106. is deleted:

Iuu. Failure To Pn-iwr Roll Call

Any member who is preacnt and fails or refuicd to record an a roll call
after being requested to do so by the speaker shall be recorded as
present by the Speaker and shall abe cunted for the purpose of making
a quorumfl.
Section 109. Rule 107. is amended to read:

CHAPTER B. Speaking and Debate
107. Addressing tThe House-When a Mmember desires to speak or
deliver any matter to the Hhouse, the Mmfember shall rise and
respectfully address the Sepeaker as "Mr. (or Madam) Speaker" and, en
being recognized, may addrcss the heuse from the mierophone at the
reading elerk' deek, and shall confine all remarks to the question under
debate, avoiding personalities. Once recognized, a Member may speak
from the Member's desk or may, with the Speaker's permission, speak
from the well.
Section 110. Rule 108. is amended to read:
108. When Two Members Rise aAt Once-When two or more
Mmfembers rise at once, the Sepeaker shall name the one who is to speak
first. This decision shall be final and not open to debate or appeal.
Section 111. Rule 109. is amended to read:

109. Recognition-There shall be no appeal from the Sepeaker's
recognition, but the Sepeaker shall be governed by rules and usage in
priority of entertaining motions from the floor. When a Mmember seeks
recognition, the Sepeaker may ask, "For what purpose does the
Mmfember rise?" or "For what purpose does the Mmember seek
recognition?"
Section 112. Rule 110. is amended to read:

110. Time for Debate, Interruption oOfaA Member wWho Has tThe
Floor-No Mmfember shall speak more than once nor occupy more than
15 fifteen minutes in debate on any question. A Mmember who has the
floor shall not be interrupted by another Mmember for any purpose, save
the privilege of the House, unless he or she consents to yield to the other
Member. A Mmember desiring to interrupt another in debate should
first address the Sepeaker for the permission of the Mmember speaking.
The Sepeaker shall then ask the Mmember who has the floor if he or she

March 4, 1997

29

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

wishes to yield, and then announce the decision of that Mfiember. T-he
"mmber who hao thA floor may OAOr;ioo personal dioretion ac to
Whether epnot to yield, and it ie shall be entirely within the speaking
Member's discretion to dotormino who l hall interrupt and when.
Section 113. Rule 111. is amended to read:
111. Right tTo Open aAnd Close Debate-The mover of any
proposition, or the Mmember reporting any measure from a committee,
or, in the absence of either of them, any other Mmember designated by
such absentee, shall have the right to open and close the debate, and for
this purpose may speak each time not more than 10 45 minutes unless
otherwise limited by majority vote of the House.
Section 114. Rule 112. is amended to read:
CHAPTER C. Voting
112. Taking tThe Yeas aAnd Nays-The Sepeaker shall declare all
votes, but if any Mmember rises to doubt a vote, upon a showing of
hands by five Mmembers, the Sepeaker shall take the sense of the
House by rising vote, or ho may take tho sonco ofthc houso by yoas and
naye or by oral roll call or electronic roll call. When taking the yeas and
nays on any question, the electronic roll-call system may be used, and
when so used shall have the force and effect of a roll call taken as
provided in these Rules. This system likewise may be used to determine
the presence of a quorum. When the Hhouse is ready to vote upon a
question requiring roll call, and the vote is by electronic roll call, the
Speaker shall state: "The question now recurs is on (designating the
matter to be voted upon). All in favor of ouch quoction hall vote " ,'
,and all oppood haull vote 'Nay.' The Clerk will unlock the machine and
tThe Hhouse will new proceed to vote." When sufficient time has elapsed
for each Mmember to vote, the Sepeaker shall say: "Have all Members
voted?" And after a short pause shall state: "The Clerk will shall-new
lock the machine and record the vote." When the vote is completely
recorded, the Speaker shall announce the result to the Hhouse, and the
Clerk shall record the action enter upon the Journal the result in the
manner provided by thoeo Ruleo.

Section 115. Rule 113. is amended to read:
113. Changing oOf Vote-After the result of a roll call has been
announced, a Mmember may advise the Clerk of (1) hi- wish to be
r-corded -- to how he would have voted or (2) his wish to change his
vote. The Clerk shall provide forms for the recording of these actions.
When timely made, these requests shall be shown beneath the roll'call
in the Journal bonoath tho rll ca. Otherwise, the request shall be
shown separately in the Journal. In no instance, other than by reason
of an electronic or mechanical malfunction, shall the result of a the
voting machine roll call on bills be changed.
Section 116. Rule 114. is amended to read:
114. No Member tTo Vote /For Another Except bBy Request-No
Member shall vote for another Mmfember except at his request when
absent from his seat but present elsewhere in the Chamber, nor shall
any person not a Mmiember cast a vote for a Mmfember. In no case shall
a Member vote for another on a quorum call. In addition to such
ponaltico ac may beo prc rib:d by law, Aeny Mfember who shall vote
or attempt to vote for another Mmember may be punished in such a
manner as the Hhouse may deem proper. Any person not a Mmember
who shall vote wrongfully in the place of a Mmember shall be excluded
from the Chamber for the remainder of the session, in addition to such
punishment as the House may deem proper may bc proocribed by law.
Section 117. Rule 115. is amended to read:
115. Pairing-Pairing shall be permitted only upon the absence of a
Member for good cause and shall be in writing and specifically state
the bill or bills or questions upon which pairs are arranged. Before the
vote, pPaired votes shall be filed in writing bfere- the-vete with the
Clerk and be recorded in the Journal as an indication of how both the
present and absent Mmember would have voted. Paired votes shall not
be shown on roll calls. The present Member who pairs is not permitted
to vote; however, should the present Member cast a vote, the pair shall
be nullified.

Section 118. Rule 116. is amended to read:

116. Explanation oOf Vote-No Mmember shall be permitted to
explain his vote during a roll call, but may reduce his explanation to
writing, in not more than 200 two hundred words, and upon filing with
the Clerk, this explanation shall be spread upon the Journal.
Section 119. Rule 117. is amended to read:

X. ORDER OF BUSINESS AND CALENDARS

117. Daily Order of Business-When the Hhouse convenes on a new
Legislative day, the daily order of business shall be as follows:
1. Call to Oerder

2. Prayer

3. Roll Ceall

4. Pledge of Allegiance

5. Correction of the Journal

6. Communications

7. Messages from the Senate
8. Reports of Councils and Standing Committees

9. Reports of Select Committees
10. Motions Rfelating to Ceommittee RTeferences
11. Matters on Rpeconsideration

12. Daily Folder-Calendaro of tho Houoo as sot by tho poakor wi
bills and joint rosolutionz on third reading taken up and conoiderod and
then bill, joint r..olutions on .o.ond reading taken up and ^on.idorod
and unfinished busineoo. Each Calendar hall bo considorod during tho
period nsot forth in that days folder.

13. Unfinished Business Introduction and rofcronco
14. Introduction and Reference

Section 120. New Rule 118. is created to read:

118. Consideration of Senate Messages: Generally-Senate messages
shall be considered by the House upon review and approval by the
Speaker.
Section 121. Rule 118. is renumbered and amended to read:

119 4-8. Reference: Generally-Bills, upon first reading, whether
House or Senate, shall be referred by the Speaker, pursuant t-o Rule
102 & 10, either to a committee or to a the calendar, as elsewhere
provided in these Rules. The order of reference shall be first to
substantive committees and then to appropriate committees within the
a Fiscal Responsibility Council eemmittee. If a bill is referred to more
than one fiscal responsibility committee, the Speaker shall declare
which shall first consider the bill. The titles and RPeferences of bills and
the nature of any documents referred shall be recorded in entered -e the
Journal.
Section 122. Rule 119. is renumbered and amended to read:

120 449. Reference: Exception-All bills, whether House or Senate,
may shall be referred by the Speaker to the appropriate committees
except whan tho bill is being introduced by a Hocuo committee whoco
:r..; rl:,:^4. ,--l,-^/./. 4, ,l^,,,, IIP !, I\:L,; ~ if C ~ 0 ll:

whose the House companions are
bill on a Council the Husee Calen

bommiLttoo airoay nas a sompamnc

Section 123. Rule 120. is renumbered and amended to read:

121 4.0. Reference oOf Resolutions, Concurrent Resolutions:
Exception-All resolutions shall be referred by the Speaker to the Rules,
& Resolutions, & Ethics Committee, except that resolutions on House
organization and concurrent resolutions pertaining to extension of the

3a pUs et on em l svi U Ve -ubje w9-i e 0, aru.

30

March 4, 1997

of r eena e s,

JOURNAL OF THE HOUSE

session, and thee originating in a .mmitt-ee f proper juri:dictin, may
be taken up upon motion and adopted at time of introduction without
reference. Concurrent resolutions of a substantive nature shall first be
referred to a committee with the appropriate jurisdiction.

Section 124. Rule 121. is renumbered and amended to read:

122 4-2. Reference of Local Bills-General bills of local application
and these local bills which would provide an exception to general law
shall be referred by the Speaker to the committee having general
jurisdiction over local bills and, if a general bill of local application, to
one other substantive standing or select committee for procedural and
substantive review.
Section 125. Rule 122. is renumbered and amended to read:

123 422. Reference o0f Appropriations oQr Tax Measures-All bills
carrying or affecting appropriations or mandating the expenditure of
funds by county or city government, claims bills, and all bills affecting
tax matters, whether state or local, may be referred to the appropriate
committee within the Fiscal Responsibility Council, in addition to
substantive committee referrals. If the original bill did not affect an
appropriation, or affect a tax matter, and an amendment is adopted that
does calls for or affects a tax matter, then the bill with the amendment
may, at the Speaker's discretion, be referred to the appropriate
committee within the Fiscal Responsibility Council. The bill, if then
reported favorably without further amendment, shall be returned to the
same reading as when referred. If further amendments are
recommended by committee, the bill shall be returned to second reading.
Section 126. Rule 123. is renumbered and amended to read:

124 423. Reading oOf Bills and Joint Resolutions-Each bill or joint
resolution shall receive three separate readings on three separate days
previous to a vote upon final passage unless two-thirds of the Members
present decide otherwise. "Reading" means is-defined- a the stage of
consideration of a bill or joint resolution after reading anneunwement of
sufficient of the title as necessary for identification as determined by the
Speaker.

Section 127. Rule 124. is renumbered and amended to read:

125 44. Reading oOf Concurrent Resolutions aAnd Memorials-
Each Ceoncurrent resolutions and er memorials shall receive two
readings on two separate days previous to a voice vote upon adoption
except that concurrent resolutions extending a legislative session may be
read twice without motion on the same legislative day.
Section 128. Rule 125. is renumbered and amended to read:
126 425. Reading oOf House Resolutions-Each House resolution
shall receive two readings by title only previous to a voice vote upon
adoption.

Section 129. Rule 126. is renumbered and amended to read:
127 426. Measures oOn Third Reading-Upon the third reading of
any bill, it shall not be committed (save to the appropriate committee
within the Fiscal Responsibility Council as provided elsewhere in these
Rules) or amended, ex ept an t9 title without connt Af two thirdE f th
M.mb.r. voting, Bner hall the vote on pacage be pCtpened to a day
certain without the censcnt of a majority of these vctirng.

Bills on third reading shall be taken up in the order in which the House
concluded action on them on second reading.
Before any bill shall be read the third time, whether amended or not,
it shall be referred without motion to the Engrossing Clerk for
examination and, ifamended, the engrossing ofamendments. In the case
of any Senate bill amended in the House, the amendment adopted shall
be reproduced in triplicate and attached to the bill amended in such
manner that it will not be lost therefrom.
A bill shall be deemed on its third reading when it has been read a
second time on a previous day and no motion left pending.
Section 130. Rule 127. is renumbered and amended to read:

March 4, 1997

(3)U Government Governmental Seervices Cealendar, on which shall
appear bills of the Governmental Services Council as in ranked order by
the Council.

(4)- Academic Excellence Cealendar, on which shall appear bills of
the Academic Excellence Council as in ranked order by the Council.

(5)- Economic Impact Cealendar, on which shall appear bills of the
Economic Impact Council as in ranked erder by the Council.
(6)- Justice Cealendar, on which shall appear bills of the Justice
Council as in ranked order by the Council.
(7)- Governmental Responsibility Cealendar, on which shall appear
bills of the Governmental Responsibility Council as in ranked order by
the Council.

(8)- General Cealendar, on which shall appear bills of the Fiscal
Responsibility Council as in ranked order by the Council, the Gevernesr'
propeeed budget or eny other matters as determined by the Speaker.
(9)- Procedural Council Resolutions Cealendar, on which shall
appear bills, resolutions, joint resolutions, memorials, and concurrent
resolutions of the Procedural Council as ranked by the Council asset by
the Committee on Rulce & Rcoolutiena.

(10)- Ceremonial Resolutions Cealendar, on which shall appear
congratulatory and commemorative memorial resolutions whose sole
intent is to congratulate, commend eengratulation, er etherwis
recognize, rmemrialize, or otherwise express concern or commendations
as set by the Committee on Rules, and Resolutions, & Ethics.
(b) Each calendar may be considered as set forth in these Rules for
the allowed time allowed for each calendar. The Speaker shall strictly
enforce this system of calendars and set the appropriate calendars for
consideration by the House at such times and for such duration as the
needs of the House dictate. All scheduling of calendars will be with
proper notice to the Members and public as set forth in these Rules
except the Ceremonial cengratulatery and memorial Rresolutions
Cealendar, the Ceonsent Cealendar, the Rresolutions Cealendar, and
the Llocal Cealendar may be considered as set forth in Rules 129, 130,
and 131 11228,9, a.nd 130.

Section 131. Rule 128. is renumbered and amended to read:

129 438. Perieds-Feo Consideration oOf Ceremonial Resolutions
Congratulatory And Memerial Calendars As the volume ef legislation
shall w-arrant, the chair of the comm-itteC on Ruloo & R.AolutiCnn may
meve to designate period for th.e .anoid;ratian of the congratulatory
and memorial calndar. Each nouh motion ohall require a twe third
"vte for it adoption. In each intano.e, Tthe Ceommittee on Rules, &
Resolutions, & Ethics shall prepare and distribute to each Member a
printed Ceremonial Resolutions Cealendar at least 24 hours in advance
of the hour set for consideration. No ceremonial memorial -e

OF REPRESENTATIVES 31

128 437. System oOf Calendars-
(a) Legislative business of the House shall be controlled by a system
of calendars consisting of the following:
(1)- Consent Cealendar, on which shall appear only bills arranged
ranked by time-end date of placement on the Ceonsent Cealendar that
have passed all the leet --ubstantiv committees of reference
unanimously or as provided under Rule 136. and Ttwo days shall have
passed after Mecmbers were noticed was given of the pending placement
of the bill on the Ceonsent Cealendar during which no Member has
objected to the bill's placement on the Consent Calendar and ne Member
han objected to the bill being played en the Can...nt calendar, ne
nmndmlmnts bills An the consent calendar shall be eennidered, subject
to R1ule 135.

Except for amendments recommended by committees, no amendments
to bills on the Consent Calendar shall be considered.
(2)- Local Cealendar, on which shall appear only bills of a local
nature. Na hill ef a general nature Ar amendmentsn f a general nature
hall be AonRidered at nuoh time.

32 JOURNAL OF THE HOUSE

eengratulatery resolution may will be considered heard by the feH
House unless favorably reported without first bing approved through
tho eemmittee prooees by the Ceommittee on Rules, & Resolutions, &
Ethics. If the Ceommittee on Rules, & Resolutions, & Ethics finds
detorminos that a resolution inappropriate is neteligible for placement
on the Ceremonial Resolutions congratulatory and memorial Cealendar,
the moasuro hall bh referred by tho Speaker shall be so advised and
shall refer the measure to the appropriated committee for consideration
further aetion. A Ceremonial Resolutions congratulatory and memorial
Cealendar will contain the resolution number, the sponsor's name, and
a brief description of the title intent of the resolution. Once a printed
calendar is distributed, no additional resolutions shall will be added to
it, and the ro-quir:omont ,ofthin ,otion hall not ho subject to suspo.n;ion
o.xopt by unanimous co.snt.

Section 132. Rule 129. is renumbered and amended to read:

130 429. Periede For Consideration oOf Local1 and Consent--And
Resolutions Calendars As tho volume of legislation shall warrant, the
chair of the Rubsln & Rosolutions Committee shall maove to designate
pgriods for the conAsidoratian of local, conent, and ronolutiAon ;alondars.
Each SohF1 motion shall roquiro a two third vote for itso adoption. In
eaeh intanee, Tthe Ceommittee on Rules, & Resolutions, & Ethics shall
prepare and distribute to each Mmember a printed local or consent
calendar at least two days 48-houre in advance of the hour ote for
consideration. Once a printed calendar is distributed, no additional bills
or resolutions will be added to it. This roquirom.. t oan bo suspondod
only by unanimous sonoont. No local, sonoont, and rosolutiono salondar
may bo considorod by the houso if it is dotorm-inod that tho rul-s of the
houso woro not oempliod with by thc committee on Rules and

Section 133. Rule 130. is renumbered and amended to read:
131 430. Procedure /For Consideration oOf Local, Consent, aAnd
Ceremonial Resolutions Calendars-During the consideration of a
Local, Ceonsent, and Ceremonial Rresolutions Cealendars the following
procedures shall be observed:

(a) 4- The Speaker chair shall allow tho sponsor of each bill or
resolution not more than three minutes on each reading for the
consideration of a te-o plain the measure, and the time hall n-t h
extended except by unanimouso ononnt of thC Hous:o. This arle shall

have preeconee r ver all other rulso lim-ting timoe ir

-debate.

E

(b) If it develops that Aany bill on the Llocal Cealendar ofa-leeoal,
onasont, and roolutins cale ndar i:s found not to be in-feet local, as
defined by the Rrules, the-ehair shall be removed withdraw thebill from
further consideration and romovo it from the pending Cealendar and
returned to the appropriate Council Calendar.

(c) 3 If it develop that any bill or resolution on a Llocal, Ceonsent,
and Ceremonial Rresolutions Cealendar is to be contested on the floor
of the House, the Speaker hair shall cause the bill to be removed
withdraw tho bill or roaolution from furithor consideration and romovo
it from the pending Cealendar and returned to the appropriate Council
Calendar, except that a bill on the Local or Consent Calendar on which
second reading has been concluded shall not be subject to contest or
removed by debate in excess of three minutes.
(d) 4- Any bill or resolution on a Llocal, Ceonsent, or end Ceremonial
Resolutions Cealendar shall be considered contested if notice is given
by five or more Mmembers indicating that they intend to oppose the bill
or resolution, either by a raising of hands or by the delivery of written
notice of contest to the Chair of the Committee on Rules, Resolutions, &
Ethics to the- hair.

(e) &- Any bill or resolution on a Llocal, Ceonsent, and Ceremonial
Resolutions Cealendar shall be considered contested if debate ater the
spcenoeo explanation exceeds three 3 minutes. The Speaker hair shall
strictly enforce this time limit and automatically strike withdraw the
bill from the pending Calendar further consideration if the time limit
herein imposed is exceeded. Any bills so stricken shall be placed on the
appropriate Council Calendar of bills available for ranking.

OF REPRESENTATIVES March 4, 1997

(f) 6- If any bill, local bill, or resolution i e-bjected to on the Consent
Cealendar; is contested, whether formally or by exceeding the time limits
for debate, the bill or resolution shall be stricken from such calendar and
automatically placed referred-baek on to the appropriate Council
Calendar over tho la]t substantive committee it passed for ranking.
Section 134. Rule 131. is renumbered and amended to read:
132 434. Order Of Conidoration Of Calendars in the Daily Folder-
The Speaker shall set a Daily Folder consisting of Calendars designated
for consideration during assigned time periods. On each Calendar,
ranked business shall be considered in the following order of precedence:
(a) bills and joint resolutions on third reading and
(b) bills and joint resolutions on second reading.
Consideration ofa Council Calendar ofa certain day may be continued
if unaltered as to rankings on the same or a later legislative day upon two
hours notice by the Speaker.
During the first 45 days of a regular session, the Speaker shall give
notice of the Daily Folder not less than one legislative day before its
consideration by the House.

uons;iacration o aionoars anona DCo in ao orcor as sot By tno bpoaior
pursuant to of thooc ruls. With rospoot to a particular calondor, bills
and rosoluti:ons an third reading shall havo proodonco over bills and
rosolutions on sooond reading.
Section 135. Rule 132. is renumbered and amended to read:

133 43. Notice of Consideration of Council Calendars Daily Felder
Supplemental Calondars, aAnd Lists oOf Items Eligible /For
Consideration-

(a) Calcndarso hall bo printed daily when th Hous.. is in sosoion. A
printed eepy efEeach council calendar shall be made available to placed
on the-desk f each Mmember at least three days 72-hours, if convened
in regular session, and 24 hours, if convened in special session, before
the calendar may be considered by the House. Doviations from the
calendars as printed and distributed shall not bo permitted except that
tho Clerk shall bo authorized to print and distribute, not later than two
hours before the Houso oonvoneo, n oupplomontal daily Houso calendar,
on which shall appear bills or resolutions which were passod to third
reading on the previous logislativo day.
(b) In addition, when the volume of legislation shall warrant, and
upon request of the Speaker, the Clerk shall make available have
printed and distributed to the Mmembers, a list of Items Eligible for
Consideration, on which shall appear only:
(1) 4- Senate messages that are in the possession of the House; that
ar o eligible for consideration "under thooo Rulsc.
(2) Senate Bbills on for which the Senate has requested
appointment of a conference committee; and
(3) & Conference committee reports that-are eligible fo
consideration under thoso Rucs; and-

(4) 4- Senate bills net residing on a Calendar ine emmittees.
(c) A copy of the list of Items Eligible for Consideration must be
made available to placed on the desk ef each Mmfember at least two 6ei
hours before the list may be considered by the House.
(d) The date and time on at which the copies ofa calendar or list were
made available to arc placed on the Member!s doeek or office ef the
members shall be time stamped on the originals erigninals of the
calendar or list.
(e) No Houo naleondar shall bo eligible for consideration if it is
dotorminod that tho Ru1-bl of th1o HousAo wor,, not oompliod with.

Section 136. Rule 133. is renumbered and amended to read:
134 433. Position oOn a A Calendar-Once a bill or resolution is
placed on its appropriate calendar under these Rrules, and appears on

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a House Cealendar, as printed and distributed to all Mfmembers, the bill
shall retain its relative position on the Cealendar when the Cealendar
is scheduled for floor consideration in the daily folder unless a
subsequent report is received that supercedes a ranking or calendar.
Section 137. Rule 134. is renumbered and amended to read: *

135 434. Requirements fFor Placement oGn aA Calendar-No
measure bill or reeelution shall be placed on a calendar until it has been
referred to on or mor appropriate ^cmi: ttccs and reported favorably
by feom each committee of reference: All bills and resolutions, on being
reported from the last committee of reference, shall be placed before
rf.rr.d immediately to thez Clerk for printing and then to the
appropriate council for ranking except as provided in Rules 129, 130,
and 131 128, 12,0 and 130.
Section 138. Rule 135. is renumbered and amended to read:

136 4,3. Request /For Placement oOn Local, Consent, oGr
Ceremonial Resolutions Calendar-Except as provided in Rule 69, nNo
bill or resolution shall be considered for placement on a Llocal,
Ceonsent, or Ceremonial Rfesolutions Cealendar unless a request for
that placement has been made to and approved by the chair of the
committee from which the bill or resolution was first reported end
unlzu tho PommittCee report of the eciffmmittce rzommrRndS that the bill
or rc1.:lutin be sent for plaement c. n an appr private cale.dar. The
recommendation of the chair a standing committee shall be advisory
only, and the Ceommittee on Rules, & Resolutions, & Ethics shall have
final authority to determine whether eLneot a bill or resolution shall be
placed on a Llocal, Ceonsent, or Ceremonial Reesolutions Cealendar. If
the Ceommittee on Rules, & Resolutions, & Ethics determines that a the
bill or resolution is not appropriate eligible for placement on a Llocal,
Ceonsent, or Ceremonial Rresolutions Cealendar, the measure shall be
ranked in accordance with Rule 46 Sent t the council with juriod'ietn
fcr further action.

Section 139. Rule 136. is renumbered and amended to read:
137 436. Consideration Limits to Bbills Aefter Dday 55.-After the
55th day of a eeeh regular session, no House bills on second reading
shall be taken up and considered by the House except upon a two third
voto to tako up and oonoidor oueh matters.

Section 140. Rule 137. is renumbered and amended to read:

138 437 Consideration Llimits Aefter D4ay 58.-After the 58th day
of a eaeh regular session, the House shall consider only the fellewing:
1. Senate Messages
2. Conference Reports
3. Concurrent Resolutions

Section 141. Rule 138. is renumbered and amended to read:

XI. PARLIAMENTARY PROCEDURE

CHAPTER A. Motions and Questions

139 438. Precedence oOf Motions During Debate-When a question
is under debate, the Speaker shall receive no motion except:
1. Fi4rt-To adjourn at a time certain;

2. To adjourn;

3. Seeend-To recess to a time certain;

4. Third-To lay on the table;
5. Feuth-To reconsider;
6. Fifh-For the previous question;
7. Sixth-To limit debate;

8. Seventh-To temporarily postpone;

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OF REPRESENTATIVES 33

9. Eighth-To postpone to a time or day certain;
10. Ninth-To refer to or to recommit to committee;
11. Tenth---To amend;
12. Eleventh-To postpone indefinitely; and
13. Twelfth-To amend by striking out the enacting or resolving
clause;
which several motions shall have precedence in the descending order
given.
Section 142. Rule 139. is renumbered and amended to read:
140 439. Questions oOf Order Decided Without Debate-All
incidental questions of order, arising after a motion is made for any of
the questions named in Rule 139 406 and pending that motion, shall be
decided by the Speaker without debate, whether on appeal or otherwise.

Section 143. New Rule 141. is created to read:

141. Division of Question-Any Member may call for a division of a
question when the sense will admit of it. A motion to strike out and insert
shall be deemed indivisible; a motion to strike out, being lost, shall
neither preclude amendment nor a motion to strike out and insert.
Section 144. Rule 140. is renumbered and amended to read:
142 440. Speaker Explains Order oOf Business-The Speaker may,
at his or her discretion, or upon the motion of any Member, explain the
order of business when the motion pending before the House is not
debatable. That explanation shall not consume more than two minutes.
Section 145. Rule 141. is renumbered and amended to read:
143 441. To Recess tTo aA Time Certain-A motion to recess to a
time certain shall be treated the same as a motion to adjourn, except
that the motion is debatable when no business is before the House, and
can be amended as to the time and duration of the recess. It yields only
to a motion to adjourn.
Section 146. Rule 142. is renumbered and amended to read:
144 44-. To Lay oOn tThe Table-A motion to lay on the table is not
debatable and cannot be amended, provided that before the motion is
put, the sponsor of a bill or debatable motion shall be allowed five
minutes within which to discuss the same, and may divide the time with,
or waive this right in favor of, some other Member. A motion to table a
main question bill, oonotitutional armndment, or oncurrent or joint
resekutien requires an affirmative recorded a majority vote ef-the
majority. A motion to lay an amendment on the table, if adopted, does
not carry with it the measure to which it adheres a bill, eanotitutional
amendment, or on..urrent, joint or houo. rosoluticn. A motion to lay an
amendment on the table may be adopted by a majority vote of-the
Momboro prsoont and voting.
Section 147. Rule 143. is renumbered and amended to read:
145 443. Reconsideration-When a motion or main question has
been made and carried or lost it shall be in order at any time as a matter
of right on the same or succeeding legislative day for a Member voting
with the prevailing side, or for any Member in the case of a voice or tie
vote, to move for reconsideration thereof. When a majority of Members
present vote in the affirmative but the proposition be lost because it is
one in which the concurrence of a greater number than a majority is
necessary for adoption or passage, any Member may move for a
reconsideration. No bill referred or recommitted e-e referred to a
committee, by a vote of the House, shall be brought back into the House
on a motion to reconsider. The motion to reconsider shall require a
majority vote for its adoption tho affirmative vot: o of a majority of tho
"Mo"m.or prooont and voting, and such motion shall not be renewed
mode on any proposition after once being considered by vote of the
House except by unanimous consent. Debate shall be allowed on a
motion to reconsider only when the question which it is proposed to
reconsider is debatable. Where debate upon a motion to reconsider is in

JOURNAL OF THE HOUSE OF REPRESENTATIVES

order, no Member shall speak thereon more than once nor for a longer
period than five minutes. The adoption of a motion to reconsider a vote
upon any secondary matter shall not remove the main subject under
consideration from consideration of the House. A motion to reconsider
a collateral matter must be disposed of at once during the course of the
consideration of the main subject to which it is related and such motion
shall be out of order after the House has passed to other business.
The Clerk shall retain possession of all bills and joint resolutions for
the period after passage during which reconsideration may be moved;
however, during the last 14 calendar days allowed under the
Constitution for a regular session and during any extensions thereof, or
during any special session, these shall be transmitted to the Senate
forthwith.
The adoption of a motion to suspend the Rules and immediately certify
any bill to the Senate shall be construed as releasing the measure from
the Clerk's possession for the period of reconsideration. Bills either on the
Local Calendar or passed as local bills and concurrent resolutions and
memorials shall be transmitted to the Senate without delay. Messages
relating to procedural motions, House action on Senate amendments, or
to conference committee reports shall be transmitted forthwith.
All bills, when transmitted to the Senate, shall be accompanied by a
message stating the title to the bill and asking the concurrence of that
body.
Section 148. Rule 144. is renumbered and amended to read:
146 444. Previous Question-
(a) The previous question may be asked and ordered upon any
debatable single motion, or series of motions, or any amendment
pending, and the effect thereof shall be to conclude all action on the same
day. If third reading is reached on another day, the order for the previous
question must be renewed on that day.
(b) The motion for the previous question shall be decided without
debate. If the motion prevails, the sponsor of a bill or debatable motion
and an opponent shall be allowed three minutes each within which to
discuss the same, and each may divide the time with, or waive this right
in favor of some other Member. The motion for the previous question
shall be put in the following form: "Shall the main question be now put?"
(c) If the motion for the previous question be adopted, the sense of the
House shall be taken forthwith on pending amendments and the main
question in the regular order. If amendments have been adopted, the
regular order shall include adoption of title amendments.
(d) The motion for the previous question may not be made by the
sponsor or mover. Tho Proviau: Qucotion Tho proviou qu:. otion ono:

agreed to by a majority vote of tho Momborn prsnont and voting hall put
an ond to all dFbate and bring tho Houso tc a vote only on the quootion
thrn npnding: except that tho Osnoncr of tho motion hall bo allowed five

minutes to olooo.
Section 149. Rule 145. is renumbered and amended to read:
147 445. A Motion to Temporarily Postpone-The motion to
temporarily postpone shall be decided without debate and shall cause a
measure to be set aside but retained on the desk. If a main question has
been temporarily postponed after having been debated or after motions
have been applied and is not brought back before the House on the same
legislative day, it shall be placed in unfinished business on the calendar
of the appropriate Council. If a main question is temporarily postponed
before debate has commenced or motions have been applied, its reading
shall be considered a nullity and the bill shall retain its original position
on the order of business. The motion to return to consideration of a
temporarily postponed main question shall be made under the proper
order of business when no other matter is pending. If applied to a
collateral matter, the motion to temporarily postpone shall not cause the
main question to be carried with it. After having been temporarily
postponed, if a collateral matter is not brought back before the House in
the course of consideration of the adhering or main question, it shall be
deemed abandoned.

Section 150. Rule 146. is renumbered and amended to read:
148 446. Motion tTo Amend A motiCo to amend may itself bo

.Only ono oubotituto in ain rdLor whan n an file dment i ponding. A
motion tc amond oFr to subotituto in debatable, oi oopt whoro tho main
question to be amended io not debatable. Any motion to amend may be
adopted by a majority vote of theo Mo moro proont and ;vting.
Subject to the above proviniono of thin rul and other prov.oiznn in
theee Rulee,
(a) Amendments shall be stored on the legislative computer in a
format approved by the Clerk.
(b) Title am endments, if required, may be set forth on the same form
below the body of an amendment.
(c) The sponsor of an amendment shall file with the Clerk a printed
original of the amendment, which shall be free of interlineations and
which shall include as a part of its original printed text the name of the
sponsor, the bill number, and the page and line to be amended.
Amendment cosponsors may be added on forms provided by the Clerk.
(d) Amendments shall be taken up only as sponsors gain recognition
from the Speaker to move their adotin option, except that the chair of the
committee (or in the absence of the chair, the vice chair or any member
thereof) reporting the measure under consideration shall have preference
for the presentation of committee amendments.
(e) Upon motion, committee amendments may be adopted en bloc.

(f) The adoption of an amendment to a section shall not preclude
further amendment of that section. If a bill is being considered section by
section or item by item, only amendments to the section or item under
consideration shall be in order. The Speaker shall, in recognizing
Members for the purpose of moving the adoption of amendments,
endeavor to cause all amendments to Section 1 to be considered first, then
all those to Section 2, and so on.
(g) For the purpose of this Rule, an amendment shall be deemed
pending only after its proposer has been recognized by the Speaker and
has moved its adoption.
(h) No Member floor amendment shall be considered unless a printed
original of the amendment has been delivered to the Clerk in the required
form prior to 4:00 p.m. of the day, excluding Saturday and Sunday,
preceding the daily session at which the sponsor seeks to offer the
amendment. No amendment to the amendment or substitute amendment
shall be offered unless a printed original of the amendment to the
amendment or substitute amendment has been delivered to the Clerk not
later that 5:00 p.m. of the day, excluding Saturday and Sunday,
preceding the daily session at which the sponsor seeks to offer the main
amendment. By a majority vote, the time limitation for filing any
amendment may be waived.
(i) Ae motion to amend is in order during the second or third reading
of any bill.; however, Aamendments proposed on third reading shall
require a two-thirds vote for adoption, except that technical amendments
introduced in the name of the Committee on Rules, Resolutions, & Ethics
shall require a majority vote for adoption.

0) Appropriations Amendments-Whenever an amendment is offered
to a general appropriations bill which would increase any line item of
said bill, such amendment shall show the amount by line item of the
increase and shall, from within the jurisdiction of the same fiscal
standing committee, decrease a line item or items in an amount
equivalent to or greater than the increase required by the amendment.
(k) After the reading of a Senate amendment to a House bill the
following motions shall be privileged in the order named: (1) amend the
Senate amendment by a concurrence of the majority required for the final
passage of the bill, or (2) concur in the Senate amendment by a

March 4, 1997

34

JOURNAL OF THE HOUSE OF REPRESENTATIVES

concurrence of the same majority required for the final passage of the bill,
or (3) refuse by the majority of the required quorum to concur and ask the
Senate to recede, or (4) request the Senate to recede and, failing to do so,
to appoint a conference committee to meet with a like committee
appointed by the Speaker.

(I) Senate Refusal to Concur in House Amendment. If the Senate
shall refuse to concur in a House amendment to a Senate bill, the
following motions shall be in order and shall be privileged in the order
named: (1) that the House recede, or (2) that the House insist and ask for
a conference committee, or (3) that the House insist.

(m) The Speaker may, upon determining that a Senate amendment
substantially changes the bill as passed by the House, refer the Senate
message, with the bill and Senate amendmentss, to an appropriate
House committees) for review and report to the House. The Speaker,
upon such reference, shall announce the date and time for the
committees) to meet. The committees) shall report to the House the
recommendation for disposition of the Senate amendments) under one
of the four options presented in subsection (k) of this Rule. The report
shall be given to the House, either in writing or orally, by the chair of the
reporting committee.

(n) A motion for reconsideration of an amendment on third reading
requires a two-thirds vote for adoption.

Section 151. Rule 147. is deleted and moved to Section 156:

147. M.tion te P1ctpen. Incd finitely Mati-no to indefinitely

ofa motion to iAndfinitely postpone a bill shall dispesc ofa suh bill for the
duration aofthe lcgilrativc aoiRni and all c:tcnesina tharcaf. Any mati:cn
to pcatpone cen ideratien tr a time beyond the last day allowed undl e
the CCnstitution fCr the current legislative asssain shall bc onstrpucd as
a motion to indefinitCly pootpono.

Section 152. Rule 148. is renumbered but not amended:

149 4-48. To Amend by Striking Out Enacting or Resolving Clause-
An amendment to strike out the enacting or resolving clause of a bill
shall, if carried, be considered as equivalent to rejection of the bill by the
House.
Section 153. Rule 149. is deleted and moved to Section 157:

110. Dilatory M:ti..n. Na dilatory or delaying .m.tia... shall be
entertained by the Speaker.^

Section 154. Rule 150. is amended to read:

150. Sequence o0f Amendments to Amendments-An amendment
to a pending amendment may be received, but until it is disposed of no
other motion to amend will be in order except a substitute amendment
or an amendment to the substitute. Such amendments are to be
disposed of in the following order: (1) Amendments to the amendment
are acted upon before the substitute is taken up. Only one amendment
to the amendment is in order at a time. (2) Amendments to the
substitute are next voted on. (3) The substitute then is voted on. The
adoption of a substitute amendment in lieu of an original amendment
shall be treated and considered as an amendment of the bill itself.

TEXT

//3

Section 155. Rule 151. is amended to read:

151. Germanity of House Amendments-The House shall not
consider an aay amendment which relates to a different subject or is
intended to accomplish a different purpose than that of the pending

question proposal to which it rclatsa or which, if adopted and passed,
would require a title amendment for the proposal which is substantially
different from the proposal's original title or which would unreasonably
alter the nature of the proposal.

(a) 4- Preeedure' The Speaker shall rule on the admissibility of any
amendment when the question of germanity is timely raisedbut any
aueh question shall not be in order enre an amendment has boon
adopted.
(b) 2- House amendments which are not germane include:

A. An smcndment wvhieh incorperates the principal oubotanee ef
another pending bill.

(1) b. A general proposition amending a specific proposition.

(2) e- An amendment: a4) amending a statute or session law when
the purpose of the bill is limited to repealing such law; or b2) repealing
a statute or session law when the purpose of the bill is limited to
amending such law.

(3) 4- An amendment which substantially expands the scope of the
bill.

(4) e- An amendment to a bill when legislative action on that bill is
by law or these Rules limited to passage, concurrence, indefinite
postponement, or nonconcurrence as introduced.

(c) Amendments which are germane include:

(1) a- A specific provision amending a general provision.

(2) b- An amendment which accomplishes the same purpose in a
different manner.

(3) e, An amendment limiting the scope of the proposal.

(4) d- An amendment providing adding appropriations necessary to
fulfill the original intent of a proposal.

(5) e- An amendment relating only to clarification of pa.tioularied
details.

(6) f An amendment which changes the effective date of a repeal,
reduces the scope of a repeal, or adds a short-term nonstatutory non-
etatutery transitional provision to facilitate repeal.

(d) 4- An amendment of the second degree to an amendment or a
substitute amendment must be germane to both the main amendment
and the measure to which it adheres original pr.opeal.
(e) An amendment shall be out of order which incorporates the
principal substance of a bill introduced in the House.

A. NA A Mm* r ohall ab added o r deleted as an authtaorer co author at

a ill or rcaclutien witnflut mla or nor eanaant.

(f) 6 Nothing herein shall prohibit a committee from combining two
or more bills into a committee substitute.

Section 156. Rule 147. is moved from Section 151 and renumbered
to read:

152. Motion to Postpone Indefinitely-Motions to indefinitely
postpone shall be applicable only to a main question. The adoption of a
motion to indefinitely postpone a bill shall dispose of such bill for the
duration of the legislative session and all extensions thereof Any motion
to postpone consideration to a time beyond the last day allowed under the
Constitution for the current legislative session shall be construed as a
motion to indefinitely postpone.

Section 157. Rule 149. is moved from Section 153 and renumbered
to read:

153. Dilatory Motions-No dilatory or delaying motions shall be
entertained by the Speaker.

Section 158. Rule 152. is renumbered and amended to read:

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36 JOURNAL OF THE HOUSE

154 423. Motions iln Writing-Upon request of the Speaker, all
motions shall be reduced to writing and shall be read to the House by
the Speaker before being acted upon.

Section 159. Rule 153. is renumbered and amended to read:
155 46. Withdrawal oOf Motions-After a motion is stated by the
Speaker, or a bill, resolution, or petition is read by the Celerk, it is in the
possession of the House and may not be withdrawn without leave.
Section 160. Rule 154. is renumbered and amended to read:
156 464. Motions tTo Withdraw oOr Refer Re-refer Bills-
(a) Any Member may, no later than under the order of business of
Motions Relating to Committee References on the legislative day
following reference of a bill, move for reference to a different committee,
which shall be decided by a majority vote.
(b) A motion to withdraw a bill or resolution from committee, or to
refer ie-refer a bill or resolution from one committee to another
committee other than as provided in paragraph (a), may be made during
the regular order of business and shall require an affirmative vote of
two-thirds.

(c) A motion to refer re-refer shall only be debated as to the propriety
of the reference, and hall r :quir. -n affirmative r...rd. d te .-,o f two
thirds of the Membrnbr przznrt and voting.
Section 161. Rule 155. is renumbered and amended to read:
157 455. Recommittal R- -eferenee oOf Measures oOn File-A
motion to recommit re- efer a bill or resolution that is on the House
Daily Folder to committee may be made during the regular order of
business. The motion shall only be debatable as to the propriety of that
reference and shall require an affirmative reeerded majority vote of the
Members.
Section 162. Rule 156. is renumbered and amended to read:
XII. DUE PROCESS PROCEDURES-COMPLAINTS
158 456. Complaints of Violations of the Standards of Conduct By
Members and Officers of the House; Procedure-
(a) Filing of Complaints. The Chair of the Rules, Resolutions, &
Ethics Rulze & Calendar Committee shall receive and initially review
allegations of improper conduct that may reflect upon the House,
violations of law, violations of the House Code of Conduct, and violations
of the Rules and regulations of the House relating to the conduct of
individuals in the performance of their duties as Members or officers of
the House. Complaints of improper conduct against the Chair of the
Rules, & Resolutions, & Ethics Committee shall be reviewed and
managed by the Speaker or, if designated by the Speaker, the Speaker
pPro tTempore.
(1) Review of Complaints. The Chair of the Rules, & Resolutions,
& Ethics Committee shall review each complaint submitted to the
Rules, & Resolutions, & Ethics Committee relating to the conduct of a
Member or officer of the House.

(2) Complaints.
a. A complaint shall be in writing and under oath, setting forth in
simple, concise statements the following:
1. the name and legal address of the party filing the complaint
(complainant);
2. the name and position or title of the Member or officer of the
House of Representatives (respondent) alleged to be in violation of the
House Code of Conduct or a law, rule, regulation, or other standard of
conduct;
3. the nature of the alleged violation based upon the personal
knowledge of the complainant, including, if possible, the specific section
of the House Code of Conduct or law, rule, regulation, or other standard
alleged to have been violated; and

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OF REPRESENTATIVES March 4, 1997

4. the facts alleged to give rise to the violation.
b. All documents in the possession of the complainant that are
relevant to, and in support of, the allegations shall be attached to the
complaint.
(3) Processing Complaint and Preliminary Findings.
a. Upon the filing of a complaint, the Chair shall within five (5)
working days notify the Member or officer against whom the complaint
has been filed and give such person a copy of the complaint. Within
twenty (20) days, the Chair shall take the necessary actions as provided
in subparagraphs b.-g. below.
b. The Chair shall examine each complaint for jurisdiction and for
compliance with paragraph (a)(2) of this Rule.
c. Should the Chair determine that a complaint does not comply with
said Rule, the complaint shall be returned to the complainant with a
general statement that the complaint is not in compliance with said
Rule and with a copy of the Rule. A complainant may resubmit a
complaint provided such complaint is resubmitted prior to the
expiration of the time limitation set forth in subsection (o) of this Rule.
d. Should the Chair determine that the verified complaint does not
allege facts sufficient to constitute a violation of any of the provisions of
the House Code of Conduct, or a law, rule, regulation, or other standard
of conduct, the Chair shall dismiss the complaint and notify the
complainant and the respondent of such action.
e. Should the Chair determine that the complaint is outside the
jurisdiction of the House, the Chair shall dismiss the complaint and
notify the complainant and the respondent of such action.
f. Should the Chair determine that a violation is inadvertent,
technical, or otherwise of a de minimis nature, the Chair may attempt
to correct or prevent such a violation by informal means.
g. Should the Chair determine that such a complaint does allege
facts sufficient to constitute a violation of any of the provisions of the
House Code of Conduct, or a law, rule, regulation, or other standard of
conduct, and that the complaint is not de minimis in nature, the Chair
shall within 20 days transmit a copy of the complaint to the Speaker
and, in writing, request the appointment of a Probable Cause Panel or
Special Master regarding the complaint. A copy of the letter shall be
provided to the complainant and the respondent.
(4) Withdrawal of Complaints. A complaint may be withdrawn at
any time.

(b) Probable Cause Panel or Special Master.
(1) Creation. Whenever the Speaker receives a copy of a complaint
and request made pursuant to subsection (a) of this Rule, the Speaker
shall, within twenty (20) days, either (1) appoint a Probable Cause Panel
(the panel) consisting of an odd number of members or (2) appoint a
Special Master. If the Speaker appoints a Probable Cause Panel, the
Speaker shall also appoint one member of the panel as its chair. The
Speaker may appoint up to two additional persons who are not Members
of the House to serve as nonvoting nn iveting, public members of a
Probable Cause Panel.
(2) Powers and Duties. The members of the panel or the Special
Master shall have the following powers and duties:
a. investigate complaints and make appropriate findings of fact
promptly regarding allegations of improper conduct sufficient to
establish probable cause of violations of law, violations of the House
Code of Conduct and violations of rules and regulations of the House
relating to the conduct of individuals in the performance of their duties
as Members or as officers of the House;
b. based upon the investigation by the Special Master or the panel,
make and report findings of probable cause to the Speaker and to the
House as it relates to the complaint which occasioned the appointment
of the Probable Cause Panel or the Special Master;

JOURNAL OF THE HOUSE

c. recommend to the Rules, Resolutions, & Ethics Ruls & Calendar
Committee such additional rules or regulations as the Probable Cause
Panel or the Special Master shall determine as necessary or desirable
to ensure proper standards of conduct by Members and officers of the
House of Representatives in the performance of their duties and the
discharge of their responsibilities;

d. adopt rules of procedure as appropriate to its needs.
(3) Quorum.
A quorum of a Probable Cause Panel, when appointed, shall consist
of a majority of the members of the panel. All action by a Probable Cause
Panel shall require the concurrence of a majority of the full panel.

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

March 4, 1997

OF REPRESENTATIVES 37

violation, including a reference to the provision of the House Code of
Conduct or law, rule, regulation, or other standard of conduct alleged to
have been violated. A copy of the statement shall also be transmitted to
the Speaker.

b. Collateral Proceedings. Should the complaint against a Member
or officer of the House have been the subject of action before any other
body, the panel or Special Master may forward the complaint directly to
a hearing pursuant to subsection (d) of this Rule.
(d) Hearing.
(1) Select Committee on Standards of Official Conduct. Upon receipt
by the Speaker of a Statement of Alleged Violation, the Speaker shall
appoint, within twenty (20) days, a Select Committee on Standards of
Official Conduct (the select committee) to hold hearings regarding the
statement and make a recommendation for disciplinary action to the full
House. Upon the receipt by the Speaker of a complaint and findings by
the Commission on Ethics regarding a Member of the House, the
Speaker shall appoint, within twenty (20) days, a Select Committee on
Standards of Official Conduct to hold hearings to determine whether or
not a violation has occurred and, if so, to make a recommendation for
disciplinary action to the full House.

(2) Hearing. A hearing regarding a violation charged in a Statement
of Alleged Violation or in a complaint and findings by the Commission
on Ethics shall be held promptly to receive evidence upon which to base
findings of fact and recommendations, if any, to the House respecting
such violation.

a. Chair. The chair of the select committee or other member
presiding at a hearing shall rule upon any question of admissibility of
testimony or evidence presented to the select committee. Rulings shall
be final unless reversed or modified by a majority vote of the members
of the select committee whe are present. Should the select committee
appoint a referee pursuant to subsection (i) of this Rule, the referee shall
make all evidentiary rulings.
b. Referee. The select committee shall serve as referee for all
proceedings under these Rules, unless the select committee retains an
independent referee pursuant to subsection (i) of this Rule.
c. Prosecutor. The select committee's staff shall serve as a legal
advisor to the committee. The select committee may retain independent
counsel pursuant to subsection (j) of this Rule to serve as prosecutor in
all proceedings conducted under these Rules.
d. Respondent's Rights. The respondent shall have the right to be
represented by legal counsel, to call witnesses, to introduce exhibits, and
to cross-examine opposing witnesses. The respondent or respondent's
counsel shall be permitted to take the deposition of the complainant in
accordance with subparagraph (d)(3)a.3.
e. Complainant's Rights. The complainant is not a party to any
part of the complaint process or these proceedings. The complainant has
no standing to challenge these Rules or procedures and has no right to
appeal. The complainant may submit a list of witnesses or questions for
the select committee's consideration to assist in its preparation for the
hearing.
(3) Procedures.
a. Procedure and Evidence.
1. Procedure. The select committee may adopt rules of procedure
as appropriate to its needs.
2. Evidence. Irrelevant, immaterial, or unduly repetitious
evidence shall be excluded, but all other evidence of a type commonly
relied upon by reasonably prudent persons in the conduct of their affairs
shall be admissible, whether or not such evidence would be admissible
in a trial in the courts of Florida. However, hearsay evidence may not
be used unless same would be admissible under the Florida Rules of
Evidence and it shall not be sufficient in itself to support a factual
finding unless it would be admissible over objection in civil actions.

38 JOURNAL OF THE HOUSE

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

E

OF REPRESENTATIVES March 4, 1997

the Member or officer be fined, censured, reprimanded, placed on
probation or expelled, as appropriate, or may recommend such other
lesser penalty as may be appropriate.
(f) Proposed Recommended Order.
(1) Referee. When a hearing is conducted by referee, as provided in
subsection (i) of this Rule, the referee shall prepare a proposed
recommended order and file it, together with the record of the hearing,
with the select committee. Copies of the proposed recommended order
shall be served on all parties.
(2) Proposed Recommended Order. The proposed recommended
order will contain the time and place of the hearing, appearances
entered at the hearing, issues, and proposed findings of fact and
conclusions of law.
(3) Exceptions. The respondent and the independent counsel may
file written exceptions with the select committee in response to a
referee's recommended order. Exceptions shall be filed within twenty
(20) days after service of the recommended order unless such time is
extended by the referee or the chair of the select committee.
(4) Recommended Order. The select committee shall deliberate and
render a recommended order pursuant to the provisions of subsection (e)
of this Rule.

(g) Consent Decrees. At any stage of the proceedings, the
respondent and the select committee may agree to a consent decree. The
consent decree shall state findings of fact and shall be published in the
House Journal. The consent decree shall contain such penalty as may be
appropriate. Should the House accept the consent decree, the complaint
pursuant to these proceedings shall be resolved. Should the House not
accept the consent decree, the proceedings before the select committee
shall resume.
(h) Confidentiality. Any material provided to the House in
response to a complaint filed under this Rule which is confidential under
applicable law shall remain confidential and shall not be disclosed
except as authorized by applicable law. Except as otherwise provided in
this section, a complaint and the records relating to a complaint shall be
available for public inspection upon the dismissal of a complaint by the
Chair of the Committee on Rules, Resolutions, & Ethics Rulee-&
ale4deee, a determination as to probable cause or informal resolution
of a complaint by a Special Master or panel, or the receipt by the
Speaker of a request in writing from the respondent that the complaint
and other records relating to the complaint be made public records.
(i) Referee. The Select Committee on Standards of Official Conduct
may, in its discretion and with the approval of the Speaker, employ a
referee to preside over the proceedings, to hear testimony, and to make
findings of fact and recommendations to the select committee
concerning the disposition of complaints.
(j) Independent Counsel. The Select Committee on Standards of
Official Conduct is authorized to retain and compensate counsel not
regularly employed by the House, as authorized by the Speaker...
(k) Attorney's Fees. When a Probable Cause Panel or a Special
Master finds that probable cause does not exist or the select committee
finds that the respondent has not violated any of the provisions of the
House Code of Conduct or a law, rule, regulation, or other standard of
conduct, the panel or Special Master or the select committee may
recommend to the Speaker that the reasonable attorney's fees and costs
incurred by the respondent be paid by the House. Payment of such
reasonable fees and costs shall be subject to the approval of the Speaker.
(1) Eligibility; Speaker of the House. In the event that any
allegation under this Rule involves the conduct or activities of the
Speaker, the duties of the Speaker pursuant to this Rule shall be
transferred to the Speaker pro tempore.
(m) Collateral Actions.
(1) Criminal Actions. Any criminal complaints relating to
Members shall be governed by these Rules.

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(2) Commissions or Quasi-Judicial Agencies with Concurrent
Jurisdiction. Should a complaint against a Member or an officer of the
House be filed with a commission or quasi-judicial agency with
concurrent jurisdiction, the Chair of the Rules, & Resolutions, & Ethics
Committee, a Probable Cause Panel or a Special Master, and the Select
Committee on Standards of Official Conduct shall have the discretion to
refrain from processing a similar complaint until such commission or
quasi-judicial agency has completed its review of the matter. Should
such a complaint be filed initially with the Chair of the Rules, &
Resolutions, & Ethics Committee and subsequently filed with a
commission or quasi-judicial agency with concurrent jurisdiction, the
Chair of the Rules, Resolutions, & Ethics Rulee & Calendar Committee,
the panel or Special Master, and the select committee shall have the
discretion to suspend their proceedings until such commissions or
agencies have completed their review of the matter.
(n) Ex Parte Communications.
(1) A Special Master or a member of a Probable Cause Panel or of a
Select Committee on Standards of Official Conduct shall not initiate or
consider any ex parte communication relative to the merits of a pending
complaint proceeding by:
a. any person engaged in prosecution or advocacy in connection with
the matter; or
b. a party to the proceeding or any person who, directly or indirectly,
would have a substantial interest in the action of the panel, Special
Master or select committee, or their authorized representatives or
counsel.
(2) Except when acting within their official capacity as a Special
Master or as a member of a panel or select committee, a Special Master
or a member of a Probable Cause Panel or of a Select Committee on
Standards of Official Conduct shall not comment upon or discuss with
any other person the matters which occasioned the appointment of the
Special Master, panel or select committee during the pendency of
proceedings held pursuant to this Rule before the Special Master, panel
or select committee. This section shall not apply to communications
initiated or considered by the Special Master or the chair of the panel
or select committee relating to a settlement pursuant to subparagraph
(c)(2)a.3. of this Rule or to a consent decree authorized pursuant to
subsection (g) of this Rule.
(o) Time Limitations.
(1) On or after the effective date of these Rules, all sworn complaints
alleging violations of the House Code of Conduct, including violations of
lawl or violations of the rules and regulations of the House, shall be filed
with the Rules, Resolutions, & Ethics Rule & Calendar Committee
within two (2) years of the alleged violation.
(2) A violation of the House Code of Conduct is committed when
every element of the Rule has occurred and time starts to run on the day
after the violation occurred.
(3) The applicable period of limitation is tolled on the day a sworn
complaint against the Member or officer is filed with the Rules,
Resolutions, & Ethics Rules & CGalendr Committee. If it can be
concluded from the face of the complaint that the applicable period of
limitation has run, the allegations shall not be considered a complaint
for the purpose of requiring action by the Chair of the Rules,
Resolutions, & Ethics Reule & Calendar Committee. The complaint and
all material related thereto shall remain confidential.
Section 163. Rule 157. is renumbered and amended to read:
159 467. Penalties for Violations-Separately from any prosecutions
or penalties otherwise provided by law, any Member of the House
determined to have violated the foregoing requirements of these Rules
thii-Rele shall be fined, censured, reprimanded, placed on probation, or
expelled, or have such other lesser penalty imposed as may be
appropriate. Such determination and disciplinary action shall be taken
by a two-thirds vote of the House, except that expulsions shall require
two-thirds vote of the membership, upon recommendation of the select
committee so designated under Rule 158 466.

March 4, 1997

E OF REPRESENTATIVES 39

Section'164. New Rule 160. is created to read:
160. Lobbyists-
(a) Obligations of a Lobbyist. A lobbyist shall supply facts,
information, and opinions of principals to legislators from the point of
view which the lobbyist openly declares. A lobbyist shall not offer or
propose anything which may reasonably be construed to improperly
influence the official act, decision, or vote of a legislator, nor shall a
lobbyist attempt to improperly influence the selection of officers or
employees of the House. A lobbyist by personal example and admonition
to colleagues shall maintain the honor of the legislative process by the
integrity of the lobbyist's relationship with legislators as well as with the
principals whom the lobbyist represents.
A lobbyist shall not knowingly and willfully falsify, conceal, or cover
up by any trick, scheme, or device, a material fact or make any false,
fictitious, or fraudulent statement or representation, or make or use any
writing or document knowing the same to contain any false, fictitious, or
fraudulent statements or entry.
No registered lobbyist shall be permitted upon the floor of the House
while it is in session.

(b) Advisory Opinions; Compilation Thereof A lobbyist, when in
doubt about the applicability and interpretation of (a) of this Rule in a
particular context, shall submit in writing the facts for an advisory
opinion to the Speaker, who shall either refer the issue to the House
general counsel for an advisory opinion or refer the issue to a committee
designated by the Speaker to have responsibility for the ethical conduct of
lobbyists and may appear in person before said committee. The House
general counsel or this committee shall render advisory opinions to any
lobbyist who seeks advice as to whether the facts in a particular case
would constitute a violation of such Rule by a lobbyist. Such opinion
until amended or revoked shall be binding in any subsequent complaint
concerning the lobbyist who sought the opinion and acted on it in good
faith, unless material facts were omitted or misstated in the request for
advisory opinion. Upon request of the lobbyist or any Member, the
committee designated by the Speaker to have responsibility for the ethical
conduct of lobbyists may revise any advisory opinion issued by the House
general counsel or may revise any advisory opinion issued by the general
counsel of the Joint Legislative Management Committee under Joint
Rule 1.5. The House general counsel or committee shall make sufficient
deletions to prevent disclosing the identity of persons in the decisions or
opinions. All advisory opinions of the House general counsel or this
committee shall be numbered, dated, and published in an annual
publication of the House. The Clerk of the House shall keep a compilation
of all advisory opinions of the House general counsel or committee
designated by the Speaker to have responsibility for the ethical conduct
of lobbyists.
Section 165. Rule 158. is renumbered and amended to read:
161 468. Complaints of Violations Relating to Lobbyists;
Procedure-
(a) Filing of Complaints. The Chair of the Rules, & Resolutions, &
Ethics Committee shall receive and initially review allegations of
violations of the House Rules, Joint Rule 1, or violations of a law, rule,
or other standard of conduct by a lobbyist.
(1) Review of Complaints. The Chair of the Rules, & Resolutions,
& Ethics Committee shall review each complaint submitted to the Rules,
Resolutions, & Ethics Rules & Calendar Committee relating to the
conduct of a lobbyist.
(2) Complaints.
a. A complaint shall be in writing and under oath, setting forth in
simple, concise statements the following:
1. the name and legal address of the party filing the complaint
(complainant);-
2. the name and address of the lobbyist (respondent) alleged to be in
violation of the House Rules, Joint Rule 1, or a law, rule, or other
standard of conduct-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

3. the nature of the alleged violation based upon the personal
knowledge of the complainant, including, if possible, the specific section
of the House Rules, Joint Rule 1, or law, rule, or other standard of
conduct alleged to have been violated; and-
4. the facts alleged to give rise to the violation.
b. All documents in the possession of the complainant that are
relevant to, and in support of, the allegations shall be attached to the
complaint.
(3) Processing Complaint and Preliminary Findings.
a. Upon the filing of a complaint, the Chair shall within five (5)
working days notify the lobbyist against whom the complaint has been
filed and give such person a copy of the complaint. Within twenty (20)
days, the Chair shall take the necessary actions as provided in
subparagraphs b.-g. below.
b. The Chair shall examine each complaint for jurisdiction and for
compliance with paragraph (a)(2) of this Rule.
c. Should the Chair determine that a complaint does not comply with
said Rule, the complaint shall be returned to the complainant with a
general statement that the complaint is not in compliance with said
Rule and with a copy of the Rule. A complainant may resubmit a
complaint provided such complaint is resubmitted prior to the
expiration of the time limitation set forth in subsection (m) of this Rule.
d. Should the Chair determine that the verified complaint does not
allege facts sufficient to constitute a violation of any of the provisions of
the House Rules, Joint Rule 1, or a law, rule, or other standard of
conduct, the Chair shall dismiss the complaint and notify the
complainant and the respondent of such action.
e. Should the Chair determine that the complaint is outside the
jurisdiction of the House, the Chair shall dismiss the complaint and
notify the complainant and the respondent of such action.
f. Should the Chair determine that a violation is inadvertent,
technical, or otherwise of a de minimis nature, the Chair may attempt
to correct or prevent such a violation by informal means.
g. Should the Chair determine that such a complaint does allege
facts sufficient to constitute a violation of any of the provisions of the
House Rules, Joint Rule 1, or a law, rule, or other standard of conduct,
and that the complaint is not de minimis in nature, the Chair shall
transmit a copy of the complaint to the Speaker and, in writing, request
the appointment of a Probable Cause Panel or Special Master regarding
the complaint. A copy of the letter shall be provided to the complainant
and the respondent.
(4) Withdrawal of Complaints. A complaint may be withdrawn at
any time.
(b) Probable Cause Panel or Special Master.
(1) Creation. Whenever the Speaker receives a copy of a complaint
and request made pursuant to subsection (a) of this Rule, the Speaker
shall, within twenty (20) days, either (1) appoint a Probable Cause Panel
(the panel) consisting of an odd number of members or (2) appoint a
Special Master. If the Speaker appoints a Probable Cause Panel, the
Speaker shall also appoint one member of the panel as its chair. The
Speaker may appoint up to two additional persons who are not Members
of the House to serve as nonvoting nen voting, public members of a
Probable Cause Panel.
(2) Powers and Duties. The members of the panel or the Special
Master shall have the following powers and duties:
a. investigate complaints and make appropriate findings of fact
promptly regarding allegations of improper conduct sufficient to
establish probable cause of violations of the House Rules, Joint Rule 1,
or a law, rule, or other standard of conduct;
b. based upon the investigation by the Special Master or the panel,
make and report findings of probable cause to the Speaker and to the

House as it relates to the complaint which occasioned the appointment
of the Probable Cause Panel or the Special Master;
c. recommend to the Rules, Resolutions, & Ethics Rule & Galendar
Committee such additional rules or regulations as the Probable Cause
Panel or the Special Master shall determine as necessary or desirable
to ensure proper standards of conduct by lobbyists; and
d. adopt rules of procedure as appropriate to its needs.

(3) Quorum. A quorum of a Probable Cause Panel, when
appointed, shall consist of a majority of the members of the panel. All
action by a Probable Cause Panel shall require the concurrence of a
majority of the full panel.
(4) Term. A Probable Cause Panel or Special Master, as appropriate,
shall serve until the complaint which occasioned the appointment of the
panel or the Special Master has been dismissed or until a finding of
probable cause has been transmitted to the Speaker.
(c) Preliminary Investigation and Probable Cause Finding.
(1) Preliminary Investigation.
a. The Probable Cause Panel or the Special Master shall provide the
respondent an opportunity to present to the panel, the Special Master,
or staff of the panel, orally or in writing, a statement addressing the
allegations.
b. The panel, Special Master, or the staff of the panel may interview
witnesses and examine documents and other evidentiary matters.
c. The panel or Special Master may order the testimony of witnesses
to be taken under oath, in which event the oath may be administered by
the chair or any other member of the panel, by the Special Master, or by
any person authorized by law to administer oaths.
d. The panel or Special Master may require, by subpoena issued
pursuant to these Rules or otherwise, the attendance and testimony of
witnesses and the production of such books, records, correspondence,
memoranda, papers, documents, and other items as it deems necessary
to the conduct of the inquiry.
(2) Probable Cause Finding.
a. The panel, by a recorded vote of a majority of the full panel, or the
Special Master, as appropriate, shall determine whether there is
probable cause to conclude that a violation within the jurisdiction of the
panel or the Special Master has occurred.
b. Should the panel or Special Master, as appropriate, find that
probable cause does not exist, the panel or Special Master shall dismiss
the complaint and notify the complainant and the respondent of its
determination.
c. Should the panel or Special Master, as appropriate, determine
that probable cause exists to believe that a violation occurred but that
the violation, if proven, is neither of a de minimis nature nor sufficiently
serious to justify the imposition of a penalty pursuant to Rule 162 469
the panel or Special Master may recommend an appropriate, lesser
penalty or may resolve the complaint informally. If the respondent
agrees, a summary of the panel's conclusions or Special Master's
conclusions, as is appropriate, shall be published in the House Journal
and the agreed penalty shall be imposed. Should the panel or Special
Master be unable to satisfactorily settle the complaint, the complaint
shall be subject to a full evidentiary hearing before the Select
Committee on Lobbyist Conduct pursuant to subsection (d) of this Rule.
d. Should the panel or Special Master determine that probable cause
exists to believe that a violation occurred and that, if proven, would be
sufficiently serious to justify imposition of a penalty pursuant to Rule
162 459, the panel or Special Master shall cause to be transmitted to the
respondent a Statement of Alleged Violation. The statement shall be
divided into counts, and each count shall be related to a separate
violation and shall contain a plain and concise statement of the alleged
facts of such violation, including a reference to the provision of the
House Rules, Joint Rule 1, or law, rule, or other standard of conduct

40

March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

alleged to have been violated. A copy of the statement shall also be
transmitted to the Speaker.
(d) Hearing.
(1) Select Committee on Lobbyist Conduct. Upon receipt by the
Speaker of a Statement of Alleged Violation, the Speaker shall appoint,
within twenty (20) days, a Select Committee on Lobbyist Conduct (the
select committee) to hold hearings regarding the statement and make a
recommendation for disciplinary action to the full House.
(2) Hearing. A hearing regarding a violation charged in a
Statement of Alleged Violation shall be held promptly to receive
evidence upon which to base findings of fact and recommendations, if
any, to the House respecting such violation. The hearing before the
select committee shall be subject to Rule 61.
a. Chair. The chair of the select committee or other member
presiding at a hearing shall rule upon any question of admissibility of
testimony or evidence presented to the select committee. Rulings shall
be final unless reversed or modified by a majority vote of the members
of the select committee whe-a represent. Should the select committee
appoint a referee pursuant to subsection (i) of this Rule, the referee shall
make all evidentiary rulings.
b. Referee. The select committee shall serve as referee for all
proceedings under these Rules, unless the select committee retains an
independent referee pursuant to subsection (i) of this Rule.
c. Prosecutor. The select committee's staff shall serve as
prosecutor in all proceedings conducted under these Rules unless the
select committee retains independent counsel pursuant to subsection (j)
of this Rule.
d. Respondent's Rights. The respondent shall have the right to be
represented by legal counsel, to call witnesses, to introduce exhibits, and
to cross-examine opposing witnesses. The respondent or respondent's
counsel shall be permitted to take the deposition of the complainant in
accordance with subparagraph (d)(3)a.3.
e. Complainant's Rights. The complainant is not a party to any
part of the complaint process or these proceedings. The complainant has
no standing to challenge these Rules or procedures and has no right to
appeal. The complainant may submit a list of witnesses or questions for
the select committee's consideration to assist in its preparation for the
hearing.
(3) Procedures.
a. Procedure and Evidence.
1. Procedure. The select committee may adopt rules of procedure
as appropriate to its needs.
2. Evidence. Irrelevant, immaterial, or unduly repetitious
evidence shall be excluded, but all other evidence of a type commonly
relied upon by reasonably prudent persons in the conduct of their affairs
shall be admissible, whether or not such.evidence would be admissible
in a trial in the courts of Florida. However, hearsay evidence may not
be used unless same would be admissible under the Florida Rules of
Evidence and it shall not be sufficient in itself to support a factual
finding unless it would be admissible over objection in civil actions.
3. Discovery. Discovery may be permitted upon motion, which
shall state the reason therefore. Discovery shall be in accordance with the
Florida Rules of Civil Procedure, but may be limited in time, scope, and
method by the chair or the referee.
4. Testimony. The select committee shall order the testimony of
witnesses to be taken under oath, in which event the oath may be
administered by the chair or a member of the select committee, by any
referee appointed pursuant to subsection (i) of this Rule, or by any
person authorized by law to administer oaths.
5. Subpoenas. The select committee may require, by subpoena
issued pursuant to these Rules or otherwise, the attendance and
testimony of witnesses and the production of such books, records,

correspondence, memoranda, papers, documents, and other items as it
deems necessary to the conduct of the inquiry.
b. Order of Hearing. The order of the full hearing before the select
committee or the referee shall be as follows:
1. The chair or the referee shall open the hearing by stating the
select committee's authority to conduct the hearing, the purpose of the
hearing, and its scope.
2. Testimony from witnesses and other evidence pertinent to the
subject of the hearing shall be received in the following order whenever
possible: (i) witnesses and other evidence offered by the select
committee's staff or the independent counsel; (ii) witnesses and other
evidence offered by the respondent; and (iii) rebuttal witnesses. (The
select committee may call witnesses at any time during the
proceedings.)
3. Witnesses at the hearing shall be examined first by the select
committee's staff or the independent counsel. The respondent or the
respondent's counsel may then cross-examine the witnesses. The
members of the select committee may then question the witnesses.
Redirect and recross may be permitted in the chair's or the referee's
discretion. With respect to witnesses offered by the respondent, a
witness shall be examined first by the respondent or the respondent's
counsel, and then may be cross-examined by select committee's staff or
the independent counsel. Members of the select committee may then
question the witness. Redirect and recross may be permitted in the
chair's or the referee's discretion. (Participation by the select committee
at the hearing stage is at the sole discretion of the select committee and
is not mandatory.)
(4) Burden of Proof. At the hearing, the burden of proof rests on the
select committee's staff or the appointed independent counsel to
establish the facts alleged by clear and convincing evidence with respect
to each count.

(e) Committee Recommended Order.
(1) Committee Deliberations. As soon as practicable, the select
committee shall consider each count contained in a statement of alleged
violation or in a complaint and findings, as the case may be. A count
shall not be proven unless at least a majority of the select committee
votes for a motion that the count has been proved. A count that is not
proved shall be considered as dismissed by the select committee.
(2) Dismissal of Complaint. After the hearing, the select committee
shall, in writing, state its findings of fact. If the select committee finds
that the respondent has not violated any of the provisions of the House
Rules, Joint Rule 1, or a law, rule, or other standard of conduct, it shall
order the action dismissed and shall notify the respondent and the
complainant of such action.
(3) Recommended Order.
a. Recommended Order. If the select committee finds that the
respondent has violated any of the provisions of the House Rules, Joint
Rule 1, or a law, rule, or other standard of conduct, it shall, in writing,
state its findings of fact and submit a report to the House. A copy of the
report shall be sent to the respondent and the complainant and shall be
published in the House Journal.
b. Penalty. With respect to any violation with which a lobbyist is
charged in a count that the select committee has voted as proved, the
select committee may recommend to the House that the lobbyist be
censured, reprimanded, or prohibited from lobbying for all or any part
of the legislative biennium during which the violation occurred, or such
other penalty as may be appropriate.
(f) Proposed Recommended Order.
(1) Referee. When a hearing is conducted by referee, as provided in
subsection (i) of this Rule, the referee shall prepare a proposed
recommended order and file it, together with the record of the hearing,
with the select committee. Copies of the proposed recommended order
shall be served on all parties.

March 4, 1997

41

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(2) Proposed Recommended Order. The proposed recommended
order will contain the time and place of the hearing, appearances
entered at the hearing, issues, and proposed findings of fact and
conclusions of law.
(3) Exceptions. The respondent and the independent counsel may
file written exceptions with the select committee in response to a
referee's recommended order. Exceptions shall be filed within twenty
(20) days after service of the recommended order unless such time is
extended by the referee or the chair of the select committee.
(4) Recommended Order. The select committee shall deliberate
and render a recommended order pursuant to the provisions of
subsection (e) of this Rule.

(g) Consent Decrees. At any stage of the proceedings, the
respondent and the select committee may agree to a consent decree. The
consent decree shall state findings of fact and shall be published in the
House Journal. The consent decree shall contain such penalty as may be
appropriate. Should the House accept the consent decree, the complaint
pursuant to these proceedings shall be resolved. Should the House not
accept the consent decree, the proceedings before the select committee
shall resume.
(h) Confidentiality. Any material provided to the House in
response to a complaint filed under this Rule which is confidential under
applicable law shall remain confidential and shall not be disclosed
except as authorized by applicable law. Except as otherwise provided in
this section, a complaint and the records relating to a complaint shall be
available for public inspection upon the dismissal of a complaint by the
Chair of the Committee on Rules, Resolutions, & Ethics Rules--&
Calendar, a determination as to probable cause or informal resolution
of a complaint by a Special Master or panel, or the receipt by the
Speaker of a request in writing from the respondent that the complaint
and other records relating to the complaint be made public records.
(i) Referee. The Select Committee on Lobbyist Conduct may, in its
discretion and with the approval of the Speaker, employ a referee to
preside over the proceedings, to hear testimony, and to make findings of
fact and recommendations to the select committee concerning the
disposition of complaints.
(j) Independent Counsel. The Select Committee on Lobbyist
Conduct is authorized to retain and compensate counsel not regularly
employed by the House, as authorized by the Speaker.
(k) Eligibility; Speaker of the House. In the event that any
allegation under this Rule involves the conduct or activities of the
Speaker, the duties of the Speaker pursuant to this Rule shall be
transferred to the Speaker pro tempore.
(1) Ex Parte Communications.
(1) A Special Master or a member of a Probable Cause Panel or of a
Select Committee on Lobbyist Conduct shall not initiate or consider any
ex parte communication relative to the merits of a pending complaint
proceeding by:
a. any person engaged in prosecution or advocacy in connection with
the matter; or
b. a party to the proceeding or any person who, directly or indirectly,
would have a substantial interest in the action of the panel, Special
Master or select committee, or their authorized representatives or
counsel.
(2) Except when acting within their official capacity as a Special
Master or as a member of a panel or select committee, a Special Master
or a member of a Probable Cause Panel or of a Select Committee on
Lobbyist Conduct shall not comment upon or discuss with any other
person the matters which occasioned the appointment of the Special
Master, panel, or select committee during the pendency of proceedings
held pursuant to this Rule before the Special Master, panel, or select
committee. This section shall not apply to communications initiated or
considered by the Special Master or the chair of the panel or select
committee relating to a settlement pursuant to subparagraph (c)(2)c. of

this Rule or to a consent decree authorized pursuant to subsection (g) of
this Rule.

(m) Time Limitations.
(1) On or after the effective date of these Rules, all sworn complaints
alleging violations of the House Rules, or Joint Rule 1, or violations of
law shall be filed with the Rules, Resolutions, & Ethics Rules-&
Calendar Committee within two (2) years of the alleged violation.
(2) A violation of the House Rules is committed when every element
of the Rule has occurred and time starts to run on the day after the
violation occurred.
(3) The applicable period of limitation is tolled on the day a sworn
complaint against the lobbyist is filed with the Rules, Resolutions, &
Ethics Rules & Calendar Committee. If it can be concluded from the face
of the complaint that the applicable period of limitation has run, the
allegations shall not be considered a complaint for the purpose of
requiring action by the Chair of the Rules, Resolutions, & Ethics Rules
& GCalenda Committee. The complaint and all material related thereto
shall remain confidential.
Section 166. Rule 159. is renumbered and amended to read:
162 -9. Penalties for Violations-Separately from any prosecutions
or penalties otherwise provided by law, any person determined to have
violated the foregoing requirements of these Rules this-Rule or any
provision in Joint Rule 1 adopted by the House and the Senate, or other
law may be reprimanded, censured, prohibited from lobbying for all or
any part of the legislative biennium during which the violation occurred,
or such other penalty as may be appropriate. Said determination shall
be made by a majority of the House, upon recommendation of the
committee so designated under Rule 161 458.
Section 167. Rule 160. is renumbered and amended to read:
XIII. MISCELLANEOUS

163 460. Privilege of the Floor-
Other than present Members of the House and of the Senate, the
persons hereinafter named, and none other, shall be admitted during
regular daily sessions to the Chamber of the House ,-vis: The Governor,
Lieutenant Governor and Cabinet Members, Justices of the Supreme
Court, Members of Congress, contestants in election cases during the
pendency of their cases in the House, such persons as have, by name,
received the thanks of the Legislature; former Governors, former
Members of the Cabinet, and former Members of the House and Senate
who are not interested in any claim or directly in any bill pending before
the Legislature, and such employees of the House as may be needed on
public business, including such committee staff as shall be designated
by committee chairs and approved by the Speaker. Visiting dignitaries
or official guests may be granted the privilege of the floor upon motion
adopted by a majority of the House. Persons granted the privilege of the
floor shall not lobby the Members while the House is in session, unless
by motion granted leave requested to address the House.
When the House is in session all persons in the House Chamber shall
be dressed in proper business attire.
Section 168. Rule 161. is renumbered and amended to read:
164 46. Qualifications and Elections of Members-In cases of
contest for a seat in the House, notice setting forth the specific grounds
of such contest and evidence in support thereof shall be received by the
Clerk not less than five days before the Oerganization Ssession of the
Legislature. No motion to disqualify a Mmember shall be in order at the
Oerganizationea Seession until a Speaker has been elected in accordance
with the Florida Constitution. In the case of a special election, notice
shall be five days before the next regular or special session convenes,
unless the election is during a session or less than five days before the
next session, in which case the notice must be on the next legislative
legislative day following the receipt of certified election results. Any
contest setting forth facts sufficient shall be referred by the Speaker to
the appropriate committee. The committee shall hold a hearing and

42

March 4, 1997

March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

report its findings and recommendations as speedily as reasonably
possible. Upon receipt of the committee report, the House shall with all
dispatch, upon motion, determine the contest by a majority vote.

Section 169. Rule 162. is renumbered and amended to read:

165 42. House Seal-The House Seeal shall be used only by or on
behalf of a Mmember or Officer of the House or when specifically
authorized in writing by the Committee on Rules, & Resolutions, &
Ethics.

(a) Configuration. There shall be an official seal of the House of
Representatives. The seal shall be a circle, having in the center thereof,
a view of the sun's rays over a highland in the distance, a sabal palmetto
palm tree, a steamboat on the water, and a Native American female
scattering flowers in the foreground, encircled by the words "House of
Representatives."

(b) Use of the Seal. Unless a written exception is otherwise granted by
the Speaker:
(1) Material carrying the official seal shall be used only by a Member,
officer, or employee of the House of Representatives or other persons
employed or retained by the House.

(2) The use, printing, publication, or manufacture of the seal, or items
or materials bearing the seal or a facsimile of the seal, shall be limited
to official business of the House or official legislative business.

(c) Custodian. The Clerk shall be the custodian of the official seal.
Section 170. Rule 163. is renumbered and amended to read:
XIV. DEFINITIONS

166 463. Majority Action-Unless otherwise indicated by these Rules,
all action by the House, its committees, or councils shall be by majority
vote of those Members present. In all cases where the body shall be
equally divided, the question shall be lost. Thez- r--lesk shall be
automatially repealend on midnight of the lt day of the neC t legislative
oonsi.n of the 78th House of Rcprperntatives.
Section 171. Rule 167. is created to read:

167. Printing and Publications-Documents required by these Rules
to be printed or published may be produced and distributed on paper or
in electronic form.
Section 172. Rule 168. is created to read:

168. Notices.-In addition to any other provisions of these Rules,
notices required to be filed with the Clerk shall be furnished to the
Majority Office and the Minority Office.
Section 173. The following Standing Orders of the Florida House of
Representatives are created to read:
XV. STANDING ORDERS
Prime Sponsors and Sponsors-The sponsor of a committee substitute
is the committee. The introducer of the original bill, since it is laid upon
the table upon introduction of the committee substitute, has no right to
move for the withdrawal of the substitute from further consideration.

For the purpose of withdrawing bills from further consideration, the
first-named Member shall be regarded as the "prime sponsor" and the
only Member empowered to move for the withdrawal of a bill.
In moving for the withdrawal of a bill by floor motion from further
consideration, the introducer will be required to identify the nature of the
bill so that the Members will not be taken by surprise.

Distribution of Materials in Chamber; Meals in Chamber-The
following constitutes policy regarding material distributed to the general
membership through the Sergeant at Arms' Office and pages.
1. All material prior to such distribution shall be approved by the
Committee on Rules, Resolutions, & Ethics, acting through its Co-
Chairs.

43

2. The following official materials have heretofore been approved and
will continue to be approved: House and Senate bills, resolutions,
memorials, and amendments thereto, and official calendars and
journals; committee meeting notices; communications from the Speaker
and Clerk and official communications from the Senate; and official staff
reports of standing or select committees or of the majority or minority
parties.
3. No meals will be allowed on the floor without waiver of policy by
two-thirds vote. This shall not be construed to prevent serving of drinks
such as juices, coffee or tea, soft drinks, milk, etc.

4. No newspapers shall be distributed or otherwise permitted in the
House Chamber while the House is in session without waiver of policy by
two-thirds vote. This shall not relate to personal use by an individual
Member of a newspaper as resource or reference material for purposes of
debate. This policy does not address itself to the transmittal of material
from one Member to another on the floor of the House.
-was read the first time by title. On motion by Rep. Thrasher, the
resolution was read the second time by title and adopted. The vote was:

Yeas-96

Albright
Andrews
Argenziano
Arnall
Bainter
Ball
Barreiro
Bitner
Boyd
Bradley
Bronson
Brooks
Bullard
Burroughs
Bush
Byrd
Carlton
Casey
Clemons
Constantine
Crady
Crist
Crow
Culp
Nays-22
Arnold
Betancourt
Bloom
Brennan
Brown
Chestnut

Dennis
Dockery
Effman
Fasano
Feeney
Fischer
Flanagan
Fuller
Futch
Garcia
Gay
Geller
Goode
Hafner
Harrington
Healey
Horan
Jones
Kelly
King
Kosmas
Lacasa
Laurent
Lawson

Cosgrove
Dawson-White
Diaz de la Portilla
Edwards
Eggelletion
Frankel

Lippman Safley
Littlefield Sanderson
Livingston Saunders
Logan Sembler
Mackenzie Silver
Mackey Sindler
Maygarden Smith
Melvin Spratt
Merchant Stabins
Miller Stafford
Minton Starks
Morroni Sublette
Morse Thrasher
Murman Trovillion
Ogles Turnbull
Peaden Valdes
Posey Villalobos
Pruitt, K. Wallace
Putnam Warner
Reddick Wasserman Schultz
Ritchie Westbrook
Ritter Wiles
Roberts-Burke Wise
Rodriguez-Chomat Ziebarth

Greene
Heyman
Hill
Jacobs
Martinez
Meek

Prewitt, D.
Rayson
Rojas
Tobin

Votes after roll call:
Yeas-Webster

Parliamentary Inquiries

In response to a question from Rep. Martinez, The Chair [Speaker
Webster] interpreted Rule 21 which reads, in part, "Any rule of the
House, except Rule 22, may be suspended temporarily by a two-thirds
vote of the House. ." to mean that motions to suspend the rules must
be adopted by a two-thirds vote of the Members present and voting.
In response to a question from Rep. Rojas, the Speaker stated that a
House bill that had been closed under Rule 67 would be open when
returned by the Senate with a requirement for further action.
In response to a question from Rep. Rojas, the Speaker said that
Senate bills could not be closed in the House.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By the Committee on Rules, Resolutions, & Ethics; Representatives
Thrasher and Crady-

HCR 775-A concurrent resolution amending Joint Rule One, Joint
Rules of the Florida Legislature, relating to lobbyist registration and
reporting.

Be It Resolved by the House of Representatives of the State of Florida,
the Senate Concurring:
That Joint Rule One, Joint Rules of the Florida Legislature, is hereby
amended as follows:
Joint Rule One
Lobbyist Registration and Reporting
1.1-Those Required to Register; Exemptions; Committee
Appearance Records
(1) All lobbyists before the Florida Legislature must register with
the Joint Legislative Management Committee. Registration is required
for each principal represented.
(2) As used in this rule, unless the context otherwise requires:
(a) "Designated lobbyist" means the a lobbyist who is appointed, by
a the principal represented by two or more lobbyists, to file expenditure
reports that include lobbying expenditures made directly by the principal
the Czr.nslidatcd Expenditure Report.

(b) "Legislative action" means introduction, sponsorship, testimony,
debate, voting, or any other official action on any measure, resolution,
amendment, nomination, appointment, or report of, or any matter which
may be the subject of action by, either house of the Legislature or any
committee thereof.
(c) "Lobby" or "lobbying" means influencing or attempting to
influence legislative action or nonaction through oral or written
communication or an attempt to obtain the goodwill of a member or
employee of the Legislature.
(d) "Lobbyist" means a person who is employed and receives
payment, or who contracts for economic consideration, for the purpose
of lobbying, or a person who is principally employed for governmental
affairs by another person or governmental entity to lobby on behalf of
that other person or governmental entity. An employee of the principal
is not a "lobbyist" unless the employee is principally employed for
governmental affairs. "Principally employed for governmental affairs"
means that one of the principal or most significant responsibilities of the
employee to the employer is overseeing the employer's various
relationships with government or representing the employer in its
contacts with government. Any person employed by any executive,
judicial, or quasi-judicial department of the state or any community
college of the state who seeks to encourage the passage, defeat, or
modification of any legislation by personal appearance or attendance
before the House of Representatives or the Senate, or any member or
committee thereof, is a lobbyist.
(e) "Payment" or "salary" means wages or any other consideration
provided in exchange for services, but does not include reimbursement
for expenses.
(f) "Principal" means the person, firm, corporation, or other entity
which has employed or retained a lobbyist. When an association has
employed or retained a lobbyist, the association is the principal; the
individual members of the association are not principals merely because
of their membership in the association.
(3) For purposes of this rule, the terms "lobby" and "lobbying" do not
include any of the following:
(a) Response to an inquiry for information by any member,
committee, or staff of the Legislature.
(b) An appearance in response to a legislative subpoena.
(c) Advice or services which arise out of a contractual obligation with
the Legislature, a member, a committee, any staff, or any legislative

entity to render the advice or services where such obligation is fulfilled
through the use of public funds.
(d) Representation of a client before the House of Representatives or
the Senate, or any member or committee thereof, when the client is
subject to disciplinary action by the House of Representatives or the
Senate, or any member or committee thereof.
(4) For purposes of registration and reporting, the term "lobbyist"
does not include any of the following:

(a) A member of the Legislature.
(b) A person who is employed by the Legislature.
(c) A judge who is acting in that judge's official capacity.
(d) A person who is a state officer holding elective office or an officer
of a political subdivision of the state holding elective office and who is
acting in that officer's official capacity.

(e) A person who appears as a witness or for the purpose of providing
information at the written request of the chair of a committee,
subcommittee, or legislative delegation.

(f) A person employed by any executive, judicial, or quasi-judicial
department of the state or community college of the state who makes a
personal appearance or attendance before the House of Representatives
or the Senate, or any member or committee thereof, while that person
is on approved leave or outside normal working hours, and who does not
otherwise meet the definition of lobbyist.
(5) When a person, whether or not the person is registered as a
lobbyist, appears before a committee of the Legislature, that person
must submit a Committee Appearance Record on a form to be provided
by the respective house.
1.2-Method of Registration
(1) Each person who is required to register under Joint Senate and
House Rule 1.1 must register on forms furnished by the Joint
Legislative Management Committee, on which that person must state,
under oath, that person's name, business address, and phone number,
the name and business address of each principal that person represents,
the areas of that person's legislative interest, and the extent of any
direct business association or partnership that person has with any
member of the Legislature. The Joint Legislative Management
Committee or its designee is authorized to acknowledge the oath of any
person who registers in person. Any changes to the information provided
in the registration form must be reported to the Joint Legislative
Management Committee in writing within 15 days.

(2) Any person required to register must do so with respect to each
principal prior to commencement of lobbying on behalf of that principal.
At the time of registration, the registrant shall provide a statement
signed by the principal or principal's representative that the registrant
is authorized to represent the principal. Any person required to register
must renew the registration annually, in accordance with Joint Senate
and House Rule 1.3.

(3) If a principal has one lobbyist registered, another lobbyist for
that principal shall not be allowed to register until one of the lobbyists
has been appointed by the principal in writing to the Joint Legislative
Management Committee as the principal's designated lobbyist for
expenditure reporting. A principal may appoint its first registered
lobbyist as the designated lobbyist upon that lobbyist's registration and
may change its designated lobbyist at any time.
(4) A lobbyist shall promptly send a written statement to the Joint
Legislative Management Committee cancelling the registration for a
principal upon termination of the lobbyist's representation of that
principal. Notwithstanding this requirement, the Joint Legislative
Management Committee may remove the name of a lobbyist from the list
of registered lobbyists if the principal notifies the joint committee that the
lobbyist is no longer authorized to represent that principal. Each pereen
wh. registeri must submit uarterly to the Joint LCgislativ,

44

March 4, 1997

JOURNAL OF THE HOUSE

Management Committae, orn f frma fui.nshd by the emmittCe, a signed
-and Aortifid otatemont lifting all lobbying texpndituro and sournAo af
fundo fAr thAao oxeanditur an required in Joint Senate and HAu.o. Rul
1. 4. Rep rating statm ant hall ba filed an April 15, July 15, Ctanber 16,
and Janu ary 15 afaoh year and ohall inAlude the exper dituroC for the
prior.do from January 1 through Mar..h 31, April 1 through Juno 20, July
1 through Septeamber 30, and Otonber 1 through DearnmbLr 31,
rzepeetivoly. Tho reporting tatcm. nt filed an January 1F5 Shall aie,
inluda1 eumulativre tntaln for the pr-evir uo alndar syar. A rnportigr.
otatment hall bo oAansoidremd timely filed if iC p. tmnarlId by the
Ipeifid date. A request for an toAenln of timea may bo filed with the
J^aint Lagilativ. Managamont e committee, on felrm provided by th-
Caommitter. The raqunnt fer an rxtnsrion auat be igned and- india.te
that eeponditurt e wAr in urrate far tm reomrtieng parid. Ap extnaiaon
Sf 75 dayno nall boi autmaretially grand -n lang ne an xtPnronin
rtheaut in filed by th daten rtha roprting statement io due. T asbtain an
extension far a CAnhe lidatod Expenditure Repert, the dAAignattd
lobbyist mu ot rneus ot theav Mtnain, and th Coitenaien shall orara all
oreatea noeueoary te propara the Cundelidated Ecponditur. Report. A
statement need not bo filed fer a reporting period if no mxponditurwo
ch) bon madee during that reporting pearid. Hl weer, the registr ant
Ahall aoetify in tho report duo1 anuary 169 that thori wSra na
expandito ureoduring any reporting period for whiah a report wai not
filed. Repapting otatmenta, when feaible, may bo filed by Elmtroni

(1) To coverr r te costs inu r m C $ red iadnst rr n e rnson t oricyr
eachpersonn: whon rs,, registers ute and osenr Rl e 1.mlun t
(5) The Joint Legislative Management Committee shall publish on
the first Monday of each regular session and weekly thereafter through
the end of that session a compilation of the names of persons who have
registered and the information contained in their registrations.

(6) The Joint Legislative Management Committee shall retain all
original documents submitted under this section.
(7) A person who is required to register under this rule, or who
chooses to register, shall be considered a lobbyist of the Legislature for
the purposes of sections 112.3148 and 112.3149, Florida Statutes,
relating to reporting and prohibited receipt of gifts and honoraria.
1.3-Registration Costs; Exemptions
(1) To cover the costs incurred in administering this joint policy,
each person who registers under Joint Senate and House Rule 1.1 must
pay an annual registration fee to the Joint Legislative Management
Committee. The annual period runs from January 1 to December 31.
These fees must be paid at the time of registration.
(2) The following persons are exempt from paying the fee, provided
they are designated in writing by the agency head or person designated
in this subsection:
(a) Two employees of each department of the executive branch
created under chapter 20, Florida Statutes.
(b) Two employees of the Game and Fresh Water Fish Commission.
(c) Two employees of the Executive Office of the Governor.
(d) Two employees of the Commission on Ethics.
(e) Two employees of the Florida Public Service Commission.
(f) Two employees of the judicial branch designated in writing by the
Chief Justice of the Florida Supreme Court.
(3) The annual fee is up to $50 per each house for a person to register
to represent one principal and up to an additional $10 per house for each
additional principal that the person registers to represent. The amount
of each fee shall be established annually by the Joint Legislative
Management Committee. The fees set shall be adequate to ensure
operation of the lobbyist registration and reporting operations of the
Joint Legislative Management Committee. The fees collected by the
Joint Legislative Management Committee under this joint policy shall
be deposited in the State Treasury and credited to the appropriation for
legislative expenses specifically to cover the costs incurred in
administering this joint policy.

March 4, 1997

OF REPRESENTATIVES 45

1.4-Periodic Reports Required

(1) REPORTING DATES.-Each person who registers pursuant to
Joint Senate and House Rule 1.2 must submit to the Joint Legislative
Management Committee, on forms provided by the joint committee and
for each reporting period required by this rule, a signed and certified
statement listing all lobbying expenditures during the reporting period
and the sources of funds for those expenditures as required in this rule.
Reporting statements shall be filed no later than 45 days after the end of
the reporting period. Unless a special session is called, only two reports
are required each calendar year. The first report shall disclose
expenditures made from January 1 through the date of adjournment of
the regular session of the Legislature, including an extension, if any. The
second report shall disclose expenditures for the remainder of the
calendar year. However, whenever the Legislature convenes in a special
session, a separate, supplemental report is required which shall disclose
all expenditures incurred during the period since the end of the period
covered by the last previous report required to be filed through
adjournment of that special session. Following adjournment of a special
session for which a separate, supplemental report is required, the next
report required to be filed shall disclose all expenditures incurred from
the date of adjournment of that special session through the end of the
reporting period applicable to that next required report. It is the intent
of this rule that each reporting period be separate from every other
reporting period and that each expenditure be reported just once. In
addition, any reporting statement may be filed by electronic means, when
feasible.
(2) TIMELINESS OF REPORTS.-Reports shall be filed not later
than 5 p.m. of the report due date. However, any report that is
postmarked by the United States Postal Service no later than midnight
of the due date shall be deemed to have been filed in a timely manner. A
certificate of mailing obtained from and dated by the United States
Postal Service at the time of the mailing, or a receipt from an established
courier company which bears a date on or before the due date, shall be
proof of mailing in a timely manner.
(3) LOBBYISTS EXPENDITURE REPORT.-
(a) The Lobbyist's Expenditure Report shall include the name of the
lobbyist and the name of the principal on whom the report is prepared.
Expenditures for the reporting period shall be reported by the following
categories: Food and Beverages; Entertainment; Research;
Communications; Media Advertising; Publications; Travel; Lodging;
Special Events; and Other. For each expenditure category, the report
must identify the amount paid directly by the lobbyist, directly by the
principal, initiated or expended by the lobbyist and paid for by the
principal, or initiated or expended by the principal and paid for by the
lobbyist. Forms shall be provided by the Joint Legislative Management
Committee.
(b) A lobbyist shall file a Lobbyist's Expenditure Report for each
principal represented.
(c) When a principal has two or more lobbyists, the principal shall
designate one lobbyist who will be responsible for filing a report which
discloses the expenditures made directly by the principal and the
expenditures of the designated lobbyist on behalf of the principal. The
designated lobbyist is responsible for making a good faith effort to obtain
the figures reported as lobbying expenditures made by the principal.
(d) When there are multiple lobbyists, only the designated lobbyist is
to report expenditures made directly by the principal. When there are
multiple lobbyists, only unduplicated amounts should be reported for
expenditures initiated or expended by the lobbyist and paid for by the
principal.
(e) The principal is responsible for the accuracy of the figures
submitted to the lobbyist for reporting, and the lobbyist is responsible for
the accuracy of the figures reported as lobbying expenditures made by
that lobbyist.
(4) EXPENDITURES.-

(a)(4 Definitions MAN.1 NERE OF REPORTINC.-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

1.

All lobbying expnditurc oshall bo reportel er ar Individual

Lebbyizt's Expenditurz Report or n Cznzzlidated Empenditur! Report.
A* "Expenditure" means a payment, distribution, loan, advance,
reimbursement, deposit, or anything of value made or controlled,
directly or indirectly, by a lobbyist or principal for the purpose of
lobbying. Each r parting individual .hall make a god faith effrt to
report an .p.n:ditur: and tC report it in the appropriate category. If an
oexpnditurz fits in two or morze atcgzriee, it shall be reported in thz
category t which the expense primarily relate. Whn an xpcnditurc
is net within any defined .ategory, it .h.uld be reprtced in the "Other"
eategey. Expenditures shall be accounted for and reported on an either
-ea ah -e accrual accounting basis. The basi; sclzctcd hall bo
designated in the pace prc-:ided en the applicable expenditure report
and ohall s bo tho baoio oznoiitntly ud;, during tho Pntiro zalzndar yc-P,
for reporting quarterly and annual expenditurzz.

2. "Accrual accounting basis" means the method of accounting that
recognizes expenses during the period in which they are incurred
regardless of when they are actually paid.

(b)(4 Goodwill expenditures.-An expenditure shall be considered
to have been intended to be for the purpose of engendering goodwill if
it is a gift, an entertainment, any food or beverage, or any other item or
service of similar personal benefit to a member or an employee of the
Legislature, unless the member or employee is a relative of the lobbyist.
A relative is an individual who is related to the member or employee as
father, mother, son, daughter, brother, sister, uncle, aunt, first cousin,
nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother, half sister,
grandparent, great grandparent, grandchild, great grandchild, step
grandparent, step great grandparent, step grandchild, or step great
grandchild; any person who is engaged to be married to the member or
employee or who otherwise holds himself or herself out as or is generally
known as the person whom the member or employee intends to marry
or with whom the member or employee intends to form a household; or
any other natural person having the same legal residence as the
member or employee.

(c)(3 Expenditure categories.-Each reporting individual shall
make a good faith effort to report an expenditure and to report it in the
appropriate category. If an expenditure fits in two or more categories, it
shall be reported in the category to which the expense primarily relates.
When an expenditure is not within any defined category, it should be
reported in the "Other" category. The categories of expenditures used in
this rule are as follows:

()l.a. "Communications" means dissemination of information,
including, but not limited to, by means of the following:

I.a- Audio-visual materials; and

II.- Signs, placards, banners, buttons, promotional materials, and
other display materials;

together with any associated production services.

b.2, This category does not include media advertising, publications,
or research.

2.(b) "Entertainment" means amusement or recreation, including,
but not limited to, sporting, hunting, fishing, theatrical, artistic,
cultural, and musical activities or events.

3.(e) "Food and Beverages" means meals, snacks or other edible
substances, or liquids for drinking, including services associated
therewith.

4.(4) "Lodging" means sleeping or living accommodations for an
individual for one or more nights.

5.(e) "Media Advertising" means newspaper and magazine
advertising, radio and television advertising, and outdoor advertising,
including production services and copyrighting services.

1

46

March 4, 1997

6.4) "Other" means any item or service that is not included within
one of the specified categories, but does not include any item or service
that is not required by law to be reported.

7.(g) "Publications" means mass-produced, printed materials,
including, but not limited to, magazines, newsletters, brochures, or
pamphlets, which expressly encourage persons to communicate with
members or employees of the Legislature to influence the official actions
of members or employees of the Legislature or which are designed to
communicate with members or employees of the Legislature.

8.4h "Research" means procurement of information relating to a
specific issue, regardless of the form or medium in which that
information is provided, including, but not limited to, surveys, bill-
tracking services, information services, periodicals, and consultants or
consultant services to gather data or statistics.
9.(i) "Special Events" means large-scale occurrences, including, but
not limited to, receptions, banquets, dinners, or legislative days, to
which more than 250 persons are invited and for which the expenditures
associated with hosting the occurrence are negotiated with a catering
service or facility at a single, set price or which include multiple
expenditure categories.

10.(j) "Travel" means transporting an individual from one place to
another, regardless of the means used.

(d)(4 Items that are not expenditures.-The term "expenditure"
does not include:

1.W Contributions or expenditures reported pursuant to chapter
106, Florida Statutes; campaign-related personal services provided
without compensation by individuals volunteering their time; or any
other contribution or expenditure by a political party.

2.(b) A lobbyist's or principal's salary, office expenses, and personal
expenses for lodging, meals, and travel. If the principal is a firm,
corporation, association, or person, other than a natural person, the
office expenses of the entity and the salaries of the officers of the entity,
as well as expenses for their lodging, meals, and travel, are not lobbying
expenditures. Office expenses include, but are not limited to, payment
or obligation for rent or mortgage, utilities, postage, telephone service,
employees' salaries, furniture, copies, computers, software, paper
supplies, and custodial or maintenance services. Communications,
publications, and research are office expenses if performed or produced
by the lobbyist or principal or their employees. If those functions are
performed by independent contractors, other than the lobbyist or
principal or an affiliate controlled by the principal, they are
expenditures reportable under the appropriate expenditure category.
3.(e) If an expense is incurred for a nonlobbying business purpose
and the product of that expense is later used for a lobbying purpose, a
reportable expenditure is not created.

(e)() Valuation of expenditures.-
1.(a) In calculating the amount of aggregate expenditures, a lobbyist
or principal may, prior to prorating, round each entry up or down to the
nearest $5. A record is not required to be maintained for any amount
that rounds to zero.

2.(b) The amount to be reported for an expenditure shall be
determined using the actual cost to the lobbyist or principal or other
person making the payment on behalf of the lobbyist or principal, less
any compensation received by such lobbyist or principal in payment for
the object of the expenditure. If a lobbyist or principal makes a
contribution to an expenditure by another lobbyist or principal, the
person making the contribution shall report the amount of the
contribution as an expenditure, and the person receiving the
contribution shall subtract the value of the contribution from the
expenditure to be reported by that person.

3.(e) When a lobbyist has multiple principals, expenditures made for
the purpose of engendering goodwill that are not attributable to one
principal may be prorated among the lobbyist's principals or may be
attributed to one principal.

March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

4.(4) When a lobbyist has multiple principals, expenditures for
research or other expenditures that may benefit several principals may
be reported to the principal for whom the research was done or other
expenditures incurred or prorated to those principals that may benefit
from the research or other expenditures.

5.(e) The amount reported as an expenditure shall not include the
amount of any additional expenses that are required as a condition
precedent to eligibility to make an expenditure if the amount expended
for the condition precedent is primarily intended to be for a purpose
other than lobbying or if it is paid to a charitable organization. If the
amount expended for the condition precedent is primarily intended to be
for a lobbying purpose and is not paid to a charitable organization, the
total amount of the expenditure shall be reported as a lobbying
expenditure. Initiation fees, membership fees, and booster fees are
examples, although not exclusive examples, of additional expenses that
are regularly required as conditions precedent for eligibility to make
other expenditures.

6.(4 A person providing transportation in a private automobile shall
be considered to be making an expenditure at the rate of 20 cents per
mile, and the amount of an expenditure made for transportation
provided in other private conveyances shall be determined in accordance
with the provisions of section 112.3148(7), Florida Statutes.

7.(g) A person providing lodging in a private residence shall be
considered to be making an expenditure of $29 per night.

8.(h4 Expenditures made for more than one person may be
attributed, on a pro rata basis, among all of the persons for whom the
expenditure is made.

(5) AGGREGATION OF EXPENDITURE FIGURES.-For each
reporting period, the Joint Legislative Management Committee shall
aggregate the expenditures reported by all of the lobbyists for a principal
represented by more than one lobbyist. Following the last report for each
calendar year, the Joint Legislative Management Committee shall
provide a total of expenditures reported as spent by and on behalf of each
principal for that calendar year.

(6) INDIVIDUAL LOBBYIST'S EXPE-NDITURE REPORT.

(b-u) Eah lobby
Muat ArAvida An

Lobbyi t's-

decignated lobbyist, who shall attach all th e 1

i Expenditure Report
iture Report t9 tha
[Adividual LAbbyiat'a

"rimn3nitunr2i K RAnaru r f nawtp r-nRia"l a ". Alu n -nnin lviuae n l

Lebbyist'-

Expenditure Repr.. of the donign.ated l .bbyi't, tA the

Conoolidatod Expenditure Report. The designated lebbylat iz
responsible for attaching each Individual Labbyiot'o Expenditure Repprt
to the Conaolidated Exp.nditura Report and ^ ompleting tha
Coaaalidated Expenditure Report. The designated lobbyist is

RT onihiDA .ir maf1 21,a f ...:.2 ;oA- 0D,'h a-ta4i I .

rtef

pditur mad by th principal; howvr, the principal-

In tnP 'rn nonn~rnn nii' mnn ncurrnn nunmitlf

-!-- -y t----h ---- ---- "_^
lobbyist by the principal. The d
the failure f another lebbyis
T- 1 _- --J i 1 -

esignated lobbyist is i
t t8 provide the --d
mated labbyist and is:

ene nthrco of y Individual bbit
by another lobbyist.

Det

II8

Reaert submitted

r. multiple lobbyi.tf., only tho d(
iiturao made directly by th

-nw-

3iiditiure epur&..vnu terem ure mu bv lobbyiste,
I am..unt oh..uld be r-eported for cxpenitures
led by the lobbyist and paid for by the principal.

1.5-Penalties for Late Filing

(1) Upon determining that a report is late, the person designated to
review the timeliness of reports shall immediately notify the lobbyist as
to the failure to timely file the report and that a fine is being assessed for
each late day. The fine shall be $50 per day per report for each late day.

(2) Upon receipt of the report, the person designated to review the
timeliness of reports shall determine the amount of the fine due based
upon the earliest of the following:

(a) When a report is actually received by the lobbyist registration and
reporting office;

(b) When the report is postmarked;

(a) When
quarterly, t
bebbyiet'- 4
be-islativ^e-

a prinaipal haa only one
provided in Joint Senate an

-Repe4t

j enmmittee.

of tha lobbyiot and the name of the principal on w
prepared. Expenditurpo for the quarter hall be

"l..wing .at.g.. ... roF d ana Bcve.
C.mmuniati-on; Maedia Adv.rti.ing;
Special Events; and Other. For eaah
- "- :-.iiL

principal, initiataa or eu
principal, or initiated or
lobbyist. The report filed
for the calendar year.

(c) When the certificate of mailing is dated; or
T.111.._-mmtt1 -m

ed by the-Joint
1 inaludA the nama
hem the report is
reported by the
Rinmant: Raasrahp

Publicatnieft ; Travyl; Lodging;
3xpendituro category, the report
y by the lobbyist, directly by the

pendeld b thea lebbvist

anna -rnmn Tar ntna

d by the principal and paid for by the
Ar; IF RhAll PAntain P4umilativP tatAIA

(d) When the receipt from an established courier company is dated.

(3) Such fine shall be paid within 20 days after receipt of the notice
of payment due, unless appeal is made to the Joint Legislative
Management Committee. The moneys shall be deposited into the
Legislative Lobbyist Registration Trust Fund.

(4) A fine shall not be assessed against a lobbyist the first time any
reports for which the lobbyist is responsible are not timely filed. However,
to receive this one-time fine waiver, all reports for which the lobbyist is
responsible must be filed within 20 days after receipt of notice that any
reports have not been timely filed. A fine shall be assessed for any
subsequent late-filed reports.

p eeen

, unless a

I to ba filed for that prinAipi

(7) COTNSOLI 0- DATED

(a) -W.hen a principal'
ipiaenata one lebbvist wh

is4

EXPENDITURE REPORT.

.i.11lbe-

dit...pe .. (5) The person designated to review the timeliness of reports shall
E nditure notify the Joint Legislative Management Committee of the failure of a
lobbyist to file a report after notice or of the failure of a lobbyist to pay
the fine imposed.

lobbyists. the principal shall

ture Report. Every lobbyist se designated shall file qu
I n ,aJint S.nate. and r oue Rule 1.2, a G
turo RepArt on forms provided by the Joint I
iant Committee. The CAnAoolidatod Expenditur R

for that principal. A

ff

total by the
inmentl-Ree
ttftt ftt
: t ; t-1 : e

-a
dit

;Publicatiens; Travel; Lodging; Special I
II ~- 11 -L ..- -- I.....----. r-

Expenditure Report filed
for the calendar year.

1.6-Appeal of Fines; Hearings; Unusual Circumstances

nlidatd (1) A lobbyist wishing to appeal or dispute a fine imposed in
rtrly, a accordance with Joint Senate and House Rule 1.5 shall file with the
noelidated Lobbyist Registration Office of the Joint Legislative Management
Lcgiolative Committee a notice of appeal within 20 days after the date of receipt of
peot -ehall the notice of payment due, setting out with specificity the unusual
e elbbyists circumstances surrounding the failure to file on the designated due date.
tegerie -e f A request for a hearing on the matter before the Joint Legislative
ieoatiensez Management Committee must be made within the same 20-day period.
vents.; and The notice of appeal may be accompanied by any documentation or
neelidated evidence supporting the claim. Failure to timely file a notice of appeal as
itiv'e ttale described in this subsection shall constitute a waiver of the right to
appeal or to dispute a fine.

47

Media Adve
nm..n

en-

" C .P..

9"p

-RE

ttt

adrit

.....s jvs

Cconsnlidaincd

^LL_;_L_

in n
initial,

vtstU tI1e lebyis

----;-

rtmtnrrrt

H.

RE[WHIUR!

eVw

-
Man
-

LC&

tW

.U

-

k;} .:i ;

te

I"-'I''

more

h1- fer fili;^n thef

'V'

eE

ttt

te een-4he

-ie-
k eufn

mrarn

ett~

^-

sa& l lt

r-_

TT-.... __ .1- 1 r1 --T.

-p- _._ -.

-j ......-

pairdr Aruu ur

-% A 11-.1_..- .1 1 1 ^--

h `---

g-6

efthen

T- _- -I *. t

48 JOURNAL OF THE HOUSE

(2) The Joint Legislative Management Committee may waive the fine
in whole or in part for good cause shown based on the unusual
circumstances presented by the lobbyist.
(3) The term "unusual circumstances" for the purposes of this rule
means uncommon, rare, or sudden events over which the person has no
control and which directly result in the failure to meet the filing
requirements.
1.74-4-Questions Regarding Registration

(1) A person may request in writing an informal opinion from the
general counsel of the Joint Legislative Management Committee as to
the application of this rule to a specific situation. The general counsel
shall issue the opinion within 10 days after receiving the request. The
informal opinion may be relied upon by the person who requested the
informal opinion. A copy of each informal opinion which is issued shall
be provided to the presiding officer of each house. The committees
designated under section 11.045(4), Florida Statutes, may revise any
informal opinion rendered by the general counsel through an advisory
opinion to the person who requested the informal opinion. The advisory
opinion shall supersede the informal opinion as of the date the advisory
opinion is issued.
(2) Persons in doubt about the applicability or interpretation of this
rule may submit in writing the facts for an advisory opinion to the
committee of the respective house designated pursuant to section
11.045(4), Florida Statutes, and may appear in person before the
committee in accordance with section 11.045(4), Florida Statutes.
1.84-6--Open Records

All of the lobbyist registration and expenditure reports received by the
Joint Legislative Management Committee shall be available for public
inspection and for duplication at reasonable cost.
1.94---Records Retention and Inspection

Each lobbyist and each principal shall preserve for a period of 4 years
all accounts, bills, receipts, computer records, books, papers, and other
documents and records necessary to substantiate lobbying
expenditures. Upon receipt of a complaint based upon the personal
knowledge of the complainant made pursuant to the Senate Rules or
Rules of the House of Representatives, any such documents and records
may be inspected when authorized by the President of the Senate or the
Speaker of the House of Representatives, as applicable. The person
authorized to perform the inspection shall be designated in writing and
shall be a member of The Florida Bar or a certified public accountant
licensed in Florida. Any information obtained by such an inspection may
only be used for purposes authorized by law, this rule, Senate Rules, or
Rules of the House of Representatives, which purposes may include the
imposition of sanctions against a person subject to this rule or Senate
Rules or the Rules of the House of Representatives. Any employee who
uses that information for an unauthorized purpose is subject to
discipline. Any member who uses that information for an unauthorized
purpose is subject to discipline under the applicable rules of each house.
The right of inspection may be enforced by appropriate writ issued by
any court of competent jurisdiction.

(1) For tho period from July 1, 1003, to Soptombor 30, 1003, tho
atatemint of expondituroc required by oootion 11.045, Florida Statuteo
(1001), hall ho filod no lator than January 15, 1001. For the period from
Ootobor 1, 100l to De ember 31, 1003, tho applicable lobbyist report
hall bo filed ao provided in Joint Senate and Houoo Rule 1.4; however,
oumulativo tetalo or: not roquirod for calendar yoar 1993.

(2) Until Janur.y 1, 1905, tho annual foe is $50 pCr each houoo of the
Legielaturo for a person to register to reprocont a -prinoipal and an
additional $10 por houoo for oo. h additional prinoipOl that tho por.on
rogiotero to roprcc.nt.
(3) For poro-on who have paid tho rogiotration fe-o for th: period July
1, 1092, to Juno 30, 1904, tho registration is valid through Juno 30,
1904, and thooo poroono may ronow thoir rogiotration fer calendar year
1004 at a rate of one half the rate opeoifiod in oubhootion (2). Thooo
renewal rogiotrationo expire on December 31, 1994.

E OF REPRESENTATIVES

March 4, 1997

(4) All poroono who -;ro rqguirtd to rogotr under Joint Senate and
--was Ruead One firs it time byd entitle. On motionr 1, 1Rep3, and wh regi rulesd
botwere that date and the date f adoption oath rviid te ono to Joi
S natle and aHouoe R der e uby lthi h concurrent resolution, but who,
under the revioieono to point Senate and Houo Rul On: by thi.
conurrent rFoolution arC no longer required to regiotor, may, within 141
dayo after adoption of the rovioiono to Joint Senate and Houo: Rule One
by thie Comnurrmnt ron Ruleu withdraw frtions, & Ethics; Rereen iv e
Thrasher and fCr paid.-

(5) AOrll prgn whe wolr not roqutind Joint Rules 2-7 of thSenatlor
and Houso Rule One as it oxiotod on Ootober 1, 109, but who aro
required to regioter under the rovioiono to Joint Senate and Houoo Rul:
Ono by thia rrnent rcoolution, r givn until January 1, 1001, to
comply with thure rogitration roquiromont of thi rule.

-was read the first time by title. On motion by Rep. Crady, the rules
were suspended 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.
By the Committee on Rules, Resolutions, & Ethics; Representatives
Thrasher and Crady-

HR 5-Org.-A resolution adopting Joint Rules 2-7 of the Florida
Legislature.

Be It Resolved by the House of Representatives of the State of Florida:
That the following Joint Rules of the Florida Legislature are hereby
adopted:
Joint Rule Two
General Appropriations Review Period

2.1-General Appropriations Bill; Review Period
(1) A general appropriations bill shall be subject to a 72-hour public
review period before a vote is taken on final passage in the house in
which the bill originates.
(2) A review period is not required prior to a vote being taken on
final passage of the same bill in the nonoriginating house, provided the
bill is not amended. If a bill is amended, the amendment being a bill
previously furnished pursuant to this rule, another review period is not
required. If, however, a bill as amended is not a bill previously furnished
pursuant to this rule, another 72-hour public review period shall be
provided before a vote is taken on final passage.

(3) If a bill is returned to the house in which the bill originated and
the originating house does not concur in all the amendments or adds
additional amendments, no further action shall be taken on the bill by
the nonoriginating house, and a conference committee shall be
established by operation of this rule to consider the bill.
(4) If a bill is referred to a conference committee by operation of this
rule, a 72-hour public review period shall be provided prior to a vote
being taken on the conference committee report by either house.

(5) A copy of the bill, a copy of the bill with amendments adopted by
the nonoriginating house, or the conference committee report shall be
furnished to each member of the Legislature, the Governor, the Chief
Justice of the Supreme Court, and each member of the Cabinet. Copies
for the Governor, Chief Justice, and members of the Cabinet shall be
furnished to the official's office in the Capitol or Supreme Court
Building. A member's copy shall be furnished to the member's desk in
the appropriate chamber. The Secretary of the Senate shall be
responsible for furnishing copies under this rule for Senate bills, House
bills as amended by the Senate, and conference committee reports on
Senate bills. The Clerk of the House shall be responsible for furnishing
copies under this rule for House bills, Senate bills as amended by the
House, and conference committee reports on House bills.
(6) The 72-hour public review period shall begin to run upon
completion of the furnishing of copies required to be provided herein.
The Speaker of the House or the President of the Senate, as appropriate,
shall be informed of the completion time and such time shall be

__ __ __ ____

__ ____

JOURNAL OF THE HOUSI

announced on the floor prior to vote on final passage in each house and
shall be entered in the journal of each house. Saturday, Sundays, and
holidays shall be included in the computation under this rule.
2.2-General Appropriations Bill; Definition
For the purposes of Joint Rule 2, the term "general appropriations
bill" means a bill which provides for the salaries of public officers and
other current expenses of the state and contains no subject other than
appropriations. A bill which contains appropriations which are
incidental and necessary solely to implement a substantive law is not
included within this term.
Joint Rule Three
Joint Legislative Management Committee
3.1 Administration and Rulemaking
(1) The Joint Legislative Management Committee shall meet at
times and places necessary to perform the functions assigned to it.
(2) The joint committee shall adopt rules and policies for its own
organization and operation and for the organization and operation of its
divisions as is deemed advisable to carry out the functions of the joint
committee. It shall have general administrative responsibility for the
operation of such divisions.
(3) Action by a majority vote of the membership of the joint
committee shall control and be conclusive on any matter considered by
the joint committee.
3.2 Executive Director
(1) The joint committee shall appoint its executive director by
majority vote.
(2) The executive director shall coordinate the activities of all of the
divisions of the joint committee and shall have authority to hire and
remove personnel of the joint committee and its divisions.
3.3 Responsibilities
The joint committee shall be responsible for the following:
(1) Maintaining a library adequate for the needs of the Legislature.
(2) Maintaining a permanent and continuous statutory revision plan
as provided in ss. 11.242-11.246, Florida Statutes, including periodic
publication of the Florida Statutes.
(3) Maintaining a bill status system, supplying such information
relating to all profiled bills and all bills introduced during legislative
sessions as the joint committee may deem necessary.
(4) Coordinating all matters relative to legislative printing and
carrying out all duties assigned to the joint committee by chapter 283,
Florida Statutes, and as otherwise assigned to it.
(5) Developing and administering policies for distributing free or
reduced-cost copies of the Florida Statutes to the state's law schools and
to other officers and institutions of state and local government based on
specific need and circumstances.
(6) Adopting, with the approval of the President of the Senate and
the Speaker of the House of Representatives, and administering a
uniform personnel, job classification, and pay plan for all legislative
employees, and maintaining salary information that provides a basis for
reviewing whether the legislative pay plan is competitive.
(7) Preparing all payrolls for the Legislature, including the
certification of vouchers and transmission of same to the Comptroller,
and maintaining the required and necessary payroll records.
(8) Developing and administering uniform policies relating to the
purchase or acquisition of all supplies, capital outlay items, and other
commodities required for the proper functioning of the Legislature.
(9) Developing and administering uniform policies relating to
keeping an inventory record of capital outlay items owned and
purchased by the Legislature.

March 4, 1997

SOF REPRESENTATIVES 49

(10) Issuing and approving all purchase orders under the authority
of the joint committee.
(11) Ascertaining that proper authorization has been obtained, and
preparing and certifying all vouchers for expense and capital outlay
expenditures. Expenditures chargeable to the Senate shall be approved
by the President or the President's duly authorized agent; expenditures
chargeable to the House of Representatives shall be approved by the
Speaker or the Speaker's duly authorized agent; expenditures
chargeable to the joint committee and other units of the Legislature
shall be approved by the joint committee or its duly authorized agent.
(12) Maintaining records and preparing reports of disbursements
from the legislative appropriation by offices, divisions, or departments,
including standing committees, or other categories as needed, indicating
a breakdown as to type of disbursements.
(13) Preparing suggested budgets in conformity with s. 216.023,
Florida Statutes, for all expenditures of each house, the joint committee,
and other units of the Legislature and submitting same to the respective
presiding officers for their final approval before transmission to the
Executive Office of the Governor.
(14) Contracting with a certified public accountant licensed under
the Public Accountancy Law of this state for an annual audit of the
financial records and reports of the Legislature and delivering such
audit to the President of the Senate, the Speaker of the House of
Representatives, and the members of the joint committee.
(15) Entering into such other contracts as it shall deem necessary in
the performance of its functions.

(16) Publishing a handbook of all policies affecting the
administration of the joint committee and its divisions and the joint
administration of the Legislature.
(17) Carrying on such other functions as are determined by the joint
committee, with the consent of the presiding officers of both houses of
the Legislature, to be joint functions.
Joint Rule Four
Joint Legislative Auditing Committee
4.1 Responsibilities

(1) On or before December 31 of the year following each decennial
census, the Legislative Auditing Committee shall review the
performance of the Auditor General and shall submit a report to the
Legislature which recommends whether the Auditor General should
continue to serve in office.
(2) The expenses of the members of the committee shall be approved
by the chair of the committee and paid from the appropriation for
legislative expense.
(3) The committee shall review the budget request submitted by the
Auditor General and the Office of Program Policy Analysis and
Government Accountability and may amend or change it as deemed
necessary. The budget request, as amended or changed by the
committee, shall become the operating budget of the Auditor General or
the Office of Program Policy Analysis and Government Accountability
for the ensuing fiscal year; provided that the budget so adopted may
subsequently be amended under the same procedure.
(4) The committee shall submit to the Joint Legislative Management
Committee, for planning purposes only, an estimate of the financial
needs of the committee, the Auditor General, and the Office of Program
Policy Analysis and Government Accountability.
(5) The committee may at any time, without regard to whether the
Legislature is in session, take under investigation any matter within the
scope of an audit either completed or then being conducted by the
Auditor General or the Office of Program Policy Analysis and
Government Accountability, and in connection with such investigation
may exercise the powers of subpoena by law vested in a standing
committee of the Legislature.

50 JOURNAL OF THE HOUSE

(6) The committee shall review the performance of the director of the
Office of Program Policy Analysis and Government Accountability every
4 years and shall submit a report to the Legislature recommending
whether the director should be reappointed. A vacancy in the office must
be filled in the same manner as the original appointment.

(7) Upon completion of the initial program evaluation and
justification review of each state agency listed in s. 216.0172, Florida
Statutes, the Office of Program Policy Analysis and Government
Accountability shall conduct such reviews only at the direction of the
Legislative Auditing Committee.

4.2 Annual audit of financial records

(1) The Legislative Auditing Committee shall contract with a
certified public accountant licensed under chapter 473, Florida Statutes,
for an annual audit of the financial records of the Legislative Auditing
Committee, the Auditor General, and the Office of Program Policy
Analysis and Government Accountability.

(2) Copies of the audit shall be delivered to the President of the
Senate, the Speaker of the House of Representatives, the Auditor
General or the director of the Office of Program Policy Analysis and
Government Accountability, as appropriate, and the members of the
Legislative Auditing Committee.
Joint Rule Five
Auditor General

5.1 Rulemaking authority

The Auditor General shall make and enforce reasonable rules and
regulations necessary to facilitate audits which he or she is authorized
to perform.
5.2 Budget and accounting

(1) The Auditor General shall prepare and submit annually to the
Joint Legislative Auditing Committee a proposed budget for the ensuing
fiscal year. The committee shall review the budget request and may
amend or change the budget request as it deems necessary. The budget
request, as amended or changed by the committee, shall become the
operating budget of the Auditor General for the ensuing fiscal year;
provided that the budget so adopted may subsequently be amended
under the same procedure.

(2) Within the limitations of the approved operating budget, the
salaries and expenses of the Auditor General and the staff of the Auditor
General shall be paid from the appropriation for legislative expense or
any other moneys appropriated by the Legislature for that purpose. The
Auditor General shall approve all bills for salaries and expenses, except
expenses of members of the Legislative Auditing Committee, before the
same shall be paid.

5.3 Audit report distribution

(1) A copy of each audit report shall be submitted to the Governor,
to the Comptroller, and to the officer or person in charge of the state
agency or political subdivision audited. One copy shall be filed as a
permanent public record in the office of the Auditor General. In the case
of county reports, one copy of the report of each county office, school
district, or other district audited shall be submitted to the board of
county commissioners of the county in which the audit was made and
shall be filed in the office of the clerk of the circuit court of that county
as a public record. When an audit is made of the records of the district
school board, a copy of the audit report shall also be filed with the
district school board, and thereupon such report shall become a part of
the public records of such board.

(2) A copy of each audit report shall be made available to each
member of the Legislative Auditing Committee.
(3) Other copies may be furnished to other persons who, as in the
opinion of the Auditor General, may be directly interested in the audit
or who may have some duty to perform in connection therewith.

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OF REPRESENTATIVES March 4, 1997

Joint Rule Six
Office of Program Policy Analysis and Government Accountability
6.1 Responsibilities of the director

(1) The director may adopt and enforce reasonable rules necessary
to facilitate the studies, reviews, and reports that the office is authorized
to perform.
(2) The director, with the consent of the Legislative Auditing
Committee, may enter into contracts on behalf of the Office of Program
Policy Analysis and Government Accountability.
(3) The director shall prepare and submit annually to the Legislative
Auditing Committee a proposed budget for the ensuing fiscal year. The
committee shall review the budget request and may amend or change
the budget request as it deems necessary. The budget request shall
become the operating budget of the Office of Program Policy Analysis
and Government Accountability for the ensuing fiscal year; provided
that the budget so adopted may subsequently be amended under the
same procedure.
(4) Within the limitations of the approved operating budget, the
salaries and expenses of the director and the staff of the Office of
Program Policy Analysis and Government Accountability shall be paid
from the appropriation for legislative expense or any other moneys
appropriated by the Legislature for that purpose. The director shall
approve all bills for salaries and expenses before the same shall be paid.
Joint Rule Seven
Continuing Existence of Joint Rules

7.1 Continuing Existence of Joint Rules
All joint rules adopted by concurrent resolution, and amendments
thereto, shall continue in effect from session to session or Legislature to
Legislature until repealed by concurrent resolution.
-was read the first time by title. On motion by Rep. Crady, the
resolution was read the second time by title and adopted.

Motion to Adjourn

Rep. Thrasher moved that the House adjourn for the purpose of
holding committee meetings and conducting other House business, to
reconvene at 8:30 a.m., Wednesday, March 5. The motion was agreed to.

Introduction and Reference
HB 1-SF-Withdrawn

By Representatives Starks, Bitner, Arnall, Ball, Posey, Feeney, Lynn,
Kosmas, Livingston, and Trovillion-

HB 3-A bill to be entitled An act relating to unemployment
compensation; requiring a reduction in certain contribution rates for 1
year; amending s. 443.111, F.S.; increasing the maximum weekly
benefit amount for unemployment compensation benefits; providing an
effective date.

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

HB 5-Withdrawn

By Representative Morse-

HB 7-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; limiting application; providing
an effective date.

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Miller-

HB 9-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.; providing an exemption from a
requirement 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 Financial Services and Education/
K-12.

By Representatives Saunders, Fasano, Feeney, Brooks, Argenziano,
and Rodriguez-Chomat-

HB 11-A bill to be entitled An act relating to victim assistance;
amending s. 960.001, F.S.; providing that the victim of a crime and the
state attorney, upon the victim's consent, have standing to assert the
rights of the victim; providing an effective date.

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

HB 13-Withdrawn
By Representatives Rodriguez-Chomat, Argenziano, and Feeney-

HB 15-A bill to be entitled An act relating to the lottery; amending
s. 24.115, F.S.; providing for reducing prize amounts under certain
circumstances; providing duties of the Department of the Lottery;
providing an effective date.

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

By Representatives Rodriguez-Chomat, Barreiro, Garcia, Morse,
Betancourt, Lacasa, Valdes, and Villalobos-

HB 17-A bill to be entitled An act relating to welfare reform;
prohibiting certain discrimination in the provision of Medicaid and
other public assistance; providing for certain assistance to legal
residents of the United States; providing conditions; providing an
effective date.

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

By Representative Saunders-

HB 19-A bill to be entitled An act relating to saltwater fisheries;
amending s. 370.0605, F.S.; providing a fee for a saltwater fishing
license for fishing from any pier attached to the land at the discretion
of the owner, operator, or custodian of the pier; providing an exemption
from saltwater fishing license requirements; providing an effective date.

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

By Representatives Crow, Posey, Starks, Brooks, Feeney, Bainter,
and Byrd-

HB 21-A bill to be entitled An act relating to civil actions; amending
s. 776.085, F.S.; prohibiting recovery for damages by a person who, with
criminal intent, has entered another's property or committed a crime
against another's person or property; providing exceptions; providing for
nonapplicability of specified provisions when the person committing or
attempting to commit the crime has "clearly retreated," as defined, from
the criminal activity; providing an effective date.

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

By Representative Crow-

HB 23-A bill to be entitled An act relating to probate; amending s.
732.201, F.S.; revising language with respect to the right to elective
share; creating s. 732.2025, F.S.; providing definitions; creating s.
732.2035, F.S.; providing for property entering into the elective estate;
creating s. 732.2045, F.S.; providing for exclusions and overlapping
application; amending s. 732.205, F.S.; providing for the valuation of the
elective estate; amending s. 732.206, F.S.; providing for the elective
share amount; amending s. 732.207, F.S.; providing for the sources from
which the elective share is payable; providing for abatement; amending
s. 732.208, F.S.; providing for the liability of direct recipients and
beneficiaries; amending s. 732.209, F.S.; providing for the valuation of
the property used to satisfy the elective share; amending s. 732.210,
F.S.; providing for the effect of the election on other interests; amending
s. 732.211, F.S.; providing for the protection of payors and other third
parties; amending s. 732.212, F.S.; providing who may exercise the right
of election; amending s. 732.213, F.S.; providing for the time of election;
providing for extensions and for withdrawal; amending s. 732.214, F.S.;
providing for the order of contribution; providing for the personal
representative's duty to collect contributions; amending s. 732.215, F.S.;
providing for the effective date, the effect of prior waivers, and
transition rules; providing an effective date.

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

By Representatives Brennan and Starks-

HB 25-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 Civil Justice & Claims and Health
Care Services.
HB 27-Withdrawn

By Representative Greene-

HB 29-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 General Government Appropriations.

By Representative Greene-

HB 31-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 Rules & Regulations
and Finance & Taxation.

HB 33-Withdrawn

By Representatives Greene and Villalobos-

HB 35-A bill to be entitled An act relating to victim and witness
protection protocol; creating s. 914.25, F.S.; providing for the
coordination of specified victim and witness special protection services
for victims and witnesses at risk of harm by virtue of cooperation in
cases involving serious felonies; providing for certification by the state

March 4, 1997

51

52 JOURNAL OF THE HOUSE

attorney or statewide prosecutor; authorizing relocation of the victims
or witnesses, with assistance from the Department of Law Enforcement;
creating s. 914.26, F.S.; establishing a Victim and Witness Protection
Review Committee within the Florida Violent Crime Council and
providing for membership and duties; providing for per diem and travel
expenses of members; providing for reimbursements by the committee
for protection or relocation services; providing an appropriation;
providing an effective date.

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

By Representatives Stafford, Wasserman Schultz, Smith, Roberts-
Burke, Heyman, Peaden, Cosgrove, Frankel, Futch, Brown, Maygarden,
Jacobs, Spratt, Dawson-White, Geller, Healey, Logan, Lynn, Merchant,
Murman, Ritter, Sanderson, Kelly, Mackenzie, Posey, Rayson, Rojas,
Greene, Bloom, Eggelletion, Culp, D. Prewitt, Saunders, Livingston,
and Casey-

HB 37-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. 641.438, 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 Health Care Services.
By Representative Stabins-
HB 39-A bill to be entitled An act relating to public records;
amending s. 28.24, F.S.; providing that the fee to be charged by clerks
of the circuit court for making copies of public records other than those
recorded in the Official Records books of a specified size shall be as
provided in s. 119.07, F.S.; providing an effective date.

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

By Representatives Brennan, Ritter, and Fischer-

HB 41-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 Health Care Services and General
Government Appropriations.
By Representatives Valdes, Feeney, Fasano, Byrd, and Rodriguez-
Chomat-
HB 43-A bill to be entitled An act relating to education; amending
ss. 232.246 and 232.2465, F.S.; revising high school graduation

E

OF REPRESENTATIVES March 4, 1997

requirements to include study of the Constitution of the United States;
providing an effective date.

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

HB 45-A bill to be entitled An act relating to pupil progression;
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; requiring
reading courses under certain circumstances; 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 ss. 229.565 and 233.011, F.S.;
correcting cross references; amending s. 240.116, F.S.; requiring the
development of standards for dual enrollment courses; 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 Education/K-12.

By Representative Chestnut-

HB 47-A bill to be entitled An act relating to education funding;
amending s. 24.121, F.S.; revising provisions relating to apportionment
and expenditure of funds in the Educational Enhancement Trust Fund;
amending ss. 229.592 and 230.23, F.S.; correcting cross references;
amending s. 240.4024, F.S., relating to the Florida Postsecondary
Tuition Program; expanding eligible institutions; providing for initial
awards; providing an effective date.

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

By Representatives Albright, Brooks, Argenziano, Fasano, Byrd,
Bainter, and Rodriguez-Chomat-

HB 49-A bill to be entitled An act relating to sexual offenders;
amending s. 944.606, F.S.; deleting language preventing the Florida
Department of Law Enforcement or any law enforcement agency from
notifying the community and the general public of a sexual offender's
presence in the community; providing an effective date.

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

By Representatives Warner, Feeney, Ritter, and Merchant-

HJR 51-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/K-12 and Rules,
Resolutions, & Ethics.

By Representative Warner-

HB 53-A bill to be entitled An act relating to limited licensure of
physicians; amending ss. 458.317 and 459.0075, F.S.; eliminating the
requirement that a physician or osteopathic physician be retired as a
condition of being issued a limited license; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care Standards & Regulatory
Reform.

JOURNAL OF THE HOUSE

By Representatives Morse and Feeney-

HB 55-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 Family Law & Children.
By Representatives Ball and Feeney-

HB 57-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
certain portions of natural water bodies within approved rights-of-way
or drainage easements; providing limitations; providing an effective
date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water & Resource Management and
General Government Appropriations.
By Representatives Ball and Feeney-

HB 59-A bill to be entitled An act relating to education; amending
s. 229,602, F.S., relating to private sector and education partnerships;
revising provisions relating to teacher/quest partnership projects;
amending s. 240.4082, F.S.; revising requirements of teacher/quest
scholarship projects; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12 and Education
Appropriations.
By Representatives Constantine and Feeney-
HB 61-A bill to be entitled An act relating to battery; creating s.
784.041, F.S.; defining the offense of felony battery, and providing
penalties therefore; amending s. 921.0012, F.S., relating to sentencing
guidelines offense levels; providing for classification of felony battery
offenses in the level 6 category of 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 Crime & Punishment and Criminal
Justice Appropriations.
By Representatives Constantine and Feeney-

HB 63-A bill to be entitled An act relating to tax administration;
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 and Finance &
Taxation.

By Representative Constantine-

HB 65-A bill to be entitled An act relating to crime prevention
assistance; repealing ss. 426.001, 426.002, 426.003, 426.004, 426.005,
426.006, 426.007, 426.008, and 426.009, F.S., relating to crime
prevention assistance; amending ss. 775.0836 and 939.015, F.S., to
conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Crime & Punishment.

March 4, 1997

OF REPRESENTATIVES 53

HB 67-Withdrawn

By Representative Valdes-

HB 69-A bill to be entitled An act relating to the Department of
Health; creating s. 381.0075, F.S.; providing for regulation of body
piercing by the department; providing definitions; providing
exemptions; requiring a license to operate a body-piercing salon;
providing licensing procedures and fees; prohibiting body piercing of a
minor without consent of a parent or legal guardian; prohibiting other
acts; providing penalties; providing for injunction; providing for
enforcement; providing rulemaking authority; providing specific
requirements for body-piercing salons; providing an effective date.

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

Referred to the Committee(s) on Health Care Standards & Regulatory
Reform and Finance & Taxation.

By Representatives Rojas and Diaz de la Portilla-

HB 71-A bill to be entitled An act relating to a professional
journalist's privilege; creating s. 90.5015, F.S.; providing definitions;
providing to a professional journalist the privilege not to be a witness
concerning, and not to disclose any matter or produce an object, writing,
or recording revealing, certain information; providing for a hearing,
specified showing, and a court order for disclosure of certain
nonconfidential information; prescribing guidelines with respect to
nonwaiver and construction of the privilege; providing for severability;
providing an effective date.

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

Referred to the Committee(s) on Civil Justice & Claims.

By Representatives Bradley and Feeney-

HB 73-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.04, F.S.; exempting admissions to
certain collegiate tournament games and baseball all-star games 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 and Finance & Taxation.

By Representatives Crow and Feeney-

HB 75-A bill to be entitled An act relating to elections; amending s.
106.143, F.S.; providing conditions for political advertisements;
providing additional requirements for specified political
advertisements; providing a penalty; creating s. 106.1431, F.S.;
requiring specific disclosures during telephone calls made in relation to
a candidate, ballot proposal, or political organization; providing
conditions for telephone solicitations; providing a penalty; creating s.
106.1432, F.S.; requiring the appointment of a registered agent for a
person providing political campaign services or products before that
person conducts business; requiring the filing of such appointment with
the Division of Elections of the Department of State; providing a
penalty; creating s. 106.1433, F.S.; requiring disclosure of messages
accessible by computer or other medium; providing an effective date.

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

Referred to the Committee(s) on Election Reform.

By Representatives Futch and Feeney-

HB 77-A bill to be entitled An act relating to the Florida Uniform
Disposition of Traffic Infractions Act; amending s. 318.18, F.S.;
providing a limitation on court costs and administrative costs with
respect to civil penalties for traffic infractions; providing an effective
date.

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

54 JOURNAL OF THE HOUSE

By Representatives Heyman, Jacobs, Futch, Cosgrove, Brown,
Merchant, Kelly, Turnbull, and Constantine-

HB 79-A bill to be entitled An act relating to motor vehicle licenses;
amending s. 320.06, F.S.; eliminating the requirement that a permanent
validation sticker be issued in connection with each license plate and
revising requirements relating to the annual validation sticker;
requiring that an annual validation decal be issued in connection with
each license plate in addition to the annual validation sticker; providing
exemptions; 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, 320.0607, 320.0657, 320.084, 320.10, and
921.0012, F.S., relating to service charges, replacement plates and
decals, 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, Crime &
Punishment, and Transportation & Economic Development
Appropriations.

By Representative Mackey-

HB 81-A bill to be entitled An act relating to diesel fuels; providing
that certain sales and uses of dyed diesel fuels are lawful; amending s.
212.0501, F.S.; providing that certain sales of diesel fuel are subject to
the sales tax 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 Environmental Protection and
Finance & Taxation.

By Representatives Ogles, Feeney, Valdes, and Rodriguez-Chomat-

HB 83-A bill to be entitled An act relating to sexual battery;
authorizing the court to sentence a defendant to be treated with
medroxyprogesterone acetate (MPA) if the defendant is convicted of
sexual battery; providing for mandatory treatment with
medroxyprogesterone acetate (MPA) upon a subsequent conviction of
sexual battery; providing for voluntary physical castration as an
alternative penalty under specified circumstances; defining prior
convictions; prohibiting the failure or refusal to appear for or allow the
administration of medroxyprogesterone acetate (MPA); providing for
severability of provisions held invalid; providing penalties; providing an
effective date.

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

By Representative Saunders-

HB 85-A bill to be entitled An act relating to water and wastewater
systems; amending s. 367.171, F.S.; revising language with respect to
the exclusive jurisdiction of the Florida Public Service Commission over
certain utility facilities; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Futch and Feeney-

HB 87-A bill to be entitled An act relating to injunctions and
restraining orders for domestic violence; amending s. 28.241, F.S.;
limiting certain fees for injunctions relating to domestic violence;
amending s. 741.30, F.S.; limiting total charges for issuing or serving

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OF REPRESENTATIVES March 4, 1997

injunctions or restraining orders relating to domestic violence; providing
an effective date.

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

By Representative Futch-

HB 89-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 Governmental Operations and
Finance & Taxation.

By Representatives Stafford, K. Pruitt, Wasserman Schultz, Wise,
Valdes, Smith, Posey, King, Jacobs, Heyman, Hafner, Goode,
Eggelletion, Feeney, Frankel, Starks, Carlton, Dawson-White,
Maygarden, Murman, Ritter, Healey, Kelly, Rayson, Silver, Fischer,
Morroni, Saunders, Spratt, Livingston, Lynn, Putnam, Crow, Diaz de la
Portilla, and Rodriguez-Chomat-

HB 91-A bill to be entitled An act relating to controlled substances;
amending s. 893.03, F.S.; adding flunitrazepam, gamma-hydroxy-
butyrate, alpha-ethyltryptamine, 2-amino-5-phenyl-2-oxazoline, 4-
bromo-2, 5-dimethoxyphenethylamine, and methcathinone to the list of
Schedule I controlled substances; adding fenfluramine to Schedule IV;
eliminating flunitrazepam from the list of Schedule IV controlled
substances; amending s. 893.13, F.S.; eliminating language with respect
to penalties for the use of flunitrazepam; revising language with respect
to combinations of certain controlled substances; amending s. 893.135,
F.S.; providing penalties for trafficking in flunitrazepam; amending s.
921.0012, F.S.; conforming the sentencing guidelines to the act;
providing an effective date.

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

HB 93-Withdrawn

By Representatives Heyman and King-

HB 95-A bill to be entitled An act relating to records of the
Department of Highway Safety and Motor Vehicles; amending s. 119.07,
F.S.; providing an exemption from public records requirements, upon
request by the subject, for personal identifying information in motor
vehicle records; authorizing disclosure for specified uses; authorizing
disclosure for any use with the consent of the subject; authorizing
disclosure to certain entities for resale or redisclosure to persons
authorized to receive such information and providing requirements with
respect thereto; authorizing certain resale or redisclosure by authorized
recipients of such information and requiring such persons to maintain
records; providing for fees; authorizing the department to impose
conditions upon requests for disclosure; 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 Governmental Operations.

By Representatives Heyman and Meek-

HB 97-A bill to be entitled An act relating to selection of probation
and parole office space by the Department of Corrections; amending s.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

945.28, F.S.; requiring the department to advise by letter the county or
municipal administrator 30 days prior to signing the lease or purchasing
the property for intended probation or parole office space which is
contiguous to a place where children or a population especially
vulnerable to crime due to age or physical or mental disability regularly
congregates; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Governmental
Operations.
By Representative Miller-
HB 99-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 Governmental Operations and
Transportation.

By Representatives Brooks, Fasano, Feeney, and Futch-

HB 101-A bill to be entitled An act relating to intangible personal
property taxes; amending s. 199.185, F.S.; exempting accounts
receivable from said taxes and providing a schedule for implementing
the exemption; increasing the value of property that is exempt from the
annual tax for taxpayers who are natural persons; providing an
exemption from the annual tax for taxpayers that are not natural
persons and providing a schedule for implementing the exemption;
providing an effective date.

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

By Representatives Jones, Carlton, Kelly, Healey, King, Lacasa,
Wiles, Westbrook, Greene, Heyman, Betancourt, Lynn, and Rodriguez-
Chomat-

HB 103-A bill to be entitled An act relating to tax on sales, use, and
other transactions; creating s. 212.0607, F.S.; imposing a surcharge on
the sale of certain cruise ship admissions or tickets; providing rates of
the surcharge; providing exemptions; providing that the proceeds shall
be deposited in the Ecosystem Management and Restoration Trust Fund
and used exclusively to implement a statewide beach management plan;
providing for administration, collection, and enforcement; providing for
rules; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism, Finance & Taxation, and
Transportation & Economic Development Appropriations.
By Representative Jones-

HB 105-A bill to be entitled An act relating to distribution of surplus
food; providing legislative intent; providing application; requiring
certain persons and organizations to make reasonable efforts to provide,
collect, transport, and distribute certain excess or surplus food;
amending s. 768.136, F.S.; providing definitions; clarifying application;
providing an effective date.

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

By Representative Ogles-

HB 107-A bill to be entitled An act relating to environmental
control; repealing s. 403.708(10)(b), F.S., relating to the prohibition on

the sale of certain biodegradable products used in conjunction with food
for human consumption; providing an effective date.

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

HB 109-Withdrawn

HB 1ll--Withdrawn

By Representative Sublette-

HB 113-A bill to be entitled An act relating to homeowners'
associations; amending s. 617.303, F.S.; providing that statutory
provisions applicable to association board meetings do not apply to
meetings of committees or similar bodies; amending s. 617.305, F.S.;
deleting the limit on fines that an association may impose on members,
tenants, guests, or invitees; deleting the prohibition against an
association suspending the voting rights of a member; amending s.
617.306, F.S.; providing that members may vote for directors of the
association by absentee ballot but not by proxy; providing an effective
date.

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

By Representatives Brown, Murman, Fasano, Frankel, Casey, Crist,
Starks, Bainter, Bloom, Bronson, Cosgrove, Crady, Futch, Heyman,
Kelly, Lynn, Morse, Roberts-Burke, Sanderson, Saunders, Smith,
Stafford, Wasserman Schultz, Wiles, D. Prewitt, Livingston, Westbrook,
Melvin, Maygarden, Posey, Rayson, Rojas, Stabins, Diaz de la Portilla,
Feeney, and Ogles-

HB 115-A bill to be entitled An act relating to veterans; amending
s. 295.17, F.S.; eliminating the requirement of renewing identification
cards; eliminating a service charge; providing an effective date.

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

Referred to the Committee(s) on Governmental Rules & Regulations

By Representatives Culp and Feeney-

HB 117-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
charitable institutions which received a temporary extension of their
consumer's certificate of exemption shall be exempt from said tax;
providing an effective date.

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

Referred to the Committee(s) on Business Development &
International Trade and Finance & Taxation.

By Representatives Culp and Feeney-

HB 119-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

March 4, 1997

55

56 JOURNAL OF THE HOUSE

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 Children & Family Empowerment
and Finance & Taxation.

By Representative Merchant-

HB 121-A bill to be entitled An act relating to workers'
compensation; amending s. 440.09., F.S.; excluding coverage under the
Defense Base Act; amending s. 440.15, F.S.; providing for cessation of
entitlement to certain payments under certain circumstances; providing
for offsets against certain payments under certain circumstances;
amending s. 440.34, F.S.; providing limits on attorney's fees; repealing
s. 440.02(34)(f), F.S., relating to the definition of catastrophic injury;
repealing s. 440.15(6), F.S., relating to the obligation to rehire; providing
an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Financial Services and Civil Justice
& Claims.

By Representatives Wasserman Schultz, Heyman, and Mackey-

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, Finance
& Taxation, and General Government Appropriations.

By Representatives Gay and Feeney-

HJR 125-A joint resolution proposing an amendment to Section 1 of
Article VIII of the State Constitution relating to recording of
instruments.

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

By Representative Diaz de la Portilla-

HB 127-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 ofs. 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. 641.438, 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 Health Care Services.

By Representatives Gay, Livingston, and Feeney-

HB 129-A bill to be entitled An act relating to investments in
education; providing purposes; creating the Florida Education
Technology Foundation for certain purposes; providing for a board of
directors; providing for membership; providing duties of the board;

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OF REPRESENTATIVES March 4, 1997

providing for creation of Florida Future Funds for certain purposes;
providing for investment of moneys in such funds; providing for
contributing a portion of investment interest to the foundation for
certain purposes; providing an effective date.

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

Referred to the Committee(s) on Education Innovation.

By Representatives Lacasa and Feeney-

HB 131-A bill to be entitled An act relating to foreign records of
regularly conducted business activity; amending s. 92.60, F.S.;
providing for admissibility in civil proceedings of such records under a
specified exception to the hearsay rule; requiring 60 days' written notice
of a party's intention to offer civil trial evidence of such records;
providing an effective date.

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

By Representative Lacasa-

HB 133-A bill to be entitled An act relating to state uniform traffic
control; amending ss. 316.075 and 316.192, F.S.; revising language with
respect to traffic control signal devices; providing that reckless driving
shall include violations for running a red light; providing an effective
date.

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

HB 135-Withdrawn
By Representative Culp-

HB 137-A bill to be entitled An act relating to the district school
system; amending ss. 230.01, 230.02, 230.03, 230.10,.230.17, 230.23,
230.2301, 230.2303, 230.2305, 230.2316, 230.23161, 230.2317, 230.24,
230.303, 230.32, and 230.33, F.S.; emphasizing that the school district
is responsible for operating and administering the public schools;
deleting redundant provisions; merging provisions relating to
alternative procedures for electing members of the school board;
amending provisions relating to the location of school board meetings
and due public notice thereof; amending the powers and duties of school
boards; increasing local control over decisionmaking; deleting specified
state authorizations and mandates; deleting obsolete provisions;
amending provisions relating to the Florida First Start Program and to
the prekindergarten early intervention program, to provide the districts
with increased flexibility in operating those programs; amending the
"Dropout Prevention Act"; revising student eligibility and program
criteria relating to dropout prevention; merging provisions relating to
alternative procedures for choosing a district school superintendent;
amending procedures for requiring continuing professional development
of superintendents and other school district administrative personnel;
eliminating the authority of the Florida Council on Educational
Management to provide performance compensation to superintendents
who participate in professional development; revising the general
powers of superintendents, in part, by specifying the power to provide
leadership; revising certain duties and responsibilities of
superintendents; amending ss. 24.121, 39.446, 228.053, 228.121,
228.2001, 229.0535, 229.565, 229.58, 229.592, 229.594, 231.085,
231.095, 231.1725, 231.381, 232.19, 232.271, 233.0674, 235.014,
236.013, 236.081, 236.25, 237.211, 239.101, 239.229, and 402.22, F.S.;
correcting cross references and conforming language; repealing s.
230.105, F.S., relating to electing school board members from single-
member residence areas; repealing s. 230.23135, F.S., relating to the
Florida Council on Student Services; repealing s. 230.2318, F.S.,
relating to the school resource officer program; repealing s. 230.241,
F.S., relating to procedures for making the office of superintendent of
schools an appointive office; repealing s. 230.59, F.S., relating to
educational communications systems; repealing s. 230.655, F.S.,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

relating to education programs in correctional facilities; providing an
effective date.

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

Referred to the Committee(s) on Education/K-12 and Education
Appropriations.

By Representatives Roberts-Burke and Heyman-

HB 139-A bill to be entitled An act relating to motor vehicles;
directing the Department of Highway Safety and Motor Vehicles to
establish two alternative-fuel-vehicle pilot projects; imposing a fee on
the registration of motor vehicles; creating a trust fund; directing the
legal entities for the Florida Gold Coast Clean Cities Coalition and the
Florida Suncoast Clean Cities Coalition to perform certain duties
relating to the pilot projects; providing for the use of trust fund moneys;
authorizing a future fee increase; providing an effective date and
termination date.

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

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

By Representatives Roberts-Burke and Heyman-

HB 141-A bill to be entitled An act relating to motor vehicles;
defining the term "alternative fuel"; providing for an alternative-fuel-
use permit and alternative-fuel decal to be issued by the Department of
Revenue for a fee; providing for tax and fee exemptions; authorizing
noneconomic incentives for alternative-fuel vehicles; providing an
effective date.

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

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

By Representative Diaz de la Portilla-

HB 143-A bill to be entitled An act relating to designated parking;
amending s. 316.008, F.S.; authorizing counties or municipalities to
impose certain fines under certain circumstances; creating s. 316.1961,
F.S.; providing for parking places for persons who transport certain
young children; providing requirements; providing criteria; prohibiting
parking in such places under certain circumstances; providing
penalties; providing exceptions; amending s. 316.1957, F.S.; providing
presumptions relating to parking in certain spaces; amending s.
316.1959, F.S.; providing for parking enforcement; amending s.
316.1967, F.S.; providing liability for certain parking violations;
amending s. 318.18, F.S.; requiring community service in addition to
certain civil penalties under certain circumstances; creating s. 320.0849,
F.S.; providing for temporary parking parking permits for certain
persons; providing requirements; providing criteria; providing
penalties; requiring the Department of Highway Safety and Motor
Vehicles to adopt rules; providing an effective date.

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

Referred to the Committee(s) on Transportation, Community Affairs,
and Transportation & Economic Development Appropriations.

By Representative Greene-

HB 145-A bill to be entitled An act relating to public streets,
highways, and roads; amending ss. 316.2045 and 337.406, F.S.;
prohibiting solicitation by children of a certain age upon any public
street, highway, right-of-way of a state transportation facility, or road;
providing an effective date.

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

By Representatives Byrd, Argenziano, Flanagan, Dockery, Littlefield,
Harrington, Maygarden, Bronson, Crady, Putnam, Posey, Feeney,
Fasano, Starks, Thrasher, Brooks, Wise, Casey, Sembler, Greene,
Wallace, Burroughs, Kelly, Peaden, Murman, Ball, Fuller, K. Pruitt,
Melvin, Futch, Lawson, Mackey, Spratt, Valdes, Arnall, and
Livingston-

HB 147-A bill to be entitled An act relating to marriage; providing
that same-sex marriages entered into in other jurisdictions are not
recognized in this state; prohibiting the state and its agencies and
subdivisions from giving effect to specified public acts, records, or
proceedings respecting such relationships or claims arising from such
relationships; providing an effective date.

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

Referred to the Committee(s) on Governmental Operations.

By Representative Fasano-

HB 149-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
General Government Appropriations.

By Representative Bainter-

HB 151-A bill to be entitled An act relating to water quality;
amending s. 376.307, F.S.; providing that certain persons may be
entitled to subsidies or filters from the Water Quality Assurance Trust
Fund under certain circumstances; amending s. 373.309, F.S.;
authorizing the Department of Environmental Protection to establish
criteria for the acceptance of certain water quality testing results;
providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water & Resource Management and
General Government Appropriations.

By Representatives Thrasher, Healey, Morse, Goode, Posey, Smith,
Constantine, Livingston, Lynn, Feeney, Sanderson, Bloom, Brooks,
Frankel, Rodriguez-Chomat, Melvin, Wasserman Schultz, Byrd, and
Culp-

HB 153-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 Real Property & Probate and Finance
& Taxation.

By Representatives Melvin, Morroni, Fasano, Posey, Bronson,
Rodriguez-Chomat, Arnall, Bainter, Jones, Villalobos, Barreiro, Bitner,
Thrasher, Ball, Kelly, and Feeney-

HB 155-A bill to be entitled An act relating to intangible personal
property taxes; repealing chapter 199, F.S., which provides for taxes on
intangible personal property; amending ss. 72.011, 192.091, 196.199,
196.1993, 201.23, 212.02, 213.015, 213.05, 213.053, 213.054, 213.31,
215.555, 220.68, 288.1045, 288.106, 288.1066, 493.6102, 516.031,
624.509, 627.311, 627.351, 650.05, 655.071, 733.604, and 766.105, F.S.,
to conform to such repeal; repealing ss. 192.032(5), 192.042(3),

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58 JOURNAL OF THE HOUSE

193.114(4), 196.015(9), 213.27(2) and (7), 607.1622(1)(g), and 731.111(2),
F.S., relating to assessment of intangible personal property, the
intangible personal property tax roll, filing of intangible tax returns as
a factor in determining residency, Department of Revenue contracts to
identify intangible tax liability, intangible tax liability information in a
corporation's annual report, and claims against a decedent's estate for
intangible taxes; providing an effective date.

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

By Representatives Fischer, Wiles, Fasano, Crow, Feeney, and
Dockery-

HB 157-A bill to be entitled An act relating to ad valorem taxes;
amending s. 196.081, F.S.; providing an exemption from taxation for the
homestead of the surviving spouse of a veteran who was killed while on
active duty; 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 Representative Dennis-

HB 159-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 Community Colleges & Career Prep
and Education Appropriations.

By Representative Dennis-

HB 161-A bill to be entitled An act relating to education; amending
ss. 228.041, 228.056, 230.23, 231.141, 231.15, and 121.091, F.S.;
replacing the term "teacher aide" with the term "education
paraprofessional"; requiring the State Board of Education to classify
school services and prescribe rules; creating s. 231.143, F.S.; authorizing
school districts to adopt a program for the career development of
education paraprofessionals; specifying levels of achievement that
paraprofessionals can attain through the program; providing
restrictions; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12 and Education
Appropriations.
HB 163-Withdrawn

By Representative Albright-

HB 165-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 Environmental Protection and
General Government Appropriations.

By Representative Saunders-

HB 167-A bill to be entitled An act relating to tax on cigarettes;
amending s. 210.02, F.S.; increasing the rate of the excise tax on

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OF REPRESENTATIVES March 4, 1997

cigarettes; amending s. 210.20, F.S.; revising the distribution of
proceeds of the tax; providing for distribution of proceeds to fund health
care programs and services; requiring rulemaking; providing for a tax
on the inventory of cigarettes on hand on the effective date of the act;
providing for application of penalties and interest; providing for
distribution of the proceeds of the inventory tax; requiring rulemaking;
providing an effective date.

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

By Representative Crow-

HB 169-A bill to be entitled An act relating to the Florida Uniform
Land Sales Practices Law; amending s. 498.005, F.S.; providing
definitions; amending s. 498.007, F.S.; revising language with respect to
the general powers and duties of the Division of Florida Land Sales,
Condominiums, and Mobile Homes; amending s. 498.011, F.S.; revising
language with respect to per diem and mileage; amending s. 498.017,
F.S.; revising certain fees; deleting certain fees; amending s. 498.022,
F.S.; revising language with respect to jurisdiction over fraudulent acts;
providing that it is a violation of the act to dispose of, conceal, or divert
any funds or assets of any person so as to adversely affect the interest
of a purchaser; amending s. 498.023, F.S.; providing additional criteria
with respect to permitted disposal of an interest in subdivided lands;
amending s. 498.024, F.S.; revising language with respect to
reservations; amending s. 498.025, F.S.; revising language with respect
to exemptions; amending s. 498.027, F.S.; revising language with
respect to application for registration; providing for rules; amending s.
498.029, F.S.; eliminating the registration of certain subdivided lands;
amending s. 498.031, F.S.; providing for the time period during which
registration becomes effective; revising language with respect to inquiry
and examination; amending s. 498.033, F.S.; revising language with
respect to the registration of subdivided lands; amending s. 498.035,
F.S.; authorizing, rather than requiring, the division to approve
advertising material; revising language with respect to advertising
material; requiring the full disclosure of certain pertinent information;
amending s. 498.037, F.S.; revising language with respect to public
offering statements; amending s. 498.039, F.S.; revising language with
respect to certain trust and escrow accounts; providing for rules;
amending s. 498.041, F.S.; revising language with respect to annual
renewal; providing for termination of registration; amending s. 498.047,
F.S.; relating to investigations; providing for rules; amending s. 498.059,
F.S.; providing penalties with respect to certain violations; providing an
effective date.

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

Referred to the Committee(s) on Real Property & Probate, Finance &
Taxation, and General Government Appropriations.

By Representative Diaz de la Portilla-

HB 171-A bill to be entitled An act relating to nursing home
facilities; creating s. 400.215, F.S.; requiring background screening for
all nursing home staff, including auxiliary employees; providing an
effective date.

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

Referred to the Committee(s) on Long Term Care and Health &
Human Services Appropriations.

By Representative Brown-

HB 173-A bill to be entitled An act relating to dissolution of
marriage; creating s. 61.077, F.S.; providing a presumption of fraud as
to certain transfers; providing an effective date.

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

By Representative Rodriguez-Chomat-

HB 175-A bill to be entitled An act relating to education; creating a
pilot program to increase the number of school counselors; establishing

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a ratio of counselors to students; requiring an evaluation; providing an
appropriation; providing an effective date.

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

Referred to the Committee(s) on Education Innovation and Education
Appropriations.
By Representative Tobin-

HB 177-A bill to be entitled An act relating to condominiums;
amending s. 718.116, F.S.; providing that a certain amount of
condominium association liens shall have limited priority over other
mortgages; providing an effective date.

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

By Representative Bronson-

HB 179-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 for tax revenue use; providing for severability;
providing an effective date.

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

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

By Representatives Greene and Villalobos-

HB 181-A bill to be entitled An act relating to public records;
creating s. 914.27, F.S.; providing an exemption from public records
requirements for certain information held by various governmental
entities and certain business entities relating to a victim of or witness
to a crime obtained in connection with victim and witness protection
services provided pursuant to s. 914.25, F.S., for certain information
relating to such person's family, and for information relating to the
protection program and permanent relocation sites; 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).

By Representative Diaz de la Portilla-

HB 183-A bill to be entitled An act relating to campaign financing;
amending s. 106.1405, F.S.; prohibiting the use of campaign funds by
candidates and their spouses for salary or personal expenses; providing
penalties; creating the Campaign Finance Reform Study Committee
within the Department of State; providing for appointment of members;
requiring the Division of Elections to provide staff support for the
committee; providing purpose; requiring a report and providing for
termination of the committee upon submission thereof; providing
effective dates.

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

Referred to the Committee(s) on Election Reform.

By Representative Maygarden-

HB 185-A bill to be entitled An act relating to expenses incurred by
persons during their apprehension; amending s. 901.35, F.S.;
prescribing the financial responsibility for medical and other specified
expenses of a person who becomes ill, wounded, or injured during
apprehension for violation of a state law or county or municipal
ordinance; providing that responsibility for such expenses exists until
treatment is completed; prescribing guidelines for payment of such costs
from the county or municipal general fund; providing for assignment of
benefits to a health care provider; prescribing responsibilities of the
arresting or apprehending law enforcement agency and guidelines
relating to provision of security to an arrested or apprehended person

March 4, 1997

OF REPRESENTATIVES 59

transported to a licensed health care facility and to facility patients and
employees; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Law Enforcement & Public Safety.

By Representatives Effman, Argenziano, Byrd, Rodriguez-Chomat,
Fasano, and Feeney-

HB 187-A bill to be entitled An act relating to public notification of
sexual predators; amending s. 775.21, F.S.; requiring the sheriff to
advertise certain information regarding the release of sexual predators;
providing an effective date.

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

By Representatives Effman and Heyman-

HB 189-A bill to be entitled An act relating to child support;
amending s. 61.13, F.S.; providing that the obligation of child support
shall be retroactive to the date of legal separation; providing for credits;
providing an effective date.

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

HB 191-Withdrawn

By Representatives Lynn and Feeney-

HB 193-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, and for payment of an
employee's child care costs; 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, and for payment of an employee's child care costs; 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 Children & Family Empowerment,
Finance & Taxation, and General Government Appropriations.

By Representative Eggelletion-

HB 195-A bill to be entitled An act relating to motor vehicle
emissions and safety inspections; amending s. 325.202, F.S.; defining
the term "owner" for the purposes of the Clean Outdoor Air Law;
amending s. 325.203, F.S.; providing for biennial emissions inspections;
amending s. 325.206, F.S.; revising language with respect to standards
and criteria adopted by the Department of Environmental Protection to
achieve and maintain applicable federal and state air quality standards;
amending s. 325.207, F.S.; providing for the waiver of a performance
bond under certain circumstances; providing for emissions testing for
nitrogen oxides; amending s. 325.209, F.S.; revising language with
respect to waivers; providing for adjustments; amending s. 325.210,
F.S.; clarifying requirements for repair shops; amending s. 325.213,
F.S.; deleting language with respect to safety inspection contracting

60 JOURNAL OF THE HOUSE

authority; amending s. 325.214, F.S.; authorizing the department to
provide for an increased inspection fee; amending s. 320.055, F.S., to
conform; repealing s. 325.205, F.S.; relating to reporting requirements
and rules with respect to supplemental safety inspections; providing an
appropriation; providing an effective date.

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

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

By Representatives Bradley and Feeney-

HB 197-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 course requirements; providing school personnel duties;
amending s. 232.2462, F.S.; providing for conversion of college credit
hours to high school credit according to certain requirements; providing
an effective date.

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

Referred to the Committee(s) on Education Innovation.

By Representatives Merchant, Heyman, Fasano, and Byrd-

HB 199-A bill to be entitled An act relating to domestic violence;
creating s. 784.09, F.S.; reclassifying the offense of battery as a third-
degree felony if such offense constitutes an act of domestic violence and
is committed in the presence of a minor under a specified age; providing
applicability; amending s. 741.29, F.S.; prescribing standards for arrest
policy for a law enforcement officer investigating alleged domestic
violence; requiring certain reports by law enforcement officers;
amending s. 943.171, F.S.; requiring certain training for law
enforcement officers; providing an effective date.

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

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

By Representative Warner-

HB 201-A bill to be entitled An act relating to educational finance;
creating s. 236.08105, F.S.; requiring an advance distribution of Florida
Education Finance Program funds under certain circumstances;
providing an effective date.

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

Referred to the Committee(s) on Education/K-12 and Education
Appropriations.

By Representatives Lynn, Feeney, Rodriguez-Chomat, and Byrd-

HB 203-A bill to be entitled An act relating to student discipline;
amending s. 230.23015, F.S.; revising provisions relating to discipline of
students who have committed an assault or battery on specified
employees; providing an effective date.

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

Referred to the Committee(s) on Education/K-12.

HB 205-Withdrawn

By Representatives Ziebarth, Feeney, and Byrd-

HB 207-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

IE

OF REPRESENTATIVES March 4, 1997

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, Finance
& Taxation, and General Government Appropriations.

By Representatives Ziebarth, Kelly, Bronson, Putnam, Smith,
Minton, Mackey, Peaden, Spratt, Fuller, Ogles, Westbrook, Sembler,
Boyd, Bullard, Wise, Crady, Melvin, Littlefield, Byrd, Dockery,
Harrington, Cosgrove, Edwards, Flanagan, and Feeney-

HB 209-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.02, F.S.; providing a definition of
"self-propelled farm equipment," "power-drawn farm equipment," and
"power-driven farm equipment"; amending s. 212.08, F.S.; revising
application of the partial exemption for self-propelled or power-drawn
farm equipment; including power-driven farm equipment within such
exemption; reducing the rate of tax on such equipment over a specified
period and exempting such equipment beginning July 1, 2000;
amending s. 212.12, F.S., relating to promulgation of tax brackets by the
Department of Revenue, to conform; providing an effective date.

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

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

By Representative Lacasa-

HB 211-A bill to be entitled An act relating to motor vehicle
registration; amending s. 320.02, F.S.; revising requirements with
respect to odometer readings for purposes of motor vehicle registration;
providing additional requirements; providing an effective date.

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

HB 213-Withdrawn

By Representatives Lynn, Argenziano, and Byrd-

HB 215-A bill to be entitled An act relating to environmental
permitting; requiring the Department of Environmental Protection and
water management districts to develop checklists of permit
requirements and to provide such checklists to permit applicants;
requiring the department and water management districts to timely
review all permit applications; providing responsibilities of the
department and water management districts; providing for appeal of
department and water management district decisions; providing for
refund of a permit application fee under certain circumstances;
amending s. 403.815, F.S.; providing for notice to certain adjacent
property owners of applications for certain permits from the
department; providing an effective date.

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

By Representatives Putnam, Dockery, Burroughs, Byrd, and
Feeney-

HB 217-A bill to be entitled An act relating to elections; amending
s. 106.17, F.S.; prohibiting state agencies and certain other
governmental entities from soliciting pledges or authorizing or
conducting polls or surveys relating to candidacies for public office;
providing an effective date.

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

By Representative Greene-

HB 219-A bill to be entitled An act relating to Parkinson's disease;
creating the "Morris K. Udall Parkinson's Research, Assistance, and

JOURNAL OF THE HOUSE

Education Act of 1997"; providing purpose; providing for establishment
of programs; creating an interagency coordinating committee; providing
duties of the committee; providing membership; requiring an annual
report; providing for grants to research and training centers; providing
requirements; providing time limitations; providing for review;
providing for data management and dissemination of information;
providing for grants to scientific researchers; providing for a state
education program; 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 Services and Health &
Human Services Appropriations.
By Representatives Merchant, Fasano, and Bitner-
HB 221-A bill to be entitled An act relating to prisoners; amending
s. 946.002, F.S.; requiring prisoners in the state correctional system to
perform a specified amount of work; providing legislative intent;
authorizing the Department of Corrections to adopt rules to implement
the prisoner work requirement in accordance with specified guidelines;
excluding certain education and job training from the prisoner work
requirement; providing for in-house farming programs at correctional
facilities; providing that certain moneys otherwise expended on
prisoners' food or on compensation for prisoners' work shall be used to
offset costs of implementing the prisoner work requirement or
correctional facility operation; providing that workers' compensation
otherwise due or payable to a prisoner shall be used for restitution, child
support, alimony, and correctional facility operation or placed for
disposition purposes in the Crimes Compensation Trust Fund; providing
an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Criminal Justice
Appropriations.
By Representatives Merchant and Byrd-
HB 223-A bill to be entitled An act relating to the Department of
State; transferring the Department of Highway Safety and Motor
Vehicles to the Department of State; amending s. 20.10, F.S.; providing
for additional divisions in the Department of State; repealing s. 20.24,
F.S., relating to the Department of Highway Safety and Motor Vehicles;
amending ss. 316.003 and 318.13, F.S.; conforming to the act; directing
the Division of Statutory Revision to make appropriate changes to the
statutes; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Arnall, Feeney, and Fasano--
HB 225-A bill to be entitled An act relating to driver licenses;
amending s. 322.18, F.S.; prohibiting the Department of Highway Safety
and Motor Vehicles from renewing a driver's license if its records show
that the driver is the subject of an outstanding warrant for worthless
checks; directing the Department of Law Enforcement to provide the
Department of Highway Safety and Motor Vehicles with electronic
access; providing circumstances for renewal of license; providing for
confidentiality; providing for a fee; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Law Enforcement & Public Safety
and Transportation & Economic Development Appropriations.

By Representatives Maygarden, Ritchie, Burroughs, and Melvin-

HB 227-A bill to be entitled An act relating to building designations;
designating and naming the Children's Medical Services facility
currently under construction at 5192 Bayou Boulevard in the City of
Pensacola, Escambia County, as the "Dr. Reed Bell and Dr. John H.
Whitcomb Building"; directing the Department of Management Services
to erect suitable markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

March 4, 1997

OF REPRESENTATIVES 61

By Representatives Fuller and Feeney-
HB 229-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 Transportation.
By Representatives Lippman and Feeney-
HB 231-A bill to be entitled An act relating to illegal aliens;
amending s. 287.012, F.S.; providing that, to be a "qualified bidder" with
respect to providing personal property or services, a person must certify
that he does not, and will not, employ illegal aliens, as defined;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Business Development & International Trade.
HB 233-Withdrawn
By Representative Littlefield-
HB 235-A bill to be entitled An act relating to discretionary sales
surtaxes; amending s. 212.055, F.S.; correcting an obsolete reference;
postponing 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 Services, Governmental
Operations, and Health & Human Services Appropriations.
By Representative Wasserman Schultz-
HB 237-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 are not repealed
by this act; 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 Community Affairs, Governmental
Operations, and Finance & Taxation.
By Representative Geller-

HB 239-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).
By Representatives Valdes, Bainter, Trovillion, Sembler, and Tobin-
HB 241-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;
establishing a Sentencing Reform Commission; providing for
membership and expenses of the reform commission; directing the
reform commission to provide the Legislature with recommendations for
sentencing policy and structure; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Crime & Punishment and Criminal
Justice Appropriations.

62 JOURNAL OF THE HOUE

By Representatives Goode and Posey-

HB 243-A bill to be entitled An act relating to unlawful campaign
practices; amending s. 104.271, F.S.; prohibiting a candidate from
making a false statement of material fact about an opposing candidate;
providing a penalty; providing for complaints alleging, and hearings on,
such statements; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Fasano, Fischer, and Feeney-

HB 245-A bill to be entitled An act relating to time limitations for
sexual battery prosecutions; amending s. 775.15, F.S.; providing an
unlimited time period for the commencement of prosecutions for first or
second degree felony violations of s. 794.011, F.S., under certain
circumstances; providing an effective date.

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

By Representative Fasano-

HB 247-A bill to be entitled An act relating to lottery revenues;
amending ss. 24.115, 24.121, and 240.40, F.S.; providing for deposit of
unclaimed state lottery prize money and a percentage of the revenue
from the sale of lottery tickets in the State Student Financial Assistance
Trust Fund; amending s. 240.402, F.S.; providing that such funds shall
be annually appropriated to fund the Florida Undergraduate Scholars'
Program; providing an effective date.

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

HB 249-A bill to be entitled An act relating to drawings by chance;
amending s. 849.0935, F.S.; providing additional tax-exempt
organizations which are authorized to conduct drawings by chance
under said section, including civic organizations, employees'
associations, clubs, fraternal benefit societies, and armed forces and
veterans' organizations; providing an effective date.

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

By Representative Ogles-

HB 251-A bill to be entitled An act relating to casualty insurance;
creating s. 624.5094, F.S.; specifying application of certain dividends or
premium refunds for certain purposes; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Smith-

HB 253-A bill to be entitled An act relating to ad valorem tax
administration; amending s. 197.222, F.S.; providing that the tax
collector may accept a late payment of the first installment of ad
valorem taxes prepaid by the installment method; providing a penalty;
providing an effective date.

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

By Representative Smith-

HB 255-A bill to be entitled An act relating to the National Guard;
amending s. 250.10, F.S.; revising language with respect to the
appointment of the Adjutant General; providing for the performance of
the duties of Adjutant General by certain assistants; providing an
effective date.

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

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E OF REPRESENTATIVES March 4, 1997

By Representative Turnbull-

HB 257-A bill to be entitled An act relating to trust funds; amending
s. 112.215, F.S.; creating the Government Employees Deferred
Compensation Trust Fund in the State Treasury and providing for its
assets and purpose; providing an effective date.

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

By Representatives Sublette and Feeney-

HB 259-A bill to be entitled An act relating to alcohol, drug abuse,
and mental health services; providing a process for achieving equity in
the funding of such services among the service districts of the
Department of Children and Family Services; providing an effective
date.

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

By Representatives Valdes and Feeney-

HB 261-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 Innovation and Education
Appropriations.
HB 263-Withdrawn

By Representatives Putnam and Dockery-

HB 265-A bill to be entitled An act relating to tobacco products;
creating s. 569.11, F.S.; prohibiting the possession of tobacco products
by certain minors; providing for the removal of such products from the
possession of the minor; authorizing the detention of a minor 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 Crime & Punishment, Law
Enforcement & Public Safety, and Criminal Justice Appropriations.

By Representatives Carlton and Fasano-

HB 267-A bill to be entitled An act relating to campaign financing;
amending s. 106.07, F.S.; revising reporting requirements applicable to
candidates for other than statewide office who qualify with the
Department of State; providing an effective date.

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

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

By Representative Bainter-

HB 269-A bill to be entitled An act relating to surplus lines
insurance; amending s. 626.921, F.S.; creating a nonprofit association
named the "Florida Surplus Lines Service Office"; providing findings;
requiring surplus lines agents to be members of the association;
providing duties; requiring the office to collect a service fee from surplus
lines agents; providing for a board of governors; providing for
appointment of board members; requiring a plan of operation to be
submitted to the Department of Insurance; requiring the department to
conduct examinations of the association; providing for limitations of
liability for the association under certain circumstances; providing for
confidentiality of certain information; amending s. 626.931, F.S.;

JOURNAL OF THE HOUSE

requiring surplus lines agents, foreign insurers, and alien insurers to
file a quarterly report with the Florida Surplus Lines Service Office;
amending s. 626.932, F.S.; requiring surplus lines agents to pay a
surplus lines tax to the office; requiring the service office to remit the
taxes and interest to the department within 10 days; excluding from the
term "premium" a service fee; creating s. 626.9325, F.S.; imposing a
service fee on premiums charged for surplus lines insurance; requiring
surplus lines agents to collect the fee and pay the fee to the office;
requiring interest under certain circumstances; providing for
application; specifying use of such fees; providing definitions; providing
an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Financial Services, Governmental
Operations, and Finance & Taxation.
By Representatives Arnall, Fasano, Sanderson, Albright, Feeney,
Wise, Morroni, Byrd, Lacasa, Bainter, and Thrasher-

HB 271-A bill to be entitled An act relating to public assistance;
creating s. 414.103, F.S.; providing for screening of applicants for and
recipients of temporary assistance or services under the "Work and Gain
Economic Self-sufficiency (WAGES) Act" for illegal use of controlled
substances; providing responsibilities of the Department of Children
and Family Services; providing requirements relating to notice of and
procedures for drug testing; providing for random testing of recipients;
providing for certain retesting and appeal of test results; providing for
notice to certain persons of local substance abuse assistance programs;
providing circumstances resulting in ineligibility for or termination of
temporary assistance or services; providing certain limitations;
providing an effective date.

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

By Representatives Sindler and Feeney-

HB 273-A bill to be entitled An act relating to sexually transmissible
diseases; amending s. 384.24, F.S., relating to unlawful acts by a person
infected with a sexually transmissible disease; revising provisions
prohibiting such acts; amending s. 384.34, F.S.; providing third degree
felony penalties for a person who violates specified provisions
prohibiting sexual intercourse by a person who has human
immunodeficiency virus infection; amending s. 796.08, F.S.; revising the
category of offenses constituting criminal transmission of human
immunodeficiency virus infection to include the offer to commit
prostitution under specified circumstances when the person offering to
commit prostitution has tested positive for human immunodeficiency
virus infection; providing penalties; reenacting s. 775.0877(1)(m) and
(7), F.S., to incorporate said amendment to s. 796.08, 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 Crime & Punishment and Criminal
Justice Appropriations.

By Representatives Sindler, Feeney, and Heyman-

HB 275-A bill to be entitled An act relating to simulated weapons
offenses; amending s. 775.087, F.S., relating to felony reclassification
and imposition of mandatory minimum term of imprisonment for
certain offenses involving possession or use of weapon; providing for
enhanced penalties for threatening to use a firearm regardless of actual
possession, under specified circumstances indicative to a reasonable
person of firearm possession; providing for enhanced penalties except
mandatory minimum sentence under specified circumstances when the
object used to threaten is a simulation of a firearm; providing for
sentencing guidelines scoring of certain offenses involving threats with
such objects; amending s. 784.021, F.S., relating to aggravated assault;
providing that, for purposes of aggravated assault involving assault
with a deadly weapon without intent to kill, the term "deadly weapon"

March 4, 1997

OF REPRESENTATIVES 63

includes simulated weapons, under specified circumstances indicative to
a reasonable person that a deadly weapon is being carried; providing
penalties; reenacting ss. 775.0823(10), 775.0877(1)(e), and
921.0012(3)(f), F.S., relating to violent offenses committed against
certain state officials, criminal transmission ofHIV, and the sentencing
guidelines offense levels, respectively, to incorporate said amendment in
references; amending s. 812.13, F.S., relating to robbery; providing that
a defendant shall be deemed to have carried a weapon, firearm, or
deadly weapon under specified circumstances indicative to a reasonable
person that the respective weapon is being carried; providing penalties;
providing for sentencing guidelines scoring of certain robbery offenses
involving simulation of firearms; reenacting s. 921.0012(3)(h) and (i),
relating to the sentencing guidelines offense levels, to incorporate said
amendment in references; amending s. 812.133, F.S., relating to
carjacking; providing that a defendant shall be deemed to have carried
a weapon, firearm, or deadly weapon under specified circumstances
indicative to a reasonable person that the respective weapon is being
carried; providing penalties; providing for sentencing guidelines scoring
of certain carjacking offenses involving firearms; reenacting ss.
39.052(3)(a), 921.0012(3)(i), and 943.325(1)(a), F.S., relating to transfer
of child for prosecution as adult, sentencing guidelines offense levels,
and blood specimen testing required for DNA analysis, respectively, 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 Crime & Punishment and Criminal
Justice Appropriations.
By Representative Saunders-
HB 277-A bill to be entitled An act relating to the local option tourist
development tax; amending s. 125.0104, F.S.; authorizing use of tax
revenues to acquire property for beach parking or beach access and to
construct or improve existing beach parking facilities or beach access
areas; authorizing issuance of bonds; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
HB 279-Withdrawn
By Representatives Carlton and Feeney-
HB 281-A bill to be entitled An act relating to political telephone
solicitation and polling; amending s. 106.011, F.S.; providing definitions;
creating s. 106.145, F.S.; requiring sponsorship information or a toll-free
telephone number for access to such information to be provided in
certain political telephone polls or solicitations and providing
requirements with respect thereto; prohibiting misrepresentation with
regard to sponsorship or access to sponsorship; creating s. 106.147, F.S.;
requiring the appointment of a registered agent for any person or
organization conducting certain political telephone polls or solicitations;
requiring the filing of a notice of such appointment with the Division of
Elections of the Department of State and providing requirements of
such notice; providing for long arm jurisdiction over out-of-state persons
or organizations conducting certain political telephone polls or
solicitations in this state; providing a penalty; providing an effective
date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Election Reform.
By Representatives Lawson and Tobin-
HB 283-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. 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 Business Regulation & Consumer
Affairs and Transportation & Economic Development Appropriations.

64 JOURNAL OF THE HOUSE

By Representative Lawson-

HB 285-A bill to be entitled An act relating to regulation of trade
and commerce; repealing s. 559.04, F.S., relating to requirements of
trading stamp companies prior to distribution of trading stamps;
repealing s. 559.05, F.S., relating to required notice of intention to
suspend or cease redemption of trading stamps; providing an effective
date.

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

By Representative Livingston-

HJR 287-A joint resolution proposing the creation of Section 26 of
Article I of the State Constitution, to provide for amendment or revision
of statutory law by citizen initiative.

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

Referred to the Committee(s) on Governmental Operations.

By Representative Bitner-

HJR 289-A joint resolution proposing amendments to Section 15 of
Article III, Sections 17 and 18 of Article V, and Section 1 of Article VIII
and the creation of Section 7 of Article VI of the State Constitution,
relating to residency requirements for legislators, state attorneys,
public defenders, and county commissioners.

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

By Representatives Feeney, Fasano, and Byrd-

HM 291-A memorial to the Congress of the United States, urging
Congress to enact amendments to the National Voter Registration Act
of 1993.

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

By Representative Livingston-

HJR 293-A joint resolution proposing an amendment to Section 3 of
Article XI of the State Constitution relating to initiatives.

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

By Representative Gay-

HB 295-A bill to be entitled An act relating to Lee and Charlotte
Counties; amending chapter 96-507, Laws of Florida, the Gasparilla
Island Bridge Authority Act; revising the powers and duties of the
authority to eliminate the requirement that electors authorize the
maximum toll and maximum ad valorem tax in a single vote of the
electors; eliminating the requirement that the proceeds of tolls and ad
valorem taxes may only be used for certain purposes; providing an
effective date.

Proof of publication of the required notice was attached.

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

Referred to the Committee(s) on Community Affairs.

By Representative Logan-

HB 297-A bill to be entitled An act relating to health maintenance
organizations; amending s. 641.315, F.S.; prohibiting provider contracts
from restricting a provider's ability to communicate certain information
to subscribers; amending s. 641.495, F.S.; requiring designation of a

I

SOF REPRESENTATIVES March 4, 1997

state-licensed physician or osteopath as medical director; amending s.
641.51, F.S.; requiring out-of-network referrals to specialists, under
certain circumstances; requiring written procedures for standing
referrals for individuals who require ongoing specialty care for chronic
and disabling conditions; requiring certain continued access to
terminated treating providers for subscribers with a life-threatening or
a disabling and degenerative condition, and for certain pregnant
subscribers; providing limitations; requiring report to the Agency for
Health Care Administration of access, quality of care, and customer
satisfaction data; requiring adoption of certain recommendations for
preventive pediatric health care; amending s. 641.511, F.S.; requiring
an expedited grievance procedure for reviewing the denial of urgently
needed health care services; providing a time limit; amending s. 641.54,
F.S.; requiring disclosure to subscribers, upon request, of certain
policies, procedures, and processes relating to authorization and referral
for services, determination of medical necessity, quality of care,
prescription drug benefits, confidentiality of medical records, approval
or denial of experimental or investigational treatments, addressing the
needs of non-English-speaking subscribers, and examining
qualifications of and the credentialing of providers; requiring report to
the agency of changes in authorization and referral criteria or the
process used to determine medical necessity; providing an effective date.

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

Referred to the Committee(s) on Health Care Standards & Regulatory
Reform and Health & Human Services Appropriations.

By Representative Meek-

HB 299-A bill to be entitled An act relating to public accountancy;
creating s. 473.3065, F.S.; establishing the certified public accountant
education assistance program; providing for scholarships to eligible
minority students; providing for funding of scholarships; requiring
Board of Accountancy rules; providing a penalty for certain violations;
creating an advisory committee to assist in program administration;
providing an effective date.

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

Referred to the Committee(s) on Colleges & Universities, Business
Regulation & Consumer Affairs, and General Government
Appropriations.

HB 301-Withdrawn

By Representatives Eggelletion and Miller-

IIB 303-A bill to be entitled An act relating to district school board
elections; requiring certain school districts to elect school district board
members from single-member residence areas; providing an effective
date.

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

By Representatives Ritter, Fasano, Feeney, and Argenziano-

HB 305-A bill to be entitled An act relating to controlled substances;
amending s. 893.13, F.S.; prohibiting the sale, manufacture, or delivery
of controlled substances, or possession of controlled substances with
intent to sell, manufacture, or deliver, 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 Crime & Punishment.

By Representatives Villalobos, Feeney, Fasano, Crist, Byrd, and
Heyman-

HB 307-A bill to be entitled An act relating to stalking; creating the
"Jennifer Act"; amending s. 784.048, F.S.; defining the offense of

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

aggravated stalking of a minor under age 16; providing penalties;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Crime & Punishment.

By Representative Warner-

HB 309-A bill to be entitled An act relating to the Constitution
Revision Commission; prescribing duties of the Joint Legislative
Management Committee; authorizing the chairman of the commission
to incur expenses, expend funds, and employ personnel; directing
agencies to assist the commission; providing an appropriation; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
General Government Appropriations.

By Representatives Smith and Minton-

HB 311-A bill to be entitled An act relating to the Florida
Preservation 2000 Program; amending ss. 259.032 and 373.59, F.S.;
revising provisions which authorize certain counties to receive
payments in lieu of taxes from funds in the Conservation and Recreation
Lands Trust Fund or Water Management Lands Trust Fund for tax
losses incurred as a result of acquisitions under the program, to reduce
the percentage of tax loss required as a qualification for such payments;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water & Resource Management and
General Government Appropriations.

By Representatives Maygarden, Greene, Villalobos, Cosgrove,
Andrews, Sanderson, Culp, Flanagan, Rodriguez-Chomat, and
Stabins-
HB 313-A bill to be entitled An act relating to telecommunications;
creating ss. 125.421, 166.047, F.S.; prohibiting a local government from
owning a telecommunications company or providing
telecommunications services except through a business corporation
subject to all applicable taxes and fees; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Utilities & Communications and
Finance & Taxation.
By Representative Fuller-
HB 315-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.08, F.S.; revising the exemption for
food and drinks; providing definitions; providing an exemption for
certain foods, drinks, and other items provided to customers on a
complimentary basis by a dealer who sells food products at retail;
providing an exemption for foods and beverages donated by such dealers
to certain organizations; revising provisions relating to the technical
assistance advisory committee established to provide advice in
determining taxability of foods and medicines; providing membership
requirements; directing the Department of Revenue to develop
guidelines for such determination and providing requirements with
respect thereto; providing for use of the guidelines by the committee;
providing for determination of the taxability of specific products by the
department; authorizing the department to develop a central database
with respect thereto; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business Development &
International Trade and Finance & Taxation.
By Representative Wasserman Schultz-
HB 317-A bill to be entitled An act relating to nursing home
facilities; amending s. 400.022, F.S.; revising language with respect to

residents' rights; providing additional rights; amending s. 400.0255,
F.S.; redefining the terms "transfer" and "discharge"; amending s.
400.141, F.S.; requiring licensed facilities to perform additional duties;
creating s. 400.147, F.S.; requiring facilities to assist residents in
contacting physicians; amending s. 400.19, F.S.; providing additional
responsibilities of the Agency for Health Care Administration;
amending s. 400.23, F.S.; providing a minimum personnel requirement;
amending s. 400.0075, 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 Long Term Care and Health &
Human Services Appropriations.
By Representative Andrews-
HB 319-A bill to be entitled An act relating to minority business
enterprises; amending s. 287.0943, F.S.; providing a presumption for
certain certification purposes; providing an exclusion; amending s.
288.703, F.S.; revising definitions; specifying application; providing an
effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business Development &
International Trade and Governmental Operations.
HJR 321-Withdrawn
By Representative Lynn-

HB 323-A bill to be entitled An act relating to elections; amending
s. 101.141, F.S., relating to specifications for the primary election ballot;
providing clarification with respect to charter county offices on the
ballot; repealing s. 230.08, F.S., relating to nomination of school board
members in primary elections; amending s. 228.053, F.S.; correcting a
cross reference, to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Maygarden-
HB 325-A bill to be entitled An act relating to health maintenance
organizations; amending s. 641.315, F.S.; prohibiting provider contracts
from restricting a provider's ability to communicate certain information
to subscribers; amending s. 641.495, F.S.; requiring designation of a
state-licensed physician or osteopath as medical director; amending s.
641.51, F.S.; requiring out-of-network referrals to specialists, under
certain circumstances; requiring written procedures for standing
referrals for individuals who require ongoing specialty care for chronic
and disabling conditions; requiring certain continued access to
terminated treating providers for subscribers with a life-threatening or
a disabling and degenerative condition, and for certain pregnant
subscribers; providing limitations; requiring report to the Agency for
Health Care Administration of access, quality of care, and customer
satisfaction data; requiring adoption of certain recommendations for
preventive pediatric health care; amending s. 641.511, F.S.; requiring
an expedited grievance procedure for reviewing the denial of urgently
needed health care services; providing a time limit; amending s. 641.54,
F.S.; requiring disclosure to subscribers, upon request, of certain
policies, procedures, and processes relating to authorization and referral
for services, determination of medical necessity, quality of care,
prescription drug benefits, confidentiality of medical records, approval
or denial of experimental or investigational treatments, addressing the
needs of non-English-speaking subscribers, and examining
qualifications of and the credentialing of providers; requiring report to
the agency of changes in authorization and referral criteria or the
process used to determine medical necessity; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care Standards & Regulatory
Reform and Health & Human Services Appropriations.
By Representative Rojas-
HB 327-A bill to be entitled An act relating to local graffiti
ordinances; amending s. 806.13, F.S.; providing legislative intent;

March 4, 1997

65

66 JOURNAL OF THE HOUSE

providing that a county or municipality is not preempted by state law
from establishing an ordinance which prohibits the marking of graffiti
or other graffiti-related offense and penalizes such offense with higher
penalties than those provided by state law or with mandatory
community service and mandatory restitution; providing for the court to
apply such higher penalties in a delinquency or other proceeding for
violation of the ordinance; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Crime & Punishment, Community
Affairs, and Governmental Operations.

By Representative Morse-

HB 329-A bill to be entitled An act relating to mental health
services; amending s. 456.32, F.S.; including specified mental health
professionals within the definition of "practitioner of the healing arts";
amending s. 490.003, F.S.; revising and providing definitions relating to
the regulation of psychological services; amending s. 490.005, F.S.;
conforming cross references; creating s. 490.0051, F.S.; providing for
provisional licensure; repealing s. 490.008, F.S., relating to inactive
status; amending s. 490.0085, F.S.; authorizing the Board of Psychology
to designate an organization responsible for approval of continuing
education providers, programs, and courses for psychologists; amending
s. 490.009, F.S.; revising and providing grounds for disciplinary action;
amending s. 490.012, F.S.; providing requirements for display of licenses
and provisional licenses; eliminating a requirement relating to use of
the license number on professional advertisements; providing
requirements for promotional materials of provisional licensees;
conforming cross references; providing penalties; amending s. 490.014,
F.S.; clarifying applicability of exemption provisions; removing an
obsolete licensing exemption that required registration of certain
trainees or interns; amending s. 490.0147, F.S.; revising provisions
relating to waiver of secrecy of confidential communications; amending
s. 491.003, F.S.; revising and providing definitions relating to the
regulation of clinical, counseling, and psychotherapy services; creating
s. 491.0045, F.S.; requiring registration of interns and providing
requirements thereof; creating s. 491.0046, F.S.; providing for
provisional licensure; amending s. 491.005, F.S.; revising requirements
for licensure by examination; providing for additional educational
requirements at a future date; creating s. 491.0057, F.S.; providing for
dual licensure as a marriage and family therapist; amending s. 491.007,
F.S.; providing for biennial renewal of registrations; providing for fees;
amending s. 491.009, F.S.; revising and providing grounds for
disciplinary action; amending s. 491.012, F.S.; prohibiting the use of
certain titles under certain circumstances; providing a penalty;
amending s. 491.014, F.S.; revising and clarifying exemption provisions;
removing an obsolete licensing exemption that required registration of
certain trainees or interns; amending s. 491.0147, F.S.; revising
provisions relating to waiver of secrecy of confidential communications;
amending s. 491.0149, F.S.; requiring display of registrations and
provisional licenses and use of applicable professional titles on
promotional materials; amending s. 766.1115, F.S.; including specified
mental health professionals within the definition of "health care
provider" under the Access to Health Care Act; amending ss. 232.02 and
394.455, F.S.; correcting cross references, to conform; providing for a
work group to analyze community mental health care services;
requiring recommendations to the Legislature; providing effective
dates.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care Standards & Regulatory
Reform and Health & Human Services Appropriations.

By Representative Brooks-

HB 331-A bill to be entitled An act relating to education; authorizing
a scholarship program for high school students graduating at the end of
the eleventh grade; providing additional eligibility requirements;
providing for allocation of a portion of funds to high schools and school
districts; providing for transmission of funds to state community

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OF REPRESENTATIVES March 4, 1997

colleges and universities; authorizing adoption of rules; providing an
effective date.

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

By Representative Ogles-

HB 333-A bill to be entitled An act relating to truancy in the public
schools; requiring the Commissioner of Education to establish
demonstration projects to reduce truancy; providing project
components; requiring recommendations for legislation; providing an
effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12 and Education
Appropriations.
By Representative Rojas-

HB 335-A bill to be entitled An act relating to criminal history
background checks; providing legislative intent; creating s. 943.083,
F.S.; providing that certain religious, charitable, scientific, educational,
athletic, or service institutions or organizations with adult volunteers or
employees or applicants for employment working with, or having
regular unsupervised access to, children, elderly persons, or individuals
with disabilities require such volunteers, employees, or applicants to
provide fingerprints and other information necessary for criminal
history records checks by the Department of Law Enforcement and
Federal Bureau of Investigation and agree to the sharing of criminal
history records, under specified circumstances; defining "unsupervised
access"; providing for fees, and reductions thereof, for requested records
checks; providing an effective date.

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

By Representatives Feeney and Valdes-

HJR 337-A joint resolution proposing an amendment to Section 1 of
Article VII of the State Constitution to require voter approval of new or
increased taxes or deletion of existing exemptions from taxes except in
described circumstances.

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

By Representatives Arnall, Posey, and Kosmas-

HB 339-A bill to be entitled An act relating to real estate
transactions; amending s. 475.01, F.S.; defining the terms "customer,"
"first contact," and "principal"; redefining the term "transaction broker";
deleting the definition of the terms "buyer," "disclosed dual agent," and
"seller"; amending s. 475.25, F.S.; modifying grounds for the imposition
of discipline by the Florida Real Estate Commission; conforming a
statutory cross-reference; creating ss. 475.270, 475.272, 475.274,
475.276, 475.278, 475.280, F.S.; establishing the "Brokerage
Relationship Disclosure Act"; providing for notice of nonrepresentation;
providing for disclosure of authorized brokerage relationships and the
corresponding duties of real estate licensees; authorizing rulemaking by
the Florida Real Estate Commission; amending s. 475.5015, F.S.; adding
disclosure documents to items to be retained as brokerage business
records; amending s. 468.383, F.S.; conforming a statutory cross-
reference; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Real Property & Probate and
Business Regulation & Consumer Affairs.

HB 341-Withdrawn

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Rodriguez-Chomat-

HB 343-A bill to be entitled An act relating to sexual battery;
creating s. 794.025, F.S.; creating the "Officer Elizabeth Alvarez Child
Protection Act of 1997"; providing legislative findings and intent with
respect to imposition of mandatory minimum imprisonment upon sexual
batterers whose victims are under 13 years of age; providing a
mandatory minimum penalty of 2 years' imprisonment when the sexual
battery victim was under 13 years of age; providing for construction;
providing an effective date.

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

By Representative Rodriguez-Chomat-

HB 345-A bill to be entitled An act relating to general labor
regulations; creating s. 448.055, F.S.; creating the "Florida Basic
Survival Wage Act"; providing definitions; requiring employers to
provide certain breaks for each employee during each 8-hour work
period; providing for a minimum wage; providing for a wage payment
component; providing remedies; providing a time period for actions;
providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business Development &
International Trade, Governmental Rules & Regulations, and
Transportation & Economic Development Appropriations.

By Representative Ziebarth-

HB 347-A bill to be entitled An act relating to family practice
teaching hospitals; amending s. 395.806, F.S.; revising eligibility for
designation as a family practice teaching hospital; amending s. 395.807,
F.S.; revising membership and duties of the family practice physician
retention advisory committee; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care Standards & Regulatory
Reform.

By Representative Saunders-

HB 349-A bill to be entitled An act relating to the regulation of
health care facilities; amending s. 20.42, F.S.; deleting the responsibility
of the Division of Health Policy and Cost Control within the Agency for
Health Care Administration for reviewing hospital budgets; abolishing
the Health Care Board; amending s. 112.153, F.S., relating to local
governmental group insurance plans; updating provisions to reflect the
assumption by the Agency for Health Care Administration of duties
formerly performed by the Health Care Cost Containment Board;
amending s. 154.304, F.S., relating to health care for indigent persons;
revising definitions; amending ss. 212.055 and 394.4788, F.S., relating
to discretionary sales surtaxes and mental health services; updating
provisions relating to duties of the agency formerly performed by the
Health Care Cost Containment Board; amending s. 240.4076, F.S.;
conforming a cross reference to changes made by the act; amending s.
395.0163, F.S.; providing exemptions from construction inspections and
investigations by the Agency for Health Care Administration for certain
outpatient facilities; providing exceptions; amending s. 395.0197, F.S.;
exempting ambulatory surgical centers and hospitals from certain
staffing requirements in surgical recovery rooms; amending s. 395.1055,
F.S.; requiring the Agency for Health Care Administration to adopt
rules to assure that, following a disaster, licensed facilities are capable
of serving as shelters only for patients, staff, and the families of staff;
providing for applicability; providing for a report by the agency to the
Governor and Legislature; amending s. 395.401, F.S.; providing for
certain reports formerly made to the Health Care Board to be made to
the agency; amending s. 395.701, F.S., relating to the Public Medical
Assistance Trust Fund; revising definitions; amending s. 395.806, F.S.;
providing for the agency to assume the board's duties in reviewing
family practice teaching hospitals; amending s. 408.033, F.S.; revising
membership on the Statewide Health Council to reflect the abolishment
of the Health Care Board; amending ss. 408.05, 408.061, 408.062, and

408.063, F.S., relating to the State Center for Health Statistics and the
collection and dissemination of health care information; updating
provisions to reflect the assumption by the Agency for Health Care
Administration of duties formerly performed by the Health Care Board
and the former Department of Health and Rehabilitative Services;
authorizing the agency to conduct data-based studies and make
recommendations; deleting obsolete provisions; amending s. 408.07,
F.S.; deleting definitions made obsolete by the repeal of requirements
with respect to hospital budget reviews; amending s. 408.08, F.S.;
deleting provisions requiring the Health Care Board to review the
budgets of certain hospitals; deleting requirements that a hospital file
budget letters; deleting certain administrative penalties; amending s.
408.40, F.S.; removing a reference to the duties of the Public Counsel
with respect to hospital budget review proceedings; amending ss.
409.2673 and 409.9113, F.S., relating to health care programs for low-
income persons and the disproportionate share program for teaching
hospitals; updating provisions to reflect the abolishment of the Health
Care Cost Containment Board and the assumption of its duties by the
agency; amending s. 440.13, F.S., relating to reimbursements for
medical services under the Workers' Compensation Law; deleting a
reference to reviews of hospital budgets made obsolete by the act;
repealing ss. 395.403(9), 407.61, 408.003, 408.072, and 408.085, F.S.,
relating to reimbursement of state-sponsored trauma centers, studies by
the Health Care Board, appointment of members to the Health Care
Board, review of hospital budgets, and budget reviews of comprehensive
inpatient rehabilitation hospitals; providing for retroactive application
of the act; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care Standards & Regulatory
Reform, Financial Services, and Health & Human Services
Appropriations.

By Representative Bullard-

HJR 351-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 Civil Justice & Claims, Education/
K-12, Governmental Operations, and Education Appropriations.
By Representative Bullard-

HB 353-A bill to be entitled An act relating to education finance;
amending s. 236.081, F.S.; revising the calculation for determining the
annual allocation to each school district for operation of schools;
providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12, Governmental
Operations, and Education Appropriations.
HB 355-Withdrawn

By Representatives Heyman, Sanderson, Wise, Frankel, Casey,
Brennan, Dennis, Boyd, Turnbull, Bloom, Murman, Jacobs, Brown,
Mackenzie, Wasserman Schultz, D. Prewitt, Lynn, Meek, Warner,
Fischer, Silver, and Dawson-White-

HB 357-A bill to be entitled An act relating to child welfare;
amending s. 39.405, F.S.; revising certain guidelines relating to filing of
affidavit of diligent search in dependency cases; removing requirement
for appointment of guardian ad litem, under specified circumstances;
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;
revising duties of the Department of Children and Family Services with
respect to diligent searches; providing for notice by publication under

March 4, 1997

67

68 JOURNAL OF THE HOUSE

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"; creating s. 39.4054, F.S.; imposing an affirmative duty on
a parent to disclose information on the child's relatives, under specified
circumstances; amending s. 39.4625, F.S., relating to special procedures
in termination of parental rights cases when identity or location of
parent is unknown, and reenacting s. 39.462(1)(a), F.S., relating to
elements of petition for termination of parental rights, to incorporate
said amendment in references thereto; revising guidelines relating to
court inquiry and diligent search; amending s. 39.464, F.S., relating to
grounds for termination of parental rights, and reenacting s.
39.4611(1)(a) and (b) and (2), to incorporate said amendment in
references thereto; conforming provisions relating to diligent search;
providing an effective date.

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

By Representative Harrington-

HB 359-A bill to be entitled An act relating to plant control;
amending s. 369.252, F.S.; revising provisions relating to the
Department of Environmental Protection program to achieve
eradication or maintenance control of invasive exotic plants on public
lands; providing an effective date.

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

By Representatives Jacobs and Morse-

HB 361-A bill to be entitled An act relating to assistive technology
devices; creating part III of chapter 427, F.S.; creating the "Assistive
Technology Device Warranty Act"; providing definitions; requiring an
express warranty for manufacturers who sell assistive technology
devices; requiring refund, replacement, or repair of nonconforming
assistive technology devices; requiring disclosure of reasons for return
before resale or re-lease; allowing consumers the option of submitting
disputes to arbitration; permitting action for damages for violation of
the act; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business Regulation & Consumer
Affairs, Financial Services, and Civil Justice & Claims.

By Representative Melvin-

HB 363-A bill to be entitled An act relating to premium finance
agreements; amending s. 627.841, F.S.; revising the default period for
purposes of certain delinquency and collection charges; providing an
effective date.

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

By Representatives Posey, Jones, King, Littlefield, Jacobs, Kelly,
Brooks, Peaden, Minton, and Bronson-

HB 365-A bill to be entitled An act relating to managed care;
amending s. 627.6472, F.S.; requiring exclusive provider organizations
to provide direct patient access to a dermatologist under contract with
the organization and to develop criteria for compliance; amending s.
641.31, F.S.; requiring health maintenance organizations to provide
direct patient access to a dermatologist under contract with the
organization and to develop criteria for compliance; providing an
effective date.

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

1E

OF REPRESENTATIVES March 4, 1997

By Representative Rayson-

HB 367-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; providing for review of statutory mandates; 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 Innovation, Civil Justice
& Claims, and Education Appropriations.

By Representative Ritter-

HB 369-A bill to be entitled An act relating to the state lottery;
amending s. 24.115, F.S.; providing for unclaimed lottery prize money
to be used to enhance educational programs for public school students
in kindergarten through grade 12; providing for moneys to be
distributed proportionally among public schools according to the
number of students; providing an effective date.

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

By Representative Stafford-

HB 371-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 and Finance &
Taxation.

HB 373-Withdrawn
By Representatives Bronson, Flanagan, Mackey, Minton, Spratt,
Stabins, Sembler, and Fuller-

HB 375-A bill to be entitled An act relating to liens; creating s.
713.656, F.S.; providing for liens for bulk feed; providing definitions;
providing for a lien for distributors registered under s. 580.041, F.S., of
the Florida Commercial Feed Law who furnish bulk feed for the unpaid
portion of such bulk feed; providing an exception; requiring feeders to
obtain a "feed bond" of not less than $25,000; providing a presumption;
providing for the term of the lien; providing for perfection of the lien;
providing for notice; requiring the clerk of the circuit court to file a claim
of lien and charge a fee therefore; providing for a termination statement
upon the satisfaction of the lien; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture and Civil Justice &
Claims.

By Representative Bronson-

HB 377-A bill to be entitled An act relating to juries; amending s.
40.24, F.S., relating to compensation for juror service; authorizing
donation of juror compensation to a program specified by a certified
guardian ad litem program or to a domestic violence shelter; providing
duties of the clerk of court and guidelines with respect to receipt or
expenditures of such donated moneys; providing an effective date.

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

HB 379-A bill to be entitled An act relating to carrying of self-
defense weapons or devices; amending s. 790.001, F.S.; providing an

JOURNAL OF THE HOUSI

exception for certain self-defense chemical sprays from the definition of
"tear gas gun," "chemical weapon," or "device"; amending s. 790.01, F.S.,
relating to carrying concealed weapons; providing that certain chemical
weapons or devices, or stun guns or nonlethal electric weapons or
devices, may be carried openly or concealed for lawful self-defense,
without violating specified prohibitions; amending s. 790.053, F.S.,
relating to open carrying of weapons; providing that certain chemical
weapons or devices, or stun guns or nonlethal electric weapons or
devices may be carried openly for lawful self-defense, without violating
specified prohibitions; creating s. 790.054, F.S.; defining the offense of
knowingly and willfully using a chemical weapon or device or stun gun
or nonlethal electric weapon or device against a law enforcement officer
engaged in the performance of duty, and providing penalties therefore;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Law Enforcement & Public Safety.
By Representative Carlton-
HB 381-A bill to be entitled An act relating to public nuisances;
amending s. 893.138, F.S.; providing that counties and municipalities
may impose additional penalties by ordinance on the owner of a place
declared to be a public nuisance; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Real Property & Probate, Community
Affairs, Finance & Taxation, and Criminal Justice Appropriations.
By Representatives Clemons, Safley, and Ziebarth-

HB 383-A bill to be entitled An act relating to money transmitters;
amending s. 560.103, F.S.; revising certain definitions; amending s.
560.111, F.S.; specifying a prohibited activity; amending s. 560.114,
F.S.; specifying additional grounds for certain disciplinary action;
amending s. 560.118, F.S.; authorizing the Department of Banking and
Finance to require certain audits or examinations; providing for costs;
amending s. 560.128, F.S.; authorizing the department to require money
transmitters to display a copy of registrations at certain locations;
amending s. 560.205, F.S.; specifying additional required information in
registration applications; providing an effective date.

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

By Representative Feeney-
HB 385-A bill to be entitled An act relating to sentencing; amending
s. 775.0845, F.S.; restating legislative intent with respect to sentencing
for offenses committed while wearing a mask, hood, or similar device;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Crime & Punishment and Criminal
Justice Appropriations.

By Representative Feeney-

HB 387-A bill to be entitled An act relating to game and fish;
creating s. 372.7015, F.S.; providing a fine for the illegal taking or killing
of wildlife or game; providing for the disposition of the fine; creating s.
372.7016, F.S.; establishing a "Voluntary Authorized Hunter
Identification Program"; providing that persons who hunt on private
land enrolled in the program must have identification and authorization
available while hunting when demanded by law enforcement officers;
providing definitions; providing penalties for violations; amending s.
810.09, F.S.; providing that unauthorized persons shooting lethal
projectiles across private land are guilty of trespassing; providing
definitions; providing penalties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water & Resource Management and
Finance & Taxation.

March 4, 1997

SOF REPRESENTATIVES 69

By Representatives Martinez and Villalobos-

HB 389-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 who is 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, Crime &
Punishment, Finance & Taxation, and General Government
Appropriations.

By Representative Mackey-

HB 391-A bill to be entitled An act relating to landscape
architecture; amending s. 481.303, F.S.; defining "planting design";
amending s. 481.329, F.S.; exempting planting design, with certain
restrictions, from regulation under part II ofch. 481, F.S., relating to the
regulation of landscape architecture; providing an effective date.

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

Referred to the Committee(s) on Business Regulation & Consumer
Affairs and Agriculture.

By Representative Morroni-

HB 393-A bill to be entitled An act relating to public notices;
creating s. 775.212, F.S.; requiring the sheriff or chief of police of the
county or municipality wherein an offender released from incarceration
plans to reside to notify the public if the offender is a violent offender;
specifying the information to be provided to the public; defining the term
"violent offender" for purposes of s. 775.212, F.S., to mean a person who
has been convicted of specified violent felonies or convicted of an attempt
or conspiracy to commit such felonies; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Rules & Regulations
and Crime & Punishment.

By Representative Sembler-

HB 395-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 Real Property & Probate.

By Representatives Lippman and Safley-

HB 397-A bill to be entitled An act relating to international banking;
amending s. 655.059, F.S.; providing for access to books and records of
international banking corporations under certain circumstances;
amending s. 663.01, F.S.; revising a definition; amending s. 663.07, F.S.;
clarifying exclusion of certain deposits, borrowings, and credit of
international banking facilities from total assets and liabilities;
clarifying certain cash and security deposit requirements for
international bank agencies or international branches; creating ss.
663.16-663.181, F.S.; providing for liquidation of international bank
agencies and branches; providing definitions; providing for possession of
a business and property by the Department of Banking and Finance;
providing for inventory of assets; providing for wages; providing for
deposit of certain assets; providing for appointment of agents and
judges; providing for repudiation of contracts; providing for liability on
repudiation or termination of contracts; providing for retention of
certain security interests under qualified financial contracts; providing

70 JOURNAL OF THE HOUSE

for effects on leases under repudiated contracts; providing for effect of
possession of an international banking corporation by the department;
providing for damages; requiring notice of taking possession; providing
criteria; providing for disposition of certain property; providing for
claims; providing procedures; exempting the department from paying
certain fees; providing for challenging possession of an international
banking corporation by the department; repealing s. 663.02(2), F.S.,
relating to applicability of certain state banking laws to certain financial
institutions; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Financial Services, Civil Justice &
Claims, and General Government Appropriations.

By Representative Flanagan-

HB 399-A bill to be entitled An act relating to coordinated business
reporting; providing legislative findings and intent; creating the
"Florida Business Coordination Act"; providing definitions; requiring
the Department of State to create a master business index for certain
purposes; designating the Secretary of State as the custodian of the
index; providing duties of the department; requiring certain state
agencies to maintain certain records; requiring the Secretary of State to
conduct a study and develop legislation for certain purposes; repealing
s. 119.092, F.S., relating to registration of federal employer registration
numbers; providing an effective date.

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

By Representatives Lynn and Feeney-
HB 401-A bill to be entitled An act relating to public assistance;
creating s. 414.0951, F.S.; providing for drug testing of applicants for
and participants in WAGES, Medicaid, and other public assistance
programs, under the Department of Children and Family Services;
providing definitions; providing state policy on drug testing; providing
expected outcome and objectives; providing for standards; requiring
certain notice to applicants and participants; specifying types of drug
testing the department is authorized to conduct; providing for the costs
of drug testing and drug abuse treatment; requiring certain
confirmation of positive test results; providing procedures for drug
testing, notification of test results, retesting, and challenge of test
results; prohibiting an applicant or participant from participating in
work activities or support services or receiving benefits, under specified
conditions; providing conditions for reinstatement of an applicant or
participant; providing certain protections; providing for hearing and
appeal of department decisions; providing that federal requirements
preempt state law and rules; authorizing the department to adopt rules;
providing for review of federal law and application for waivers;
providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Lynn and Feeney-

HB 403-A bill to be entitled An act relating to public records;
amending s. 414.0951, F.S.; providing an exemption from public records
requirements for certain information relating to drug testing of
applicants for and participants in WAGES, Medicaid, and other public
assistance programs; providing exceptions and limitations; 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).
By Representative Martinez-

HB 405-A bill to be entitled An act relating to discretionary sales
surtaxes; amending s. 212.055, F.S.; correcting an obsolete reference;
postponing the expiration date for the indigent care surtax; providing an
effective date.

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

E

___ __

OF REPRESENTATIVES March 4, 1997

By Representative Bullard-

HB 407-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;
exempting specified persons from the fees; prohibiting local
governments from charging certain fees while being 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 Environmental Protection, Finance
& Taxation, and General Government Appropriations.

By Representative Ball-

HB 409-A bill to be entitled An act relating to criminal exposure of
sexual organs; amending s. 800.03, F.S.; prohibiting willfully and
intentionally being "naked," as defined, in certain lands under
concurrent state and federal jurisdiction; providing penalties;
reenacting ss. 914.16, 933.18(7)(c), and 943.051(3)(b), F.S., relating to
limits on interviews of victims of child abuse and sexual abuse of
children under age 16 or persons with mental retardation, issuance of
warrant for search of private dwelling, and fingerprinting of minors for
criminal justice information purposes, respectively, 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 Crime & Punishment.

By Representatives Byrd and Casey-

HB 411-A bill to be entitled An act relating to medical
transportation services; amending s. 401.291, F.S.; revising legislative
intent with respect to automatic external defibrillators; revising
requirements with respect to training and qualifications to use an
automatic or semiautomatic defibrillator; providing an effective date.

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

By Representatives Ogles and Feeney-

HB 413-A bill to be entitled An act relating to workers'
compensation; amending s. 440.15, F.S.; prohibiting compensation for
disability to prisoners under the Workers' Compensation Law during
periods of confinement in a public institution; reenacting s. 39.05845(3),
F.S., relating to juvenile work programs 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 Financial Services and Corrections.

By Representative Reddick-

HB 415-A bill to be entitled An act relating to uniform traffic control;
amending s. 316.1974, F.S.; providing for funeral procession right-of-
way and liability; providing definitions; providing for required
equipment; providing for right-of-way; providing for driving in
procession; providing for other vehicles; providing for liability;
amending s. 316.072, F.S.; including certain law enforcement vehicles in
a list of authorized emergency vehicles; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Civil Justice & Claims and Business
Regulation & Consumer Affairs.
By Representatives Argenziano and Burroughs-

HB 417-A bill to be entitled An act relating to sentencing; amending
s. 921.0016, F.S.; providing that substance abuse or addiction, including

JOURNAL OF THE HOUSE

intoxication, shall not be the basis for mitigating a recommended
guidelines sentence; providing an effective date.

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

By Representative Bush-

HB 419-A bill to be entitled An act relating to road designation;
designating a portion of State Road 9 (N.W. 27 Ave.) and N.W. 54 Street
in Dade County as the Brownsville Commercial District; directing the
Department of Transportation to erect suitable markers; providing an
effective date.

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

By Representative Livingston-

HB 421-A bill to be entitled An act relating to the North Fort Myers
Fire Control and Rescue Service District, Lee County, amending ch.
30925, Laws of Florida, 1955, as amended; providing for emergency
medical and rescue response services; providing an effective date.

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

By Representative Livingston-

HB 423-A bill to be entitled An act relating to the lona McGregor
Fire Protection and Rescue Service District, Lee County; amending ch.
75-421, Laws of Florida, as amended; authorizing the board of the
district to establish and maintain emergency and rescue response
services; providing an effective date.

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

By Representative Livingston-

HB 425-A bill to be entitled An act relating to Lee County; amending
chapter 76-414, Laws of Florida, as amended; authorizing the district to
establish and maintain emergency medical services and acquire and
maintain rescue, medical, and other emergency equipment; amending
the date the board elects its officers; increasing the minimum rate of ad
valorem taxes that may be levied to provide funds for the district;
providing for a referendum; reporting the actions of the board and
accounting of its funds in accordance with chapter 189, Laws of Florida;
providing an effective date.

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

By Representative Livingston-

HB 427-A bill to be entitled An act relating to Lee County; amending
chapter 76-411, Laws of Florida, as amended; amending the Enabling
Act of the San Carlos Park Fire Protection and Rescue Service District;
excluding certain lands within the district and revising powers of the
board of the district; providing an effective date.

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

March 4, 1997

OF REPRESENTATIVES 71

By Representative Livingston-

HB 429-A bill to be entitled An act relating to the Estero Fire
Protection and Rescue Service District, Lee County; amending ch. 76-
408, Laws of Florida, as amended; authorizing the district to establish
and maintain emergency medical and rescue response services;
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 Livingston and Carlton-

HB 431-A bill to be entitled An act relating to secondhand dealers;
amending ss. 516.02, 538.03, 538.15, and 538.16, F.S.; removing the
authority of secondhand dealers to engage in title loan transactions;
repealing s. 538.06(5), F.S., relating to title loan transactions by
secondhand dealers; providing for the application of the act; providing
an effective date.

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

HB 433-A bill to be entitled An act relating to the Board of
Professional Engineers; creating s. 417.038, F.S.; providing legislative
findings and intent; providing definitions; creating the Florida
Engineers Management Corporation; providing for the organization,
powers, and duties of the corporation; providing an appropriation;
providing an effective date.

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

By Representative Bush-

HB 435-A bill to be entitled An act relating to youth employment;
creating the "Florida Comprehensive Youth Employment Act";
requiring that each state agency having an annual budget of $1,000,000
or more include a separate budget category for youth employment;
providing a portion of such budget category for the employment of
minority youths; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Children & Family Empowerment,
Governmental Operations, and General Government Appropriations.

By Representative Miller-

HJR 437-A joint resolution proposing the creation of Section 10 of
Article II of the State Constitution, relating to elected public officers.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Election Reform, Governmental
Operations, and Rules, Resolutions, & Ethics.

By Representative Miller-

HJR 439-A joint resolution proposing amendments to Section 15 of
Article III, Sections 8, 17, and 18 of Article V, and Section 1 of Article
VIII and the creation of Section 7 of Article VI of the State Constitution,
relating to residency requirements for justices, judges, legislators, state
attorneys, public defenders, and county commissioners.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Sanderson, Safley, Lawson, Bainter, Flanagan,
Rayson, Dennis, Ball, Maygarden, Cosgrove, Lippman, Mackey, and
Livingston-

HB 441-A bill to be entitled An act relating to the operational
responsibilities of the Comptroller; amending s. 17.20, F.S.; providing

72 JOURNAL OF THE HOUSE

for the collection by contractors of certain fees and expenses on
unclaimed property; amending s. 17.325, F.S.; revising language with
respect to the governmental efficiency hotline and Get Lean telephone
calls; amending s. 687.143, F.S.; providing for the deposit of certain fines
into the Division of Financial Investigations Administrative Trust
Fund; amending s. 939.01, F.S.; providing for the inclusion of certain
costs of investigators of the Division of Financial Investigations in the
judgment for cost in criminal convictions; providing an effective date.

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

By Representative Trovillion-

HB 443-A bill to be entitled An act relating to firesafety; amending
s. 633.537, F.S.; revising continuing education requirements with
respect to certificates issued by the State Fire Marshal to certain
contractors; providing an effective date.

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

By Representatives Starks, Lippman, Bainter, Lynn, Fasano,
Littlefield, Wise, Fuller, Miller, Stabins, Rodriguez-Chomat, Bradley,
Spratt, Valdes, K. Pruitt, Merchant, Posey, Futch, Thrasher, Culp,
Argenziano, Jones, Albright, Putnam, Dockery, Feeney, Dawson-White,
Ogles, Barreiro, Jacobs, Hafner, Greene, Byrd, Villalobos, Cosgrove,
Bitner, Effman, Sanderson, Arnall, Burroughs, Meek, Flanagan, Morse,
Ziebarth, Sembler, Sublette, Bullard, Maygarden, Melvin, Logan,
Smith, Diaz de la Portilla, Morroni, Dennis, Edwards, Rayson, Ball,
Kelly, Healey, King, Clemons, Harrington, Andrews, Crist, Crow,
Trovillion, Warner, Lacasa, Casey, Roberts-Burke, Eggelletion,
Heyman, Goode, Ritter, Chestnut, Wallace, Bush, Brooks, and Brown-

HB 445-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 Community Affairs, Finance &
Taxation, and General Government Appropriations.

By Representatives Lippman, Jones, Feeney, Trovillion, Cosgrove,
Fuller, Sublette, Miller, and Tobin-

HB 447-A bill to be entitled An act relating to the Florida Safety Belt
Law; amending s. 316.614, F.S.; deleting obsolete language; providing
an exception to safety belt use; 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, Law Enforcement &
Public Safety, Governmental Operations, Finance & Taxation, and
Criminal Justice Appropriations.

By Representative Jones-

HB 449-A bill to be entitled An act relating to criminal actions
committed through the use of simulated legal process or under false
color of law; creating s. 843.0855, F.S.; providing definitions; defining
the offense of deliberately impersonating or falsely acting as a public
officer or tribunal or public employee or utility employee in connection
with or relating to legal process, or taking action under color of law
against persons or property, and providing penalties therefore; defining
the offense of simulating legal process with knowledge or reason to know
of fraud with respect to a legal document, proceeding, or basis for action,

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OF REPRESENTATIVES March 4, 1997

and providing penalties therefore; defining the offense of falsely under
color of law attempting to influence, intimidate, or hinder a public officer
or law enforcement officer in the discharge of official duties, and
providing penalties therefore; providing for applicability; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Crime & Punishment.
By Representative Ziebarth-

HB 451-A bill to be entitled An act relating to the Public Education
Capital Outlay and Debt Service Trust Fund; amending ss. 212.20 and
235.42, F.S.; providing for deposit of a portion of the revenues from the
tax on sales, use, and other transactions imposed by chapter 212, F:S.,
in the trust fund; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12, Governmental
Operations, Finance & Taxation, and Education Appropriations.
By Representative Mackey-
HB 453-A bill to be entitled An act relating to mastectomies;
amending s. 627.6417, F.S.; specifying certain deductible and benefits
criteria; providing additional criteria for purposes of a definition;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care Services.
By Representatives Warner and Feeney-

HB 455-A bill to be entitled An act relating to imposition of adult
sanctions upon children; amending s. 39.059, F.S., relating to
community control or commitment of children prosecuted as adults;
removing a requirement that a decision by the court to impose adult
sanctions upon certain offenders must be in writing; providing for a
presumption that the sentence imposing adult sanctions is appropriate;
reenacting s. 39.052(3)(a), F.S., relating to transfer of a child for
prosecution as an adult, to incorporate said amendment in references;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Morroni-

HB 457-A bill to be entitled An act relating to residential insurance;
amending s. 627.4025, F.S.; including insurance policies for cooperative
unit owners and cooperative associations within certain residential
insurance coverage provisions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Financial Services.
By Representatives Turnbull, Lawson, K. Pruitt, and Horan-
HB 459-A bill to be entitled An act relating to state group insurance;
amending s. 110.123, F.S.; providing a definition; creating the Division
of State Group Insurance in the Department of Management Services;
requiring the department to provide administrative support and service
to the division; excluding the division from control, supervision, or
direction by the department; providing for a director of the division;
providing requirements; providing for administration of the state group
insurance program by the division; providing criteria for division
contracts with insuring entities; requiring a bond under certain
circumstances; providing for liquidated damages under certain
circumstances; providing for application of certain administrative
procedures provisions; providing exceptions; authorizing the division to
adopt rules; creating the State Employee Health Benefit Council within
the division for certain purposes; providing for membership; providing
for meetings of the council; providing duties of the council; providing for
per diem and travel expenses; requiring division to assist the council;
providing an effective date.

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

JOURNAL OF THE HOUSE

By Representative Thrasher-

HB 461-A bill to be entitled An act relating to elections; amending
s. 106.08, F.S., relating to limitations on campaign contributions;
revising restrictions on contributions by and prohibiting certain
contributions to a political party; requiring the reporting of illegal
contributions; providing penalties; amending ss. 106.04 and 106.07,
F.S.; increasing the fine for late filing of campaign financing reports by
candidates, political committees, and committees of continuous
existence; providing for deposit of such fines in the Elections
Commission Trust Fund; eliminating an inoperable provision relating to
certain first-time offenders; amending s. 106.29, F.S.; increasing the fine
for late filing of campaign finance reports by political parties;
prohibiting political parties from contributing to candidates beyond a
specified amount; clarifying reporting requirements; providing
penalties; amending s. 106.021, F.S.; reducing the required minimum
number of candidates that may be jointly endorsed under certain
circumstances without the expenditures therefore being considered as
contributions to or expenditures on behalf of such candidates; amending
ss. 99.092, 99.093, and 105.031, F.S.; revising the candidate filing fee
and the municipal candidate election assessment; amending s. 99.103,
F.S., relating to distribution of party assessments and certain filing fees,
to conform; 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. 106.143, F.S.; providing requirements for political
advertisements with respect to candidate approval; creating s. 106.147,
F.S.; providing disclosure requirements and prohibitions relating to
political solicitation by telephone; providing an exemption; providing
penalties; creating s. 106.148, F.S.; providing disclosure requirements
for political solicitation by online computer service; amending s. 99.097,
F.S., relating to verification of signatures on petitions; clarifying
petition requirements with respect to addresses; 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; 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; 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; removing language pertaining to ballot
content and validity of absentee ballots for overseas electors; 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

March 4, 1997

OF REPRESENTATIVES 73

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;
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 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
commission authority to investigate, consider, and determine such
violations; providing procedure; amending s. 106.26, F.S.; providing
procedure upon a determination that such a residency violation has
occurred or has not occurred; 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; amending s. 104.011, F.S.;
increasing the penalty for willfully submitting false voter registration
information; amending s. 104.012, F.S.; prohibiting the altering of a
voter registration application of another person without that person's
knowledge and consent; providing a penalty; 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 not otherwise confidential or exempt
from public records requirements 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 for the central voter file; amending s.
101.591, F.S.; providing for voting system audits only upon specific
appropriation and directive of the Legislature; amending s. 125.01, F.S.;
correcting a cross reference; transferring the Florida Elections
Commission from the Department of State to the Department of Legal
Affairs, Office of the Attorney General; amending s. 104.271, F.S.;
authorizing filing of complaints with the commission relating to false
statements about candidates; amending s. 106.19, F.S.; eliminating
authority of the Division of Elections to bring civil actions to recover
certain civil penalties; amending s. 106.22, F.S.; deleting duties of the
division relating to investigation of complaints; requiring the division to
report certain information to the commission; requiring the division to
conduct preliminary investigations into irregularities or fraud involving
voter registration or voting and report the findings to the appropriate
state attorney for prosecution, where warranted; requiring the division
to perform random audits relating to reports and statements required
to be filed under ch. 106, F.S., relating to campaign financing; amending
s. 106.23, F.S.; restricting powers of the division to issue subpoenas and
administer oaths to specified duties; amending s. 106.24, F.S.;
increasing membership of the commission; revising appointment
procedures and criteria for membership on the commission; revising
administrative and organizational structure of the commission;
providing for appointment of an executive director and employment of
staff; authorizing the commission to contract or consult with other state
agencies for assistance as needed; amending s. 106.25, F.S.; vesting the
commission with jurisdiction to investigate and determine violations of
ch. 106, F.S.; requiring transmittal of a copy of a sworn complaint to the

74 JOURNAL OF THE HOUSE

alleged violator; providing for an administrative hearing upon written
request of the alleged violator; amending s. 106.26, F.S.; providing
rulemaking authority to the commission relating to its investigative
responsibilities; prohibiting the commission from issuing advisory
opinions; providing for establishment by rule of minor offenses that may
be resolved without further investigation by means of a plea of no
contest and a fine; requiring the commission to adhere to statutory law
and advisory opinions of the division; amending s. 106.265, F.S.;
requiring the State Comptroller to collect fines resulting from actions of
the commission in circuit court to enforce payment of civil penalties;
providing for termination of terms of current members of the
commission and appointment of new members; transferring to the
commission all division records, personnel, property, and unexpended
funds associated with the complaint investigation process under ch. 106,
F.S.; providing for transition from the current commission to the newly
constituted commission; providing effective dates, including contingent
effective dates.

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

Referred to the Committee(s) on Election Reform.

By Representative Miller-

HB 463-A bill to be entitled An act relating to elections; amending
s. 99.021, F.S.; revising requirements for nomination as a candidate of
a political party relating to duration of political party affiliation;
amending s. 106.08, F.S., relating to limitations on campaign
contributions; providing a lower limit for contributions from certain
lobbyists to candidates who are or were, within a specified period,
legislators; revising provisions relating to the return of contributions by
unopposed candidates; requiring the reporting of illegal contributions
and attempts to make illegal contributions; providing penalties;
increasing civil and criminal penalties for certain repeat offenses;
reenacting ss. 106.04(5), 106.075(2), 106.19(1)(a), and 106.29(4), F.S.,
relating to committees of continuous existence, limitations on
contributions to pay loans, acceptance of contributions in excess of the
lawful limits, and political parties, to incorporate the amendment to s.
106.08, F.S., in references thereto; amending s. 921.0012, F.S., relating
to sentencing guidelines; providing an offense level for felonies involving
indirect political contributions; amending s. 106.085, F.S.; revising
notice requirements for certain independent expenditures; applying
such requirements to political parties; providing penalties; creating s.
106.087, F.S.; prohibiting political parties that accept filing fees from
making independent expenditures; providing penalties; amending s.
106.141, F.S., relating to disposition of surplus funds by candidates;
prohibiting reimbursement by the campaign for any reported
contributions by the candidate to the campaign; amending s. 106.143,
F.S.; providing requirements for political advertisements with respect to
candidate approval; creating s. 106.1431, F.S.; providing disclosure
requirements and prohibitions relating tb political solicitation by
telephone; providing an exemption; providing penalties; amending s.
104.271, F.S.; authorizing filing of complaints with the Florida Elections
Commission relating to false statements about candidates; amending s.
106.19, F.S.; eliminating authority of the Division of Elections to bring
civil actions to recover certain civil penalties; amending s. 106.22, F.S.;
deleting duties of the division relating to investigation of complaints;
requiring the division to report certain information to the commission;
amending s. 106.23, F.S.; deleting powers of the division to issue
subpoenas and administer oaths relating to investigation of alleged
violations of ch. 106, F.S., relating to campaign financing; transferring
advisory opinion responsibilities from the division to the commission;
amending s. 106.24, F.S.; revising administrative and organizational
structure of the commission; providing for appointment of an executive
director and employment of staff; authorizing the commission to
contract or consult with other state agencies for assistance as needed;
amending s. 106.25, F.S.; vesting the commission with jurisdiction to
investigate and determine violations of ch. 106, F.S.; requiring
transmittal of a copy of a sworn complaint to the alleged violator;
providing for an administrative hearing upon written request of the
alleged violator; amending s. 106.26, F.S.; providing rulemaking
authority to the commission relating to its investigative responsibilities;

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OF REPRESENTATIVES March 4, 1997

amending s. 106.295, F.S., relating to leadership funds; prohibiting the
acceptance or solicitation of contributions for any legislative campaign
if such funds are raised to enable a legislator to acquire or maintain a
leadership position; creating s. 106.297, F.S.; providing for voluntary
expenditure limits for candidates for legislative office; requiring an
affidavit of acceptance or rejection of such limits; requiring a
postelection audit of the campaign account of any candidate who agrees
to abide by such limits; exempting candidates who agree to abide by
such limits from filing fees; providing penalties; providing for
designation of candidates who agree to abide by such limits on sample
ballots and on official ballots; providing severability; providing effective
dates.

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

By Representative Flanagan-

HB 465-A bill to be entitled An act relating to criminal justice
officers; amending s. 112.532, F.S., relating to law enforcement officers'
and correctional officers' rights; requiring certain notice to a law
enforcement officer or correctional officer under internal investigation;
providing a limitation with respect to the right to counsel or
representation of the officer under investigation; repealing s. 112.533(3),
F.S., relating to the offense of willful disclosure by a participant in an
internal investigation of certain confidential information; amending s.
119.07, F.S., relating to inspection, examination, and duplication of
public records; providing that the exemption from public records
requirements for photographs of former or active law enforcement
personnel is inapplicable in the case of arrested personnel; providing an
effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Carlton and Feeney-

HB 467-A bill to be entitled An act relating to school buses;
amending s. 316.172, F.S.; providing additional penalties for passing to
the right side of a school bus which is displaying a stop signal; providing
for warning lights pursuant to rule of the State Board of Education;
amending s. 318.18, F.S.; providing a fine for illegally passing to the
right side of a school bus; amending s. 318.19, F.S.; providing a
mandatory hearing for illegally passing to the right side of a school bus;
providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Law Enforcement & Public Safety
and Transportation.

By Representatives Trovillion and Feeney-

HB 469-A bill to be entitled An act relating to education; providing
for a review over a 4-year period of the portions of the Florida School
Code that govern the public schools; repealing chs. 228, 229, and 230,
F.S., on July 1, 1998, and providing for prior legislative review;
repealing chs. 232, 233, and 239, F.S., on July 1, 1999, and providing for
prior legislative review; repealing chs. 231, 234, and 238, F.S., on July
1, 2000, and providing for prior legislative review; repealing chs. 235,
236, and 237, F.S., on July 1, 2001, and providing for prior legislative
review; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12 and Governmental
Operations.

By Representative Bainter-

HB 471-A bill to be entitled An act relating to insurance
receivership; creating the "Interstate Insurance Receivership Compact";
providing purposes; providing definitions; establishing the Interstate
Insurance Receivership Commission; providing powers of the
commission; providing for membership of the commission; providing for

JOURNAL OF THE HOUSI

an executive director and staff; providing for immunity from liability for
the commission and staff; providing for meetings of the commission;
providing for rulemaking functions of the commission; providing for
oversight and dispute resolution; providing procedures; providing
receivership functions of the commission; providing for financing of
commission expenses; authorizing the commission to levy and collect an
annual assessment from member states and insurers; specifying a rate
of assessment; providing limitations; exempting the commission from all
taxation; providing for effect of the compact; providing for amendment
of the compact; providing for withdrawal from the compact; providing
consequences for default by a compacting state; providing for dissolution
of the compact; providing severability and construction; providing for
binding effect of the compact; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Financial Services, Governmental
Rules & Regulations, Finance & Taxation, and General Government
Appropriations.

By Representatives Bitner, Thrasher, and Crow-

HB 473-A bill to be entitled An act relating to waiver of sovereign
immunity in tort actions; amending s. 768.28, F.S.; prescribing time for
submitting notice of a claim to the Department of Insurance; prohibiting
actions against the state or its agencies or subdivisions by persons who
are operating a motor vehicle while under the influence of drugs or
alcohol, by passengers in a motor vehicle that is operated by a person
who is under the influence of drugs or alcohol, and by persons using
property without permission or in an unintended manner; providing an
effective date.

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

By Representative Brown-

HB 475-A bill to be entitled An act relating to juvenile sexual
offenders; amending s. 39.0571, F.S.; requiring the Department of
Juvenile Justice to establish a certification process for juvenile sexual
offender commitment programs; prohibiting uncertified programs from
holding themselves out as juvenile sex offender day treatment or
residential treatment programs as of January 1, 1999; 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 sales tax on
charges for personal escort services; amending s. 212.20, F.S.; providing
for deposit of the proceeds of said taxes in the Grants and Donations
Trust Fund under the Department of Juvenile Justice to fund grants
under the Sexual Abuse Intervention Network; amending s. 490.012,
F.S., relating to violations, penalties, and injunction; defining the
offense of unlicensed practice of "juvenile sexual offender therapy" for
compensation, and providing penalties therefore; providing for injunctive
relief; creating s. 490.0145, F.S.; providing that only persons licensed
under ch. 490, F.S., relating to psychological services, or ch. 491, F.S.,
relating to clinical, counseling, and psychotherapy services, may hold
themselves out as juvenile sexual offender therapists; prescribing
qualifications for licensure under ch. 490, F.S., as a juvenile sexual
offender therapist; providing for adoption of rules by the Board of
Psychology relating to such qualifications; amending s. 491.003, F.S.;
redefining "practice of clinical social work," "practice of marriage and
family therapy," and "practice of mental health counseling" with respect
to ch. 491, F.S., to include juvenile sexual offender therapy; reenacting
s. 491.012(1)(i)-(k), F.S., relating to violations and penalties, and s.
491.014(7), F.S., relating to exemptions, to incorporate said amendment
in references; amending s. 491.012, F.S.; defining the offenses of
unlawful use of the term "juvenile sexual offender therapist," and
providing penalties therefore; defining the offense of unlicensed practice
of "juvenile sexual offender therapy" for compensation, and providing
penalties therefore; defining the offense of unlawful description .of

March 4, 1997

S OF REPRESENTATIVES 75

services using the term, or derivative thereof, "juvenile sexual offender
therapy," and providing penalties therefore; providing for injunctive
relief with respect to such offenses; creating s. 491.0144, F.S.;
prescribing qualifications for licensure of a juvenile sexual offender
therapist under ch. 491, F.S.; providing for adoption of rules with
respect to such licensure by the Board of Clinical Social Work, Marriage
and Family Therapy, and Mental Health Counseling; creating s.
943.17291, F.S.; requiring the Criminal Justice Standards and Training
Commission to incorporate certain instruction into certain law
enforcement officer course curriculum; creating s. 943.17295, F.S.;
requiring the commission to incorporate certain subjects into certain
law enforcement officer continuous employment or appointment
curricula; creating s. 39.0251, F.S.; requiring the department to
establish the Sexual Abuse Intervention Network; providing for use of
the proceeds of the tax on admissions to establishments offering,
advertising, or engaging in adult entertainment services and of the tax
on personal escort services to fund grants under the network;
delineating procedures for grant awards; providing an effective date.

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

By Representative Logan-

HB 477-A bill to be entitled An act relating to tax administration;
amending s. 95.091, F.S.; revising time periods within which the
Department of Revenue and Department of Business and Professional
Regulation may determine and assess the amount of any tax, penalty,
or interest due under taxes which they have authority to administer;
amending s. 213.015, F.S.; specifying additional taxpayer's rights;
creating s. 213.235, F.S.; providing for determination of the annual rate
of interest applicable to tax payment deficiencies; creating s. 213.255,
F.S.; providing for payment of interest on overpayments of taxes,
payment of taxes not due, or taxes paid in error with respect to taxes
administered by the Department of Revenue if refund is not made
within a specified period; providing requirements for refund
applications; requiring a bond or other security under certain
conditions; amending s. 213.34, F.S.; providing that no part of the
compensation of an employee or agent of the state performing a tax
audit shall be based on amounts assessed or collected as a result of the
audit; amending s. 215.26, F.S.; revising the time period within which
application for refund of taxes must be made; amending s. 197.172, F.S.,
relating to the rate of interest on delinquent real and personal property
taxes, s. 193.1145, F.S., relating to the rate of interest on delinquent
provisional property taxes, s. 198.18, F.S., relating to the rate of interest
on delinquent estate taxes, s. 199.282, F.S., relating to the rate of
interest on delinquent intangible personal property taxes, s. 201.17,
F.S., relating to the rate of interest on delinquent excise taxes on
documents, and s. 203.06, F.S., relating to the rate of interest on
delinquent gross receipts taxes, to conform; reenacting s. 203.62, F.S.,
relating to the gross receipts tax on interstate and international
telecommunications services, to incorporate the amendment to s.
203.06, F.S., in a reference thereto; amending s. 206.44, F.S., relating to
the rate of interest on delinquent motor fuel taxes, to conform;
reenacting ss. 206.06(1), 206.94, 206.97, 206.9915(3), 336.021(2)(a), and
336.025(2)(a), F.S., relating to estimated fuel taxes, tax on diesel fuel,
tax on fuel and other pollutants, the ninth-cent fuel tax on motor and
diesel fuel, and the local option tax on motor and diesel fuel for county
transportation systems, to incorporate the amendment to s. 206.44, F.S.,
in references thereto; amending s. 207.007, F.S., relating to the rate of
interest on delinquent tax on the operation of commercial motor
vehicles, ss. 211.076 and 211.33, F.S., relating to the rate of interest on
delinquent taxes on oil and gas production and severance of minerals,
and s. 212.12, F.S., relating to the rate of interest on delinquent taxes
on sales, use, and other transactions, to conform; reenacting ss.
193.501(6)(e) and 193.505(8), F.S., relating to the interest on a deferred
tax liability due upon a change in assessment status of certain
conservation or recreation land or historically significant property, and
s. 196.1997(7), F.S., relating to the interest on taxes which become due

76 JOURNAL OF THE HOUSE

when property is no longer eligible for a historic property tax exemption,
to incorporate the amendment to s. 212.12, F.S., in references thereto;
amending s. 220.807, F.S., relating to the interest rate applicable to the
corporate income tax code, and s. 624.5092, F.S., relating to the rate of
interest on delinquent insurance premium taxes, to conform; directing
the Department of Revenue to examine and report on the impact of the
act; providing effective dates.

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

By Representative Kelly-

HB 479-A bill to be entitled An act relating to child custody and
visitation; amending s. 61.13, F.S.; providing for standing in court with
respect to persons who have been awarded temporary custody of a minor
child for the purpose of evaluating what custody arrangements are in
the best interest of the child; amending s. 751.011, F.S.; redefining the
term "extended family"; amending s. 751.02, F.S.; providing that
grandparents of a minor child may bring proceedings in circuit court to
determine the temporary custody of the child under certain
circumstances; amending s. 752.01, F.S.; revising language with respect
to an action by a grandparent for the right of visitation; providing an
effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Family Law & Children, Civil Justice
& Claims, Children & Family Empowerment, and Rules, Resolutions, &
Ethics.

HB 481-Withdrawn
By Representatives Geller, Ogles, Bainter, Stabins, Lawson, Bradley,
and Feeney-

HB 483-A bill to be entitled An act relating to insurance; amending
s. 627.728, F.S.; revising a definition; amending s. 627.7295, F.S.;
increases certain allowable per-policy application fees; revising
limitations; providing an effective date.

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

By Representative Hill-

HB 485-A bill to be entitled An act relating to controlled substances;
amending s. 893.13, F.S.; prohibiting the sale, manufacture, delivery, or
possession with intent to sell, manufacture, or deliver any controlled
substance within a specified distance of property used for religious
services or property on which specified business enterprises conduct
business; amending s. 921.0012, F.S.; prescribing sentencing guideline
offense levels; providing an effective date.

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

By Representative Dennis-

HB 487-A bill to be entitled An act relating to premium finance
companies; amending s. 627.828, F.S.; revising certain net worth
requirements for applicants for a premium finance company license;
providing for a surety bond under certain circumstances; requiring
certain insurance coverage; amending s. 627.848, F.S.; requiring
insurers to return certain amounts to premium finance companies on
cancelled policies; requiring such companies to refund certain unearned
premium; providing an effective date.

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

IE

SOF REPRESENTATIVES March 4, 1997

By Representatives Minton and Feeney-

HB 489-A bill to be entitled An act relating to ad valorem tax
assessment; amending s. 193.461, F.S.; providing that the property
appraiser, when considering specified use factors applicable to an
agricultural assessment, may rely on 5-year moving average data for
certain crops; providing an effective date.

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

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

By Representative Laurent-

HB 491-A bill to be entitled An act relating to citizen support
organizations; amending s. 212.08, F.S.; clarifying a sales and use tax
exemption for certain citizen support organizations; amending s.
370.0205, F.S.; providing for partnerships between the state and private
entities for certain purposes; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water & Resource Management and
General Government Appropriations.

By Representative Sindler-

HB 493-A bill to be entitled An act relating to the confidentiality of
information of the Florida Violent Crime Council; amending s. 943.031,
F.S.; providing certain exemptions from public records and public
meetings requirements with respect to the council; providing
exemptions for portions of meetings at which certain confidential
records are discussed and for portions of records generated at exempt
portions of meetings; providing for future review and repeal; providing
a finding of public necessity; providing that the council is a criminal
justice agency for purposes of chapter 119, F.S., relating to public
records; providing an effective date.

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

By Representative Bullard-

HB 495-A bill to be entitled An act relating to the Commission on
Ethics; amending s. 112.321, F.S.; revising criteria for appointment of
members to the commission; defining the term "cause"; providing an
effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
HB 497-Withdrawn

By Representatives Bitner, Thrasher, Livingston, Kosmas, and
Lynn-
HB 499-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 certain complimentary meals; providing an effective date.

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

By Representative Laurent-

HB 501-A bill to be entitled An act relating to drainage districts;
amending ss. 298.005, 298.11, 298.12, 298.15, 298.16, 298.22, 298.23,
298.24, 298.25, 298.26, 298.28, 298.59, F.S.; creating ss. 298.225,
298.301, 298.305, 298.329, 298.333, 298.337, 298.341, 298.345, 298.349,
298.353, F.S.; providing definitions; providing for the water
management plan to be renamed the water control plan; providing for
the water control plan to serve the functions of the former plan of
reclamation; providing for the jurisdictional water management district
to provide certain review responsibilities previously provided by the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Department of Environmental Protection; providing for the
appointment of certain supervisors by the Governor; providing revised
water control plan adoption and amendment requirements; providing
for assessment of lands; providing duties for district engineer and
district attorney; providing for the levy and enforcement of non-ad
valorem assessments; authorizing the issuance of bonds; providing for
liens; providing for a uniform initial acreage assessment for payment of
expenses; authorizing districts to designate financial units; repealing s.
298.07, F.S., which provides for the water management plan; repealing
s. 298.27, F.S., which provides for the plan of reclamation; repealing s.
298.29, F.S., which provides for the levy and collection of taxes;
repealing s. 298.30, F.S., which provides for appraisal of lands; repealing
s. 298.31, F.S., which provides for appointment of commissioners;
repealing s. 298.32, F.S., which provides for duties of commissioners,
district attorney, and district engineer; repealing s. 298.33, F.S., which
provides for notice of report; repealing s. 298.34, F.S., which provides for
exceptions to report; repealing s. 298.35, F.S., which provides for plan
of reclamation; repealing s. 298.36, F.S., which provides for assessment
of lands; repealing s. 298.467, F.S., which prohibits the Department of
Environmental Protection from borrowing money; repealing s. 298.55,
F.S., which provides for readjustment of assessment of benefits;
providing an effective date.

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

By Representative Tobin-

HB 503-A bill to be entitled An act relating to regulation of firearms;
amending s. 790.33, F.S., relating to state preemption of the field of
regulation of firearms and ammunition; providing that certain
ordinances, resolutions, rules, or regulations of local government are not
precluded with respect to possession of weapons or firearms of public
employees or possession of weapons or firearms on public property
controlled by local government, under specified circumstances;
providing an exception for certain street, road, or highway rights-of-
way; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Law Enforcement & Public Safety,
Community Affairs, and Governmental Operations.

By Representative Bainter-

HB 505-A bill to be entitled An act relating to private attorney
services; amending s. 287.059, F.S.; prohibiting certain private
attorneys under contract with a state agency from representing certain
persons before state agencies; providing for an affidavit; providing a
penalty; providing an effective date.

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

By Representative Trovillion-

HB 507-A bill to be entitled An act relating to driver's licenses and
identification cards; amending s. 322.32, F.S.; deleting reference to
possession of a fictitious or fraudulently altered driver's license,
knowingly permitting another to use one's driver's license, using
another's driver's license, and permitting unlawful use of a driver's
license; amending s. 322.212, F.S.; providing that it is unlawful for any
person knowingly to possess any instrument in the similitude of a
driver's license issued by the Department of Highway Safety and Motor
Vehicles or of any other state or jurisdiction that 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 that it is unlawful to
allow another to use one's driver's license or identification card or to use
another's driver's license or identification card; amending s. 831.29,

F.S.; prohibiting the possession, use, or transport of implements and
materials used to produce identification cards; amending s. 921.0012,
F.S.; conforming cross-references; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Crime & Punishment and Criminal
Justice Appropriations.

HB 509-Withdrawn
By Representative Rayson-
HB 511-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 Standards & Regulatory
Reform, Governmental Operations, and Health & Human Services
Appropriations.
By Representative Rayson-

HB 513-A bill to be entitled An act relating to juvenile and criminal
justice; amending s. 39.0145, F.S., relating to punishment of a
delinquent child for contempt of court and alternative sanctions;
removing certain time limitations upon placement of delinquent child
held in contempt in a secure detention facility or secure residential
commitment facility; amending s. 39.025, F.S., relating to district
juvenile justice boards; revising requirements for application for a
community juvenile justice partnership grant to remove requirement for
participation of the Department of Health and Rehabilitative Services;
amending s. 39.044, F.S., relating to detention; providing for continued
detention of a child who has failed to appear in court on two separate
occasions on the same case; providing for extension up to 60 days of the
time limits upon detention of a child, under specified circumstances;
reenacting ss. 39.038(4), 39.042(2)(b), 39.0445, 39.049(5), 39.064(1),
790.22(8), relating to release or delivery from custody, use of detention,
juvenile domestic violence offenders, release or delivery from custody,
process and service, detention of furloughed or escaped child, and
weapons or firearms offenses by minors to incorporate said amendment
in references; amending s. 39.0471, F.S.; authorizing establishment of
truancy programs by juvenile justice assessment centers; defining
"truant student" to include enrolled students between 6 years of age and
18 years of age; amending s. 230.23161, F.S., relating to educational
services in Department of Juvenile Justice programs; providing a
maximum limitation on administrative costs under certain contracts by
school districts for such programs; amending s. 806.13, F.S., relating to
criminal mischief; redefining first-degree misdemeanor criminal
mischief offense to include damage to property greater than $200 but
less than $500, and providing penalties therefore; redefining third-degree
felony criminal mischief to include certain damages of $500 or greater,
and providing penalties therefore; amending s. 921.0012, F.S., relating to
the sentencing guidelines offense penalties, to conform a cross reference;
amending s. 812.014, F.S., relating to theft; providing second-degree
felony penalties for a person who commits grand theft of a motor vehicle
and who has previously been convicted two or more times of motor
vehicle theft; reenacting ss. 39.052(3)(a) and 538.23(2), F.S., relating to
transfer of child for prosecution and offenses by secondary metal
recyclers, to incorporate said amendment in references; providing for
the Department of Juvenile Justice to receive a portion of certain
moneys for purpose of substance abuse treatment and mental health
placements of delinquents; providing for juvenile justice district budgets
to include discretionary funds for delinquents with special needs;
providing for certain distributions of moneys by the juvenile justice
district managers; 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 Criminal Justice Appropriations.

March 4, 1997

77

78 JOURNAL OF THE HOUSE

By Representative Greene-

HB 515-A bill to be entitled An act relating to Pelican Lake Water
Control District, Palm Beach County; amending chapter 77-625, Laws
of Florida, as amended; providing that the Board of Supervisors shall be
composed of three citizens of the United States who shall be resident
freeholders of the State of Florida; repealing chapter 28417, Laws of
Florida, 1953, as amended, which authorizes Pahokee Water Control
District to provide water control to Pelican Lake Sub-Drainage District;
amending chapter 26739, Laws of Florida, 1951, as amended; deleting
land from Pelican Lake Water Control District and annexing land into
Pahokee Water Control District; providing for severability; providing an
effective date.

Proof of publication of the required notice was attached.

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

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

By Representative Brown-

HB 517-A bill to be entitled An act relating to the Sarasota-Manatee
Airport Authority; amending chapter 91-358, Laws of Florida; providing
an alternate provision for runoff elections; providing an effective date.

Proof of publication of the required notice was attached.

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

Referred to the Committee(s) on Community Affairs.

By Representative Posey-

HB 519-A bill to be entitled An act relating to Indian River County;
amending chapter 79-480, Laws of Florida; providing for certain
restrictions on the harvesting of shellfish; providing an effective date.

Proof of publication of the required notice was attached.

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

Referred to the Committee(s) on Community Affairs.

By Representative Jacobs-

HB 521-A bill to be entitled An act relating to the City of Delray
Beach, Palm Beach County; amending chapter 25784, Laws of Florida,
1949, as amended, relating to the civil service act of the city; amending
provisions relating to exclusion of certain employees; revising layoff and
recall procedures; clarifying procedures relating to reductions in force
due to a change in work; providing for return to a civil service position
under certain circumstances; providing severability; providing an
effective date.

Proof of publication of the required notice was attached.

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

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

By Representatives Mackey and Burroughs-

HB 523-A bill to be entitled An act relating to ecosystem
management; creating s. 403.075, F.S.; providing legislative findings;
creating s. 403.0751, F.S.; providing definitions; creating s. 403.0752,
F.S.; authorizing ecosystem management unit agreements between the
Department of Environmental Protection, or other specified state
regulatory agencies, and regulated entities; providing conditions and
requirements; providing incentives; authorizing certain interagency
transfer of regulatory authority and resources; authorizing ecosystem
management unit advisory teams; providing that an ecosystem
management unit agreement may be treated as a final agency action

I]

E OF REPRESENTATIVES March 4,1997

and constitute a variance or waiver under ch. 120, F.S.; providing an
effective date.

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

By Representative Eggelletion-

HB 525-A bill to be entitled An act relating to municipal special
assessments; amending s. 170.201, F.S.; exempting public schools from
payment of emergency medical service assessments; 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 Representative Stabins-

HB 527-A bill to be entitled An act relating to motor vehicle license
plates; amending s. 316.515, F.S.; changing exemptions from maximum
width, height, and length requirements for wreckers; amending s.
320.01, F.S.; providing definitions; amending s. 320.06, F.S.; requiring
the word "wrecker" to be printed on certain license plates; amending s.
320.08, F.S.; revising license tax requirements for wreckers; creating s.
320.0821, F.S.; providing requirements for wrecker license plates;
amending s. 206.877, F.S., to conform a cross reference; providing an
effective date.

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

By Representative Fischer-

HB 529-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.11, F.S.; revising provisions which
require dealers who paid $100,000 or more in tax in the prior year to
make estimated tax payments; reducing the percentage used to
calculate estimated tax liability over a specified period and repealing
said percentage January 1, 2003; providing that certain dealers engaged
in the sale of boats, motor vehicles, or aircraft may, in lieu of making
estimated tax payments, remit the tax for sales of $100,000 or more
within a specified period; providing an effective date.

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

By Representatives Wallace and Feeney-

HB 531-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 Business Development &
International Trade, Finance & Taxation, and General Government
Appropriations.

By Representative Gay-

HB 533-A bill to be entitled An act relating to alcoholic beverages;
repealing s. 561.501, F.S., relating to the surcharge on the sale of
alcoholic beverages for consumption on the premises; amending ss.
561.025 and 561.121, 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 Regulated Services, Finance &
Taxation, and General Government Appropriations.

JOURNAL OF THE HOUSE

By Representatives Bloom, Kelly, and Livingston-

HB 535-A bill to be entitled An act relating to the Underground
Facility Damage Prevention and Safety Act; amending s. 556.101, F.S.;
revising legislative intent; amending s. 556.102, F.S.; revising a
definition; amending s. 556.103, F.S.; requiring membership in a
specified corporation; amending s. 556.104, F.S.; requiring participation
in a specified system; amending s. 556.110, F.S.; providing for monthly
assessments for operating costs; exempting member operators from
certain assessments under certain circumstances; repealing s.
556.106(2)(e), F.S., relating to certain required duties of excavators
relating to notice; providing an effective date.

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

By Representative Martinez-

HB 537-A bill to be entitled An act relating to aiding or harboring
runaway children; creating s. 787.035, F.S.; defining the offense of
knowingly encouraging, aiding, abetting, or conspiring with a child to
run away from home, or knowingly harboring a runaway child;
providing penalties; defining "harbor" and "home"; providing an
effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Family Law & Children, Crime &
Punishment, and Criminal Justice Appropriations.

By Representative Ziebarth-

HB 539-A bill to be entitled An act relating to charter schools;
amending s. 228.056, F.S.; providing additional application and denial
of application requirements; authorizing a waiver of initial startup
requirements; revising appeal procedures in the case of denial of an
application; providing contract requirements; revising *charter
provisions; revising annual progress report requirements; revising
provisions relating to disbursement of funds to charter schools;
providing for use of facilities and property; providing for rules; providing
an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Maygarden-
HB 541-A bill to be entitled An act relating to the management and
regulation of financial institutions; amending s. 655.005, F.S.; revising
definitions; amending s. 655.0322, F.S.; applying prohibited acts and
practices provisions to state or federal savings banks; providing
penalties; amending s. 655.045, F.S.; deleting a report requirement;
amending s. 655.41, F.S.; revising a definition; amending s. 655.414,
F.S.; requiring approval by the Department of Banking and Finance for
a financial entity to acquire certain financial entities; providing for a
nonrefundable filing fee; deleting a requirement to file a separate
application for each branch office; amending s. 658,21, F.S.; revising
criteria for approval of applications; amending s. 658.23, F.S.; clarifying
information required in articles of incorporation; amending s. 658.26,
F.S.; providing for approval of a branch application under certain
circumstances; revising provisions providing for relocation of certain
offices in this state; providing a definition; amending s. 658.295, F.S.;
revising certain acquisition criteria; deleting an obsolete provision;
amending s. 658.2953, F.S.; correcting a threshold date reference;
amending s. 658.73, F.S.; revising application fee provisions; providing
for partial refund under certain circumstances; amending s. 663.06,
F.S.; providing for indefinite operation of an international banking
corporation; deleting temporary operation provisions; amending s.
663.12, F.S.; clarifying certain filing fee provisions; creating ss. 667.001-
667.013, F.S.; providing a short title; providing definitions; providing
applicability; providing for a name; providing for reorganization,
merger, or consolidation; providing for conversion of certain banks or
associations to capital stock savings banks; providing requirements;

March 4, 1997

OF REPRESENTATIVES 79

imposing a fee; providing powers and duties of the department under
certain circumstances; providing for acquisition of assets or control of
savings banks; providing criteria and requirements; specifying powers
of savings banks; providing for loans and loan expenses; providing for
dealing with successors in interest; providing for foreign savings banks;
repealing s. 658.295(6)(e), F.S., relating to certain notice of acquisitions;
repealing s. 658.2953(14)(b), F.S., relating to certain notice of
establishment and maintenance of a branch in this state by an out-of-
state bank; providing an effective date.

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

By Representative K. Pruitt-

HB 543-A bill to be entitled An act relating to education; amending
s. 24.121, F.S.; providing for the funding of specified postsecondary
scholarship programs from the Educational Enhancement Trust Fund;
amending s. 232.2465, F.S., relating to Florida Academic Scholars;
conforming provisions relating to award of scholarships; amending s.
239.217, F.S., relating to the Florida Gold Seal Vocational Endorsement
Program; revising provisions relating to eligibility requirements;
amending s. 240.402, F.S., relating to the Florida Undergraduate
Scholars' Program; revising eligibility requirements; revising the
amount of awards and reinstatement requirements; revising funding
source; amending s. 240.4021, F.S., relating to the Vocational Gold Seal
Endorsement Scholarship Program; revising eligibility, renewal, and
reinstatement requirements; revising the amount of awards; amending
s. 240.4024, F.S., relating to the Florida Postsecondary Tuition
Program; revising eligible postsecondary institutions; revising
provisions relating to the amount of awards; revising eligibility and
renewal requirements; revising administrative procedures; requiring
annual reports and audits; authorizing penalties for certain
noncompliance; amending s. 240.404, F.S., relating to requirement for
student eligibility for state financial aid; conforming provisions;
providing an effective date.

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

HB 545-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 Law Enforcement & Public Safety.

By Representative Rodriguez-Chomat-

HB 547-A bill to be entitled An act relating to mental health;
creating the "Robert Newman and Stuart Simon Act of 1997"; amending
s. 394.463, F.S.; providing for court hearings on requests for ex parte
orders for involuntary examination of mentally ill persons; providing for
findings; providing for rescission of orders under certain circumstances;
providing for release of persons being held for examination; providing
penalties; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Civil Justice & Claims and Long
Term Care.

By Representative Ziebarth-

HB 549-A bill to be entitled An act relating to warranty companies;
amending s. 634.011, F.S.; redefining the term "motor vehicle" with
respect to motor vehicle service agreement companies; amending s.
634.121, F.S.; authorizing such service agreement companies to limit
both the time period within which a consumer may transfer the

80 JOURNAL OF THE HOUSE

agreement and the number of transfers permissible; amending s.
634.312, F.S.; providing for a required element of home warranty
contracts; creating s. 634.331, F.S.; providing that a home warranty may
provide coverage of residential property listed for sale prior to the sale
of such property under certain circumstances; amending s. 634.406,
F.S.; revising language with respect to financial requirements;
providing an effective date.

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

HB 551-A bill to be entitled An act relating to persons with
disabilities; creating ss. 410.701, 410.702, 410.703, 410.704, 410.705,
410.706, F.S.; establishing the home and community-based personal
care services for persons with disabilities program in the Department of
Children and Family Services; directing the Agency for Health Care
Administration to request a waiver of Medicaid regulations; providing
conditions for implementation; providing a repeal date; requiring
reports; amending s. 400.0065, F.S.; directing the State Long-Term Care
Ombudsman to promote the home and community-based personal care
services for persons with disabilities program among disabled adults
who would otherwise require nursing home care; providing an effective
date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Long Term Care, Governmental
Operations, and Health & Human Services Appropriations.
By Representative Hill-

HB 553-A bill to be entitled An act relating to fines; amending s.
939.017, F.S.; providing that fines collected for misdemeanor convictions
involving drug or alcohol shall be forwarded to the jurisdictional county
of collection rather than to the Department of Health and Rehabilitative
Services; providing for the deposit of such fines in the local County
Alcohol and Other Drug Abuse Trust Fund; repealing s. 397.321(20),
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 Law Enforcement & Public Safety,
Community Affairs, and Health & Human Services Appropriations.

By Representative Wiles-

HB 555-A bill to be entitled An act relating to water and wastewater
systems; amending s. 367.171, F.S.; including Flagler County within a
list of counties excluded from the provisions of the Water and
Wastewater System Regulatory Law; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Water & Resource Management and
Utilities & Communications.

By Representative Merchant-

HB 557-A bill to be entitled An act relating to illegal drug dealers;
creating the Drug Dealer Liability Act; providing a purpose; providing
definitions; providing liability for participation in the illegal drug
market; providing for recovery of damages; limiting recovery of damages
under certain circumstances; providing third-party liability; providing
for joinder of parties; providing for comparative responsibility of
individual drug users; providing for contribution among defendants;
providing a standard of proof; providing for prejudgment attachment
and execution on judgments; providing a statute of limitations;
providing for the representation of governmental agencies and for stays
of actions; providing an effective date.

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

HB 559-A bill to be entitled An act relating to school district
personnel; amending s. 231.29, F.S.; revising performance assessments

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of school district instructional staff; requiring notice of unsatisfactory
performance; requiring corrective action; providing for hearings;
specifying district school board authority; requiring certain evaluations;
amending s. 231.36, F.S.; revising contracts for school district
instructional staff; specifying a probationary period; requiring
performance assessments; providing for dismissal; requiring a
probationary period for certain administrative staff; restricting issuance
of professional service contracts after a date certain; applying new
performance assessment and appeal procedures upon renewal of a
professional service contract; amending s. 231.3605, F.S., relating to
educational support employees; limiting probationary status to
employees hired before a certain date; providing that this act supersedes
local laws; providing an effective date.

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

By Representative K. Pruitt-

HB 561-A bill to be entitled An act relating to municipal firefighters'
pension trust funds and municipal police officers' retirement trust
funds; amending and revising the provisions of chapters 175 and 185,
F.S.; defining "chapter plans" and "local law plans"; redefining
"compensation" or "salary" for retirement purposes under these
chapters; clarifying the applicability of minimum benefits for both
chapter and local law plans; revising investment provisions to permit
cities greater investment latitude to make foreign investments;
eliminating discriminatory language in conformance with state and
federal discrimination provisions; providing that certain benefits
provided are a minimum and may not be diminished by any other state,
local, or federal benefits; providing an exception; modifying the formula
for calculating volunteer firefighter service retirement benefits;
clarifying terminology relating to "sole and exclusive use of" premium
tax funds and "extra benefits" by providing that moneys must be placed
in a police-only or firefighter-only plan or a combined police and
firefighter plan as opposed to placing moneys in any type of plan that
includes general employees; providing for establishment of a new board
and for transfer of assets in certain cases; creating s. 175.195, F.S.;
prohibiting certain fraudulent practices; providing criminal and
administrative penalties; repealing s. 175.152, F.S., relating to
contributions; repealing s. 175.251, F.S., relating to employment records
that are required to be kept by the secretary of the board of trustees;
repealing s. 175.291, F.S., relating to the requirement that the attorney
for the municipality or special fire control district represent the board
of trustees upon request and the option to employ independent counsel
and other persons; repealing s. 175.321, F.S., relating to the application
of certain provisions to municipalities and fire control districts;
repealing s. 175.331, F.S., relating to the rights of firefighters under
former law; repealing s. 175.391, F.S., relating to payment of attorney's
fees and costs; repealing s. 185.14, F.S., relating to contributions;
repealing s. 185.15, F.S, relating to contributions and new employees;
creating s. 185.185, F.S.; prohibiting certain fraudulent practices;
providing criminal and administrative penalties; repealing s. 185.27,
F.S., relating to the roster of retirees; repealing s. 185.29, F.S., relating
to the city attorney representing the board of trustees; repealing s.
185.32, F.S., relating to exemptions from the chapter; repealing s.
185.36, F.S., relating to the rights of police officers under former laws;
repealing s. 185.40, F.S., relating to costs and attorney's fees; providing
an effective date.

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

By Representative Smith-

HB 563-A bill to be entitled An act relating to bridge designations;
redesignating the Brooklyn Bay Bridge in Keystone Heights in Clay
County as the Brooklyn/Bamford Bridge; directing the Department of
Transportation to erect suitable markers; providing an effective date.

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

JOURNAL OF THE HOUSE

By Representative Roberts-Burke-

HB 565-A bill to be entitled An act relating to juvenile proceedings;
amending s. 39.01, F.S.; redefining "abandoned" with respect to ch. 39,
F.S., relating to juvenile proceedings, to include a child in need of
services or a family in need of services, under specified circumstances;
amending s. 39.442, F.S., relating to court powers of disposition with
respect to families or children in need of services, and reenacting s.
39.424(1), F.S., relating to services to families in need of services, to
incorporate said amendment in a reference thereto; providing for
commitment of child in need of services to the temporary legal custody
of the Department of Juvenile Justice for placement in residential
facility, according to specified criteria and conditions; providing
guidelines and time limits relating to placement of child in need of
services in residential facility; providing for judicial review; providing
for payment to the Department of Children and Family Services or
deposit of certain child support moneys; amending s. 39.446, F.S.,
relating to departmental consent to medical treatment of child, to
conform a cross reference; providing an effective date.

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

By Representative Livingston-

HB 567-A bill to be entitled An act relating to the Sanibel Island
Fire Control District, Lee County; amending ch. 30930, Laws of Florida,
1955, as amended; providing for the establishment and maintenance of
emergency medical and advanced life support and rescue services;
providing an effective date.

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

By Representative Merchant-

HB 569-A bill to be entitled An act relating to Palm Beach County;
amending ch. 93-367, Laws of Florida, as amended; revising provisions
relating to employees of the Palm Beach County Sheriff; limiting
benefits to employees beyond the rank of captain; deleting a provision
which preserves current benefits when a new sheriff takes office;
providing for construction; providing an effective date.

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

By Representative Frankel-

HB 571-A bill to be entitled An act relating to Indian Trail Water
Control District, Palm Beach County; changing the name of the district
to Indian Trail Improvement District; clarifying the district's authority
to provide, finance, construct, operate, and maintain and include as a
component roads, bridges, parkways, and other elements; providing for
adoption by resolution of rules and procedures for the letting of
contracts; 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 Murman, Frankel, Argenziano, Brown, Heyman,
Sanderson, Jacobs, Fischer, Dennis, Dawson-White, Diaz de la Portilla,
Kosmas, Silver, Lippman, Futch, Chestnut, Merchant, Brennan,
Wasserman Schultz, Horan, and Ritter-

HB 573-A bill to be entitled An act relating to reconstructive breast
surgery; amending ss. 627.6417, 627.6612, and 627.6699, F.S.; requiring

March 4, 1997

OF REPRESENTATIVES 81

certain insurance policies to provide coverage for reconstructive breast
surgery for certain purposes; providing an effective date.

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

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

By Representative Silver-

HB 575-A bill to be entitled An act relating to the inhumane
treatment of exotic mammals; prohibiting the killing or wounding, or
allowing the killing or wounding, of an exotic mammal that is tied,
staked out, or otherwise enclosed within a specified area for the purpose
of gain, amusement, or sport; prohibiting the sale or purchase of an
exotic mammal used in violation of the act; specifying certain actions
that do not constitute a violation of the act; providing penalties;
providing for recovery of costs incurred in investigating and prosecuting
a violation of the act; providing an effective date.

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

Referred to the Committee(s) on Crime & Punishment, Water &
Resource Management, and Criminal Justice Appropriations.

By Representative Silver-

HB 577-A bill to be entitled An act relating to universal access to
health care; providing legislative intent; providing definitions; creating
the Florida Universal Health Access Plan; establishing the Florida
Universal Health Access and Cost Containment Commission; providing
commission responsibilities; providing for the appointment and
responsibilities of an executive director; providing for implementation
and administration of the plan; providing for deposit and use of certain
moneys in the Florida Universal Health Access Trust Fund; establishing
Florida Universal Health Access Trust Fund accounts; establishing a
Health Professional Education and Training Fund; providing eligibility
for health benefits under the plan; providing for covered and noncovered
health services; providing access to participating providers; providing
for reimbursement; providing for revenues and premium
determinations; instructing the Agency for Health Care Administration
to seek federal waivers; providing reporting requirements; providing an
appropriation; providing an effective date.

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

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

By Representative Feeney-

HB 579-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.06, F.S.; eliminating the indexed
tax on manufactured asphalt; providing an effective date.

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

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

By Representative Putnam-

HB 581-A bill to be entitled An act relating to parole; amending ss.
947.16, 947.174, 947.1745, F.S., relating to eligibility for parole, parole
interviews, and the establishment of a parole release date; providing for
the Parole Commission to review an inmate's presumptive parole
release date less frequently; providing an effective date.

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

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Argenziano-

HB 583-A bill to be entitled An act relating to the Coastal Zone
Protection Act of 1985; amending s. 161.54, F.S.; redefining the term
"substantial improvement"; providing an effective date.

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

By Representatives Murman and Frankel-

HB 585-A bill to be entitled An act relating to adoption of foster
children; amending s. 39.469, F.S.; allowing communication or contact
with siblings and other specified persons after termination of parental
rights; amending s. 63.022(2), F.S.; providing legislative intent that
birth parents, specified others, and the prospective adoptive parents
may agree to future communication or contact with the minor child;
providing legislative intent for continuing sibling contact; creating s.
63.0426, F.S.; providing for continued communication or contact by
mutual consent; creating s. 63.0427, F.S.; providing for an adopted
minor's right to continued communication or contact with siblings;
providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Family Law & Children and Children
& Family Empowerment.

By Representatives Silver, Diaz de la Portilla, and Miller-

HB 587-A bill to be entitled An act relating to local government
comprehensive planning; amending s. 163.3177, F.S.; requiring the
inclusion of a public schools element in a local government's
comprehensive plan; amending s. 163.3180, F.S.; providing that public
school facilities are subject to the concurrency requirement on a
statewide basis; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12, Community Affairs,
Finance & Taxation, and Transportation & Economic Development
Appropriations.

By Representatives Melvin, Wise, and Goode-

HB 589-A bill to be entitled An act relating to nursing homes;
amending s. 400.023, F.S.; specifying and limiting persons who may
bring an action to enforce the rights of a resident; deleting authority for
recovery of attorney's fees and costs; restricting liability for a physician's
medical negligence to services rendered by a medical director acting in
that capacity; specifying experience required by a physician or nurse
who provides a statement verifying deprivation or infringement of
adequate and appropriate health care; providing conditions for waiver
of the verified statement requirement when the nursing home fails to
provide records; revising conditions for award of punitive damages and
limiting the amount of such awards; providing the claimant's burden of
proving an injury was caused by the nursing home; providing a statute
of limitation; specifying information required to be included in the
complaint and providing for amendments thereto; prohibiting certain
discovery or introduction of other evidence; providing for dismissal of
complaints; providing for effect of an unintentional lack of
documentation that at service was provided; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Long Term Care, Civil Justice &
Claims, and Governmental Operations.

By Representative Frankel-

HB 591-A bill to be entitled An act relating to the City of West Palm
Beach, Palm Beach County; amending ch. 24981, Laws of Florida, 1947,
as amended, relating to the West Palm Beach Firefighters' Pension
Fund; providing for a Deferred Retirement Option Plan; providing
additional exclusions from disability pensions; providing for retroactive

effect; providing for Internal Revenue Code limits; 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 Governmental Operations,
Community Affairs, and Finance & Taxation.

By Representative Merchant-

HB 593-A bill to be entitled An act relating to Palm Beach County;
amending s. 1 of ch. 59-994, 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 Community Affairs.

By Representative Healey-

HB 595-A bill to be entitled An act relating to Palm Beach County;
abolishing the Town of Golfview subject to certain conditions and
revoking the charter; providing an effective date.

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

By Representative Sanderson-

HB 597-A bill to be entitled An act relating to the Greater Boca
Raton Beach Tax District, Palm Beach County; amending sections 1, 2,
and 7 of chapter 74-423, Laws of Florida, as amended, providing for a
redesignation of the Greater Boca Raton Beach Tax District,
compensation of commissioners, and purchases of supplies, equipment,
and material; 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 the Committee on Business Development & International Trade;
Representative Putnam-
HB 599-A bill to be entitled An act relating to private activity bonds;
amending s. 159.804, F.S.; deleting an expiration and legislative review
provision; providing an effective date.

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

Placed on the Economic Impact Council Calendar without reference.
By Representatives Casey, Frankel, Wise, Littlefield, Bloom,
Livingston, Brennan, Effman, Warner, Heyman, Murman, Betancourt,
Carlton, Fasano, Saunders, Dennis, Rodriguez-Chomat, Brown, Jacobs,
Thrasher, Jones, Cosgrove, Posey, Kosmas, Arnall, Starks, Lacasa,
Silver, Turnbull, Wasserman Schultz, Ritter, Fuller, and Fischer-

HB 601-A bill to be entitled An act relating to clean indoor air;
amending s. 386.202, F.S.; providing legislative intent that the "Florida
Clean Indoor Air Act" is a uniform statewide minimum code; repealing
s. 386.209, F.S., which provides that the regulation of smoking is
preempted to the state; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care Standards & Regulatory
Reform and Community Affairs.

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March 4, 1997

JOURNAL OF THE HOUSE

By Representative Ritter-

HB 603-A bill to be entitled An act relating to municipal special
assessments; amending s. 170.201, F.S.; providing an exemption from
any special assessment levied by a municipality to fund emergency
medical services for property owned or occupied by a religious
institution or elementary, middle, or high school; 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 Representative Kelly-

HB 605-A bill to be entitled An act relating to public records and
meetings; providing for application of public records exemptions in ss.
455.225(2) and (10) and 455.261(3)(e) and (5)(a), F.S., to certain
information concerning provisional psychologists, registered clinical
social worker interns, registered marriage and family therapist interns,
registered mental health counselor interns, provisional clinical social
workers, provisional marriage and family therapists, and provisional
mental health counselors; providing for application of the public
meetings exemption in s. 455.225(4), F.S., to proceedings of a probable
cause panel with respect to investigations concerning such
practitioners; 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 Standards & Regulatory
Reform and Governmental Operations.

By Representative Chestnut-

HB 607-A bill to be entitled An act relating to education; amending
s. 232.2465, F.S.; revising the academic qualifications for designation as
a Florida Academic Scholar; clarifying scholarship eligibility; amending
s. 239.217, F.S.; clarifying vocational gold seal endorsement scholarship
eligibility; clarifying language relating to prohibition of multiple state
merit scholarships; deleting language relating to Department of
Education use of residual program balances; amending s. 240.402, F.S.;
reclassifying the Florida Undergraduate Scholars' Program as an award
designation; revising qualifications for award designation; revising
provisions of the application process; deleting language relating to
amount of awards, student eligibility status, fund sources, and
department use of residual program balances; making technical changes
consistent with the restructuring of the award designation program;
amending s. 240.4021, F.S.; establishing postsecondary curriculum
requirements for award of a vocational gold seal endorsement
scholarship; clarifying eligible institutions where scholarships may be
used; clarifying scholarship renewal requirements; clarifying
scholarship award amounts to be issued by the department; clarifying
scholarship eligibility provisions for current recipients of vocational gold
seal endorsement awards; making technical changes consistent with the
restructuring of the program; amending s. 240.4024, F.S.; revising
utilization and award provisions of the Florida Postsecondary Tuition
Program; establishing award forfeiture procedures if remedial courses
are taken; revising high school graduation requirements for
qualification for the program; establishing award tiers, academic
requirements, and maximum awards; restructuring award renewal
requirements; incorporating into the program award renewal
requirements of the Florida Undergraduate Scholars' Program;
incorporating into the program the Challenger Astronauts Memorial
Scholarship associated with the Florida Undergraduate Scholars'
Program; clarifying program award amounts to be issued by the
Department of Education; establishing program scholarship provisions
for current recipients of Florida Undergraduate Scholars awards;
clarifying funding sources for the program; making technical changes
consistent with the restructuring of the program; amending s. 240.4025,
F.S.; specifying scholarship program participation to be eligible for a
graduate award; amending s. 240.404, F.S.; clarifying residence
requirements for scholarship award; amending s. 240.408, F.S.;

March 4, 1997

SOF REPRESENTATIVES 83

conforming provisions; amending s. 240.4085, F.S.; prohibiting a Florida
Postsecondary Tuition Program scholarship recipient from receiving
money from a specified grant program; amending s. 240.437, F.S.;
requiring Florida Postsecondary Tuition Program scholarship recipients
attending independent institutions to participate in a testing program;
providing an effective date.

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

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

By Representative Hafner-

HB 609-A bill to be entitled An act relating to nursing home
administration; amending s. 468.1645, F.S.; revising provisions that
exempt from licensure requirements administrators of nursing homes
operated by and for persons who rely upon treatment by spiritual means
through prayer; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Long Term Care and Business
Regulation & Consumer Affairs.

By Representative Hafner-

HB 611-A bill to be entitled An act relating to medical examiners;
amending s. 406.11, F.S.; authorizing medical examiners to obtain
records necessary for their investigations of deaths; amending s. 406.12,
F.S.; specifying certain medical information or other records pertinent
to death investigations that must be reported to the medical examiner;
providing that documents or records made confidential by statute do not
lose such status upon receipt by the medical examiner; providing
immunity from civil liability for persons who provide such information
to the medical examiner; providing an effective date.

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

Referred to the Committee(s) on Governmental Operations.

By Representative Smith-

HB 613-A bill to be entitled An act relating to discretionary sales
surtaxes; amending s. 212.054, F.S., which provides general
administrative provisions for the levy of discretionary sales surtaxes by
counties; providing for application of those administrative, collection,
enforcement, and penalty provisions to levy by a municipality;
amending s. 212.055, F.S.; authorizing levy of the local government
infrastructure surtax by municipalities; providing for application of
provisions requiring referendum approval and restricting use of the
proceeds; providing for distribution of the proceeds; prohibiting levy by
a municipality located in a county which levies local option sales
surtaxes in excess of a specified rate; providing for repeal of a
municipality's local government infrastructure surtax if the county
subsequently levies the surtax at an equal or higher rate; amending s.
212.0596, F.S., relating to responsibility of dealers making mail order
sales to collect local option surtaxes, to include surtaxes levied by
municipalities; providing an effective date.

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

By Representatives Argenziano, Burroughs, Flanagan, and Wise-

HB 615-A bill to be entitled An act relating to community colleges;
creating s. 240.383, F.S.; establishing the State Community College
System Facility Enhancement Challenge Grant Program to aid
community colleges in building high priority instructional and
community-related capital facilities; providing for deposit of.funds;
requiring a capital facilities matching account within the direct-support
organization of each community college to provide matching funds from
private contributions; providing for matching appropriations; providing
eligibility requirements; providing guidelines; providing for

84 JOURNAL OF THE HOUSE

disbursement of unexpended funds; providing for naming of facilities;
providing an effective date.

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

By Representative Argenziano--

HB 617-A bill to be entitled An act relating to trust funds; creating
the Community College Capital Facilities Matching Trust Fund within
the Department of Education, to be administered by the State Board of
Community Colleges; providing for source of moneys and purposes;
providing for future review and termination or re-creation of the fund;
providing a contingent effective date.

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

By Representative Livingston-

HB 619-A bill to be entitled An act relating to the Matlacha and Pine
Island Fire Control District, Lee County; repealing ss. 12, 13, 14, and 15
of ch. 63-1558, Laws of Florida, as amended, relating to emergency
ambulance service, annual assessments therefore, adoption of fees or
service charges, and requirement of a referendum election in order to
dissolve the district; creating new ss. 12 and 13 of ch. 63-1558, Laws of
Florida, as amended; providing for emergency medical rescue response
services; providing for the levying of taxes to support same;
renumbering subsequent sections of ch. 63-1558, Laws of Florida, as
amended; providing for a referendum; providing an effective date.

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

By Representative Smith-

HB 621-A bill to be entitled An act relating to Putnam County;
repealing chapter 71-884, Laws of Florida, relating to the Putnam
County Nursing Home 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.

By Representative Bainter-

HB 623-A bill to be entitled An act relating to Lake County;
repealing subsection I of section 4 of chapter 95-508, Laws of Florida,
relating to alternative revenue raising capabilities of the Board of
Trustees of the North Lake County Hospital 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.

By Representative Fischer-

HB 625-A bill to be entitled An act relating to environmental
professionals; creating chapter 485, F.S., relating to the regulation of
environmental professionals; providing purpose; providing
requirements for practice; providing for exemptions from regulation;
providing definitions; creating the Board of Environmental
Professionals within the Department of Business and Professional
Regulation; providing for fees; providing licensure requirements;
providing for licensure by endorsement; providing for renewal of license;

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OF REPRESENTATIVES March 4, 1997

providing for address of primary place of practice; providing for
reactivation from inactive status; providing for continuing education
requirements; requiring a certificate of authorization for a corporation,
partnership, association, or person practicing under a fictitious name to
practice or offer to practice environmental management; providing for
official seals; prohibiting certain acts and providing penalties therefore;
providing acts that constitute grounds for disciplinary action and
providing penalties therefore; requiring the reporting of criminal
violations for prosecution; providing effect of the chapter locally;
providing construction; providing for grandfathering; amending s.
20.165, F.S.; placing the board within the Division of Professions of the
department; providing an effective date.

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

HB 627-A bill to be entitled An act relating to community
redevelopment and neighborhood improvement; amending s. 163.340,
F.S.; including the reduction or prevention of crime within community
redevelopment activities under the Community Redevelopment Act of
1969 and defining "community policing innovation"; amending ss.
163.345, 163.350, 163.356, 163.358, 163.360, 163.361, 163.370, and
163.387, F.S.; including the development and implementation of
community policing innovations in provisions relating to the
encouragement of private enterprise participation in redevelopment,
elements of the workable program, exercise of powers under the act, and
elements of the community redevelopment plan; authorizing the county
or municipality to appropriate funds for community policing
innovations; authorizing use of moneys in the redevelopment trust fund
for community policing innovations; providing an additional
requirement for acquisition of land for nonresidential uses; amending
ss. 163.502, 163.503, 163.506, 163.511, 163.512, 163.513, 163.514,
163.516, 163.519, and 163.521, F.S.; including crime prevention through
development and implementation of community policing innovations in
powers of neighborhood improvement districts under the Safe
Neighborhoods Act; authorizing use of special assessments for
community policing innovations; including community policing
innovations within safe neighborhood improvement plans; providing
duties of the Department of Legal Affairs with respect to community
policing innovations; including capital improvements related to
community policing innovations in provisions which authorize certain
local governments to request state funding for certain capital
improvements; creating s. 943.1729, F.S.; authorizing the Criminal
Justice Standards and Training Commission to incorporate community
policing concepts into law enforcement officers' certification curriculum
and establish a community policing continued-employment training
component for such officers; providing an effective date.

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

HB 629-A bill to be entitled An act relating to arrests; amending s.
901.35, F.S.; revising provisions relating to financial responsibility for
medical expenses for persons ill, wounded, or injured during or at the
time of arrest; providing an effective date.

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

HB 631-A bill to be entitled An act relating to workers'
compensation insurance; amending s. 440.02, F.S.; excluding certain
injuries from the definition of "catastrophic injury"; amending s. 440.13,
F.S.; authorizing insurers to pay certain amounts exceeding fee
schedules under certain circumstances; requiring the Agency for Health
Care Administration to adopt certain rules and to use certain national
guidelines; amending s. 440.134, F.S.; providing additional definitions;
providing for informal and formal grievances; providing procedures;
providing requirements; prohibiting the agency from using certain
information to determine insurer compliance under certain
circumstances; providing an effective date.

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Melvin-

HJR 633-A joint resolution proposing an amendment to Section 15
of Article V of the State Constitution relating to attorneys.

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

HB 635-A bill to be entitled An act relating to the Pinellas Police
Standards Council, Pinellas County; amending ch. 72-666, Laws of
Florida, as amended; prescribing purposes, membership, powers, and
duties of the countywide police standards council; providing for
screening applicants for public-safety positions; providing for continued
funding of the council through a court cost; providing for fees from
applicants for public-safety positions; providing an effective date.

Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Sindler, Brooks, Trovillion, Feeney, Reddick,
Sublette, Starks, and Constantine-

HB 637-A bill to be entitled An act relating to the Orlando Utilities
Commission; amending chapter 9861, Laws of Florida, 1923, as
amended; authorizing the establishment, construction, maintenance,
and operation of energy services, all grades of water, and plants, lines,
and facilities within Orange and Osceola Counties; providing an
effective date.

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

By Representative Cosgrove-

HB 639-A bill to be entitled An act relating to uninsured motor
vehicles; amending s. 324.202, F.S.; revising provisions relating to
seizure of license plates of certain vehicles by recovery agents; providing
for statewide operation of the program; deleting obsolete provisions;
requiring the Department of Highway Safety and Motor Vehicles to
provide access to current data; creating a revolving fund for advance
payment of certain fees; providing limited immunity from liability for
recovery agents who rely on current information; providing an effective
date.

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

By Representatives Argenziano, Feeney, Dockery, and Burroughs-

HB 641-A bill to be entitled An act relating to motorcycle riders;
amending s. 316.211, F.S.; exempting persons of a specified age from
certain safety equipment requirements; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Dockery, Putnam, Laurent, Edwards, and
Stabins-

HB 643-A bill to be entitled An act relating to road designations;
designating a portion of State Road 37 as W.S. Badcock Boulevard;
directing the Department of Transportation to erect suitable markers;
providing an effective date.

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

HB 645--A bill to be entitled An act relating to Pahokee Water
Control District, Palm Beach County; amending chapter 10002, Laws of
Florida, 1923, as amended, to provide that the Board of Supervisors
shall be composed of three citizens of the United States, who shall be
resident freeholders of the State of Florida, and expanding the
boundaries of said district to include land from Pelican Lake Water
Control District; repealing chapter 28417, Laws of Florida, 1953, as
amended, which authorizes the Pahokee Water Control District to

provide water control to Pelican Lake Sub-Drainage District; providing
for severability; providing an effective date.

Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Fasano--
HB 647-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 findings and intent; providing definitions; providing for
administration and enforcement by the Division of Pari-mutuel
Wagering and county sheriffs and municipal police; providing powers
and duties of the division; requiring an annual report; providing
requirements for the conduct of bingo by charitable organizations,
associational organizations, and authorized organizations; requiring
such organizations to obtain a license or certificate; requiring lessors of
premises for the conduct of bingo to be licensed; providing requirements
relating to such lessors; providing application requirements for licenses
and certificates; providing for fees; providing for processing of
applications by the division; specifying license and certificate time
periods; providing conditions under which licenses or certificates may be
suspended or revoked; providing restrictions on use of the proceeds;
providing requirements for deposit of proceeds; requiring reports;
providing minimum standards for the conduct of bingo; providing for
administrative fines and criminal penalties; specifying that the act does
not prevent any county from adopting the same or stricter regulations;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Fasano-

HB 649-A bill to be entitled An act relating to sale of fireworks;
amending s. 791.001, F.S.; specifying enforcement authority; amending
s. 791.01, F.S.; revising definitions; amending s. 791.012, F.S.;
correcting a cross reference; amending s. 791.013, F.S.; increasing
criminal penalties for certain violations; amending s. 791.015, F.S.;
revising registration requirements for manufacturers, distributors, and
wholesalers of sparklers or fireworks; requiring certain fees; creating ss.
791.016, 791.017, 791.018, and 791.019, F.S.; providing procedures for
cease and desist orders; providing for administrative fines; specifying
grounds for suspension or revocation of registration; providing for
duration of suspension or revocation; amending s. 791.02, F.S.;
prohibiting sale or delivery of sparklers or fireworks to certain persons;
creating s. 791.021, F.S.; prohibiting sale or solicitation to sell sparklers
under certain circumstances; providing responsibilities of
manufacturers, distributors, wholesalers, and retailers; amending s.
791.04, F.S.; authorizing the sale at wholesale of fireworks under
certain circumstances; providing requirements; authorizing sales of
fireworks for certain public display purposes under certain
circumstances; creating s. 791.041, F.S.; prohibiting sale or solicitation
to sell fireworks under certain circumstances; requiring maintenance of
records and sales of fireworks; providing requirements; providing
responsibilities of manufacturers, distributors, wholesalers, and
retailers; amending s. 791.05, F.S.; providing for seizure, forfeiture, and
disposal of certain fireworks and sparklers under certain circumstances;
providing procedures; providing requirements; authorizing assessments
to cover certain costs; amending s. 791.055, F.S.; specifying a rule
governing the storage of sparklers or fireworks; amending s. 791.06,
F.S.; increasing criminal penalties for certain violations; creating ss.
791.061 and 791.062, F.S.; providing for injunctive relief for certain
violations; protecting certain municipal and county ordinances, rules,
and regulations; amending s. 791.07, F.S.; providing for use of fireworks
in certain agricultural works or fisheries operations; providing
requirements; providing procedures; providing a penalty; providing an
effective date.

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

HB 651-A bill to be entitled An act relating to elections; providing
a short title; amending s. 104.271, F.S.; expanding applicability of the

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86 JOURNAL OF THE HOUSE

prohibition against making false or malicious charges against, or false
statements about, candidates; eliminating the requirement of actual
malice in the prohibition against making false statements about
candidates and providing for personal liability with respect thereto;
clarifying and providing penalties; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Lawson, Turnbull, and Westbrook-

HB 653-A bill to be entitled An act relating to the City of
Tallahassee and the Leon County School Board; providing for the relief
of Dena Sheryl Steels; providing for an appropriation by the City of
Tallahassee and the Leon County School Board to compensate her for
the wrongful death of Kenneth Michael Pyles, her son, resulting from
the negligence of the City of Tallahassee and the Leon 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).
By Representative Frankel-

HB 655-A bill to be entitled An act relating to the City of West Palm
Beach, Palm Beach County; amending ch. 24981, Laws of Florida, 1947,
as amended, relating to the West Palm Beach Police Pension and Relief
Fund; providing definitions; providing for chapter 185 share accounts;
providing for a Deferred Retirement Option Plan; providing for
investments; providing for Internal Revenue Code limits; providing an
effective date.

Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Boyd-

HB 657-A bill to be entitled An act relating to the tax refund
program for qualified target industry businesses; amending s. 288.106,
F.S.; providing for determination of the "average wage in the area"
based on private sector wages only; authorizing the Office of Tourism,
Trade, and Economic Development to waive the annual wage
requirement imposed as a condition of qualifying for review for
participation in the program under certain circumstances; providing an
effective date.

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

HB 659-A bill to be entitled An act relating to secondhand dealers;
amending s. 538.06, F.S.; providing additional conditions where a
secondhand dealer does not have to maintain physical possession of
certain goods; revising language with respect to secondhand dealers who
engage in motor vehicle title loan transactions; creating s. 538.065, F.S.;
providing for application for a motor vehicle title loan license; providing
fees and procedures; creating s. 538.067, F.S.; providing for
investigations and records of secondhand dealers making title loans;
creating s. 538.069, F.S.; providing for liability, subpoenas, enforcement,
and rules; amending s. 538.09, F.S.; providing that certain secondhand
dealers must be licensed by the Department of Banking and Finance;
providing an effective date.

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

HB 661-A bill to be entitled An act relating to investment of public
funds; amending s. 218.403, F.S.; defining the terms "current expenses"
and "short term" for purposes of investment of local government surplus
funds; amending s. 218.415, F.S.; prescribing applicability of provisions
that require a unit of local government to make its investment activity
consistent with an adopted, written investment plan; providing an
effective date.

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

E

OF REPRESENTATIVES March 4, 1997

By Representative Feeney-

HB 663-A bill to be entitled An act relating to the Florida
Retirement System, amending s. 121.021, F.S.; redefining the term
"termination" for Deferred Retirement Option Program participants;
defining the term "DROP participants"; amending s. 121.091, F.S.;
specifying benefits may be payable to a participant's Deferred
Retirement Option Program; specifying that the option selection for
payment of benefits shall be final at the time a benefit payment is
assigned to the Deferred Retirement Option Program; specifying death
benefits applicable to Deferred Retirement Option Program
participants; specifying employment after retirement limitations
applicable to Deferred Retirement Option Program participants;
providing overview of the Deferred Retirement Option Program;
providing eligibility criteria; providing for procedures for election of
participation; providing for benefits payable; providing for death
benefits; providing for a cost-of-living adjustment; specifying health
insurance subsidy payments are not payable; specifying Deferred
Retirement Option Program participation does not qualify as renewed
membership; providing limitations on employment after participation;
specifying contribution rates; specifying Deferred Retirement Option
Program participation does not exempt such participants from the
forfeiture of benefits under the provisions of ss. 112.3173 and
121.091(5), F.S; providing for administration of the program; providing
a declaration of important state interest; providing a contingent
effective date.

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

HB 665-A bill to be entitled An act relating to education; amending
s. 231.17, F.S.; revising educator certification requirements; specifying
minimum competencies; making conforming changes; authorizing
school districts to provide alternate certification programs and systems
for demonstrating professional competencies; specifying minimum
requirements; requiring approval by the Department of Education;
requiring demonstration of professional competencies within a certain
period; providing exceptions; authorizing the Commissioner of
Education to contract for written certification examinations; deleting
state university responsibility for such examinations; deleting
requirements for professional orientation programs; deleting
requirements for certification to teach certain ages and grades;
amending s. 231.24, F.S., relating to renewal of educator certification;
providing for extensions of professional certificates; extending
permission to use certain training for renewal of any certification
specialization; deleting additional renewal requirements for certificate
holders not employed in instructional positions; providing for reissuance
of expired certificates; amending s. 240.529, F.S., relating to approval of
teacher preparation programs; requiring emphasis on .educator
accomplished practices; deleting obsolete dates; deleting references to
professional orientation programs; requiring higher education
institutions to assist in continued program approval; deleting
consideration of graduates of out-of-state and alternate preparation
programs; making conforming changes in preservice field experiences;
repealing s. 231.172, F.S., relating to alternate preparation programs
for teachers; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12.

By Representative Kelly-

HB 667-A bill to be entitled An act relating to motorcycle safety
education; amending s. 215.22, F.S.; providing an exemption from a
required deduction for that portion of the Highway Safety Operating
Trust Fund funded by the motorcycle safety education fee; amending s.
322.0255, F.S.; authorizing the Department of Highway Safety and
Motor Vehicles to purchase and maintain motorcycles, equipment, and
materials for use in motorcycle safety courses; deleting a limitation on
the reimbursement of certain fees; amending s. 322.21, F.S.; increasing
the motorcycle endorsement fee; providing an effective date.

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Safley-
HB 669-A bill to be entitled An act relating to oil and gas drilling;
amending s. 377.2425, F.S.; revising surety requirements for drilling
permittees; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Livingston-

HB 671-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 additional penalties for certain
violations; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Smith-
HB 673--A bill to be entitled An act relating to the Department of
Highway Safety and Motor Vehicles; amending s. 316.066, F.S.; deleting
a penalty for failure to provide proof of insurance to a law enforcement
officer under certain circumstances; amending s. 316.2397, F.S.;
authorizing motor fuel tankers to display amber lights; amending s.
316.645, F.S.; including reference to chapter 320, F.S, with respect to
the arrest authority of an officer at the scene of a traffic accident;
amending s. 318.19, F.S.; revising language with respect to infractions
requiring a mandatory hearing, to include a cross reference; creating ss.
319.40, 320.95, 322.70, 327.90, and 328.30, F.S.; authorizing the
department to accept applications by electronic or telephonic means;
amending s. 320.02, F.S.; providing for voluntary contributions on the
application for motor vehicle registration with respect to Prevent
Blindness Florida; amending s. 320.072, F.S.; providing an exemption to
the additional fee imposed on certain motor vehicle registration
transactions; creating s. 320.08048, F.S.; providing for sample license
plates; providing a fee; amending s. 320.131, F.S.; revising language
with respect to temporary tags; amending s. 322.121, F.S.; correcting a
cross reference; amending s. 322.16, F.S.; revising language with respect
to license restrictions; amending s. 322.1615, F.S.; authorizing certain
nighttime operation with respect to certain persons who have a learner's
driver license; amending s. 322.292, F.S.; directing the department to
make certain rules with respect to DUI programs; amending s. 328.16,
F.S.; providing for the electronic transmission of certain lien
information; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Fuller-
HB 675-A bill to be entitled An act relating to transportation
administration; amending s. 316.302, F.S., relating to commercial motor
vehicle safety regulations; updating reference to federal regulations;
providing exception to specified provisions for public utility and
authorized emergency vehicles; amending s. 316.515, F.S.; providing
exception to length limitations for certain utility vehicles under
specified conditions; providing an exception to load extension limitation;
amending s. 316.516, F.S.; providing statutory penalties for violation of
maximum width, height, and length limitations; amending s. 322.53,
F.S.; deleting an exemption to the requirement of having a commercial
driver's license; amending s. 334.27, F.S.; revising language with respect
to governmental transportation entities; amending s. 337.25, F.S.;
authorizing the department to use projected maintenance costs over a
period of time to offset the market value of certain property to establish
a value for the disposal of the property; creating s. 338.161, F.S.;
authorizing the Department of Transportation to advertise and promote
electronic toll collection; amending s. 339.12, F.S.; revising language
with respect to aid and contributions by governmental entities for
department projects; amending s. 479.16, F.S.; allowing certain
unpermitted signs in rural areas; prohibiting the implementation of this
provision in certain circumstances; amending s. 479.261, F.S.; revising
language with respect to the logo sign program; revising requirements
for placement of such signs; repealing s. 339.121, F.S., relating to aid
and contribution by local governmental entities for public
transportation projects; providing an effective date.

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

By Representative Starks-

HB 677-A bill to be entitled An act relating to taxation of intangible
personal property; amending s. 199.185, F.S.; increasing the value of
property that is exempted from the annual tax of taxpayers who are
natural persons; providing an exemption from the annual tax for
taxpayers that are not natural persons; excluding accounts receivable
from the property subject to taxation; amending s. 199.32, F.S.;
providing an exemption from the tax for certain intangible personal
property that is secured by mortgage, deed of trust, or other lien upon
real estate; repealing ss. 199.012, 199.023, 199.032, 199.042, 199.052,
199.057, 199.062, 199.103, 199.104, 199.106, 199.133, 199.135, 199.143,
199.145, 199.155, 199.175, 199.183, 199.185, 199.202, 199.212, 199.218,
199.232, 199.262, 199.272, 199.282, 199.292, 199.303, F.S., relating to
the tax on intangible personal property; abolishing the tax; providing
duties and powers of the Department of Revenue with respect to
collection of unpaid taxes; providing effective dates.

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

HB 679-A bill to be entitled An act relating to weapons and firearms;
creating s. 790.233, F.S.; prohibiting a person who has been issued an
injunction against committing acts of domestic violence or repeat
violence from possessing any firearm or ammunition; providing a
penalty; amending s. 741.30, F.S.; requiring that an injunction for
protection against domestic violence indicate that possessing any
firearm or ammunition is prohibited; amending s. 741.31, F.S.;
providing that it is a third-degree felony to possess a firearm or
ammunition following actual notice of the injunction; amending s.
784.046, F.S.; requiring that an injunction for protection against repeat
violence indicate that the injunction is enforceable by law enforcement
officers in all counties and that possessing any firearm or ammunition
is prohibited; amending s. 784.047, F.S.; providing that it is a third-
degree felony to possess a firearm or ammunition following actual notice
of the injunction; reenacting s. 901.15(6), F.S., relating to lawful arrest
by a law enforcement officer without a warrant, to incorporate the
amendments to ss. 741.31, 784.047, F.S, in references thereto; amending
s. 790.06, F.S.; providing that the Department of State may issue a
license to carry a concealed weapon or firearm if the applicant has not
had adjudication of guilt withheld or imposition of sentence suspended
for committing a violent misdemeanor; authorizing the department to
issue such a license if the applicant has not been issued an injunction
against committing acts of domestic violence or acts of repeat violence;
requiring that the department suspend such a license, or the processing
of a license application, if the licensee or applicant is issued an
injunction against committing acts of domestic violence or acts of repeat
violence; amending s. 790.065, F.S.; requiring that the Department of
Law Enforcement determine if a potential buyer or transferee of a
firearm has been convicted of a violent misdemeanor or had adjudication
of guilt withheld or imposition of sentence suspended for committing a
violent misdemeanor; providing an effective date.

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

By Representative Futch-

HB 681-A bill to be entitled An act relating to campaign financing;
repealing ss. 106.30-106.36, F.S., the "Florida Election Campaign
Financing Act"; amending ss. 99.092, 99.103, and 105.031, F.S.;
eliminating the transfer of a portion of filing fees to the trust fund and
reducing filing fees accordingly, to conform; amending s. 99.093, F.S.;
eliminating the transfer of a portion of municipal election assessments
to the trust fund and reducing the municipal election assessment
accordingly, to conform; amending s. 102.112, F.S.; providing for deposit
of fines assessed for late county election returns into general revenue
rather than the trust fund, to conform; amending ss. 106.04 and 106.07,
F.S.; providing for deposit of fines assessed for late campaign financing
reports into general revenue rather than the trust fund, to conform;
eliminating the separate reporting dates for candidates receiving
contributions from the trust fund, to conform; amending s. 106.141, F.S.;
eliminating deposit of surplus campaign funds into the trust fund, to

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March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

conform; amending s. 106.22, F.S.; eliminating the required audits of
campaign accounts of candidates receiving contributions from the trust
fund, to conform; amending s. 106.265, F.S.; providing for deposit of civil
penalties into general revenue instead of the trust fund, to conform;
repealing ss. 199.052(14) and 320.02(13), F.S., and amending ss. 322.08,
327.25, and 607.1622, F.S., to eliminate provisions that authorize
voluntary contributions to the trust fund, to conform; amending ss.
370.12, 732.9215, and 732.9216, F.S.; correcting cross references, to
conform; providing an effective date.

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

By Representative Chestnut-

HB 683-A bill to be entitled An act relating to education; requiring
the Department of Children and Family Services and the Department
of Education to develop minimum performance standards for all early
education and care programs that serve children from birth through 5
years of age; requiring those departments to submit a joint report to the
Legislature by October 1, 1997, presenting the performance standards
and recommending funding procedures; providing an effective date.

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

HB 685-A bill to be entitled An act relating to local government
audits; amending s. 11.45, F.S.; requiring auditors to notify members of
the governing body of a local governmental entity under certain
circumstances; providing additional duties of the Auditor General under
circumstances of potential financial emergency for a local governmental
entity; providing an effective date.

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

HB 687-A bill to be entitled An act relating to Alachua County;
amending chapter 84-388, Laws of Florida, as amended; providing
permanent status for certain employees of the Alachua County Sheriff;
specifying rights of employees; providing procedures for appeal of
disciplinary actions and complaints against employees; providing for the
appointment of boards to hear appeals and procedures with respect
thereto; providing that Alachua County deputy sheriffs shall be deemed
public employees and shall enjoy all rights granted public employees by
law; providing an effective date.

Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Wasserman Schultz-

HB 689-A bill to be entitled An act relating to breast cancer
treatment; creating ss. 627.64185 and 627.66125, F.S.; prohibiting
certain health insurance policies from imposing certain limitations on
coverage for hospital stays for breast cancer treatments under certain
circumstances; requiring such policies to provide for postsurgical care;
requiring insurers to communicate certain information to a treating
physician or hospital; amending s. 641.31, F.S.; prohibiting certain
health maintenance contracts from imposing certain limitations on
coverage for hospital stays for breast cancer treatments under certain
circumstances; requiring such contracts to provide for postsurgical care;
requiring insurers to communicate certain information to a treating
physician or hospital; providing an effective date.

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

HB 691-A bill to be entitled An act relating to pari-mutuel wagering;
amending s. 550.01215, F.S.; revising language with respect to license
applications to authorize thoroughbred permitholders to elect to receive
or rebroadcast out-of-state races after a certain time of day; providing a
different date of the year for the issuance of licenses for thoroughbred
racing; deleting obsolete language; amending s. 550.0951, F.S.;

prohibiting the application of an admission tax on free passes or
complimentary cards; amending s. 550.5251, F.S.; deleting a time
limitation with respect to the receipt and rebroadcast of out-of-state
races; amending s. 550.6305, F.S.; providing a procedure for the correct
payment of money due by a guest track or a host track when one track
is in default; providing for venue when litigation is required to resolve
a dispute; providing for attorney's fees and costs; amending s. 550.2633,
F.S., relating to certain funds escheated to the state; deleting obsolete
language; repealing s. 550.2425, F.S., relating to a racing laboratory at
horse racetrack facilities; repealing s. 550.655, F.S., relating to backside
medical and health benefits; repealing s. 550.2625(2)(a), F.S., relating to
moneys withheld from the takeout of thoroughbred horse race meets;
repealing s. 550.615(11), F.S., relating to certain thoroughbred
permitholders conducting performances beginning May 23 and ending
January 2; amending s. 550.3551, F.S.; correcting a cross reference;
providing an effective date.

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

HB 693-A bill to be entitled An act relating to marine fisheries;
amending s. 370.021, F.S.; providing that specified violations of
administrative rules, the Florida Statutes, and the constitutional ban on
the use of certain nets are major violations; providing penalties;
prohibiting a court from suspending, deferring, or withholding
adjudication of guilt in specified circumstances; providing for the
suspension of violators' licenses and prohibiting participation in the
fishing during the period of suspension; providing restrictions on
operation; deleting obsolete provisions; requiring a court to notify the
Department of Environmental Protection of the disposition of cases;
providing for the admissibility of Marine Fisheries Commission rules
into evidence; amending s. 370.025, F.S.; deleting a requirement that
Marine Fisheries Commission rules be approved by the Board of
Trustees; permitting the adoption of conservation and management
measures when available information is incomplete or inconclusive;
amending s. 370.026, F.S.; placing the Marine Fisheries Commission
within the Department of Environmental Protection; amending s.
370.027, F.S.; deleting a limitation on the power of the Marine Fisheries
Commission to regulate fishing gear; providing procedures for filing
rules with the Department of State; conforming provisions; amending s.
370.062, F.S.; deleting a requirement for rulemaking for the issuance of
tarpon tags; deleting a requirement for the annual issuance of tarpon
tags; amending s. 370.0821, F.S.; revising the mesh size of a recreational
net allowed in St. Johns County; amending s. 370.092, F.S.; deleting
provisions relating to the carriage of proscribed nets across Florida
waters, major violations, and fines and penalties; prohibiting the
harvest of marine life with nets inconsistent with s. 16, Art. X of the
State Constitution; prohibiting the use of any net not approved by the
Marine Fisheries Commission; defining the terms "net" or "netting" and
"miles"; providing for forfeiture of nets illegally used; amending s.
370.14, F.S.; deleting a requirement that a marine patrol officer be
present at the weighing of crawfish during the closed season; amending
s. 370.142, F.S.; providing additional penalties for violation of crawfish
laws; amending s. 370.15, F.S.; revising shrimp trawling regulations;
amending s. 370.25, F.S.; providing the department with discretionary
rulemaking authority relating to grant programs for construction of
artificial fishing reefs; prescribing unlawful activities; providing
criminal, civil, and administrative penalties; providing for revocation of
licenses and permits of violators; repealing s. 370.08(7), F.S., relating to
the use of gear and other equipment; repealing s. 370.0821(3), F.S.,
relating to the use of nets in St. Johns County; repealing s. 370.11(2) and
(3), F.S., relating to the length of saltwater fish and the use of nets to
harvest shad; repealing s. 370.1125, F.S., relating to the harvest of
permit; repealing s. 370.114, F.S., relating to the taking of corals and sea
fans; repealing s. 370.13(2), F.S., relating to a major violation involving
stone crabs; repealing s. 370.135(2), (3), and (4), F.S., relating to the
harvest and sale of blue crabs; repealing s. 370.14(6), F.S., relating to a
major violation involving crawfish; repealing s. 370.15(2) and (3), F.S.,
relating to the harvest of shrimp; repealing s. 370.151(2), F.S., relating
to the Tortugas shrimp beds; repealing s. 370.153(4)(c), (d), (e), and
(5)(b), (d), F.S., relating to the harvest of shrimp in Clay, Duval, Nassau,

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JOURNAL OF THE HOUSI

Putnam, Flagler, and St. Johns Counties; repealing s. 370.156, F.S.,
relating to the Florida East Coast Shrimp Bed; repealing s. 370.157,
F.S., relating to the harvest of shrimp in the Cedar Key closed area;
providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Byrd-
HB 695-A bill to be entitled An act relating to education; requiring
students in community control programs to attend public education
adult and community night school education programs if available;
requiring employment; requiring disclosure of certain information if a
student attends day school; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Byrd-
HB 697-A bill to be entitled An act relating to reports by school
personnel of students' suspected unlawful acts; amending s. 232.277,
F.S., relating to reports of suspected substance or alcohol abuse;
creating the "1997 Student Drug and Alcohol Zero Tolerance Act";
providing legislative intent; requiring notification to law enforcement
agencies of suspected unlawful acts involving use, possession, or sale of
a controlled substance, counterfeit controlled substance, alcoholic
beverage, or model glue; requiring notification to the reported student's
parent, guardian, or legal custodian; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Byrd-

HB 699-A bill to be entitled An act relating to public school parental
choice; amending s. 228.057, F.S.; requiring school districts with a
controlled open enrollment program to afford unrestricted access to the
program to parents of students in multiple session schools; providing an
effective date.

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

HB 701-A bill to be entitled An act relating to education; amending
s. 233.061, F.S.; encouraging school districts to provide instruction in
the history of labor; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Constantine-

HB 703-A bill to be entitled An act relating to school district
personnel; amending s. 230.23, F.S., relating to powers and duties of
district school boards; requiring the adoption of salary schedules based
on performance assessments of instructional personnel; amending s.
230.33, F.S.; requiring superintendents to recommend salary schedules
for instructional personnel based on performance assessments; creating
s. 231.2905, F.S.; creating the Florida School Recognition Program to
provide financial awards to selected faculty and staff of identified
schools; providing criteria for selection; amending s. 236.02, F.S.,
relating to participation in the Florida Education Finance Program;
requiring expenditures for instructional personnel salaries based on
performance assessments; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education/K-12.

By Representative Roberts-Burke-
HB 705-A bill to be entitled An act relating to adult family-care
homes; amending s. 400.621, F.S.; providing for rules relating to respite
care; amending s. 400.6211, F.S.; requiring the Department of Elderly
Affairs to inform providers of financial assistance that may be available
to certain residents; creating s. 400.626, F.S.; providing for waivers to
enable residents to age in place; requiring a report; providing for
renewal or revocation of waivers; providing an effective date.

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

March 4, 1997

E OF REPRESENTATIVES 89

HE 707-Withdrawn
By Representative Merchant-

HB 709-A bill to be entitled An act relating to public assistance;
creating s. 414.391, F.S.; requiring development of an automated
fingerprint imaging program for public assistance applicants and
recipients by the Department of Children and Family Services, in
conjunction with the Department of Labor and Employment Security;
providing for rules relating to use of information; requiring a plan for
implementation; providing for pilot implementation and evaluation;
providing priority for use of funds from reducing fraud to expand the
program; authorizing request for federal waivers; creating s. 414.392,
F.S.; requiring applicants for public assistance to provide an automated
fingerprint image before receiving any benefits; providing an effective
date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Tobin-
HB 711-A bill to be entitled An act relating to public records;
creating s. 159.6085, F.S.; providing that when a housing finance
authority applies for or obtains a charter for a federal or state savings
and loan association or bank, the personal financial records of the
members of the authority or the directors of the savings and loan
association or bank do not become public records and are exempt from
public records requirements; 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).
HB 713-Withdrawn
By Representative Laurent-

HB 715-A bill to be entitled An act relating to water resources;
amending s. 373.016, F.S.; revising legislative policy; providing
construction and application; creating s. 373.0421, F.S.; requiring
certain considerations in establishment and implementation of
minimum flows and levels; providing for implementation of recovery or
prevention strategies; amending s. 373.0693, F.S.; correcting a cross
reference; amending s. 373.073, F.S.; revising procedure for
appointment of members to the water management district governing
boards; providing a timetable; amending s. 373.079, F.S.; revising
procedure for appointment of district executive directors; providing
respective authority of the Governor and governing boards; authorizing
employment of governing board ombudsmen; revising duties of
governing board legal staff; creating s. 373.0831, F.S.; specifying
governing board responsibilities for development of water resources;
amending s. 373.223, F.S.; providing a requirement in considering
authorization to transport ground or surface water under a permit for
consumptive use of water; amending s. 373.236, F.S.; revising provisions
relating to duration of consumptive use permits; requiring compliance
reports and permit modification, under certain circumstances;
amending s. 373.507, F.S.; revising provisions relating to district and
basin audits, budgets, and expense reports; requiring districts to furnish
copies of documents to specified entities and to respond to comments;
amending s. 373.536, F.S.; providing requirements for notice and
advertisement of district budget hearings and workshops; providing
requirements for budget identification of administrative and operating
expenses; revising requirements for submittal of tentative budgets;
repealing s. 373.0735, F.S., relating to appointment of members to the
governing board of the Southwest Florida Water Management District;
providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Arnold-
HB 717-A bill to be entitled An act relating to building designations;
designating the first building constructed on the campus of Florida Gulf
Coast University as the "Ben Hill Griffin III Building"; directing the
Board of Regents of the Division of Universities of the Department of
Education to erect suitable markers; providing an effective date.

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Geller-

HB 719-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).
By Representative Brooks-
HB 721-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 the sale or purchase of tangible personal property or
services sold to raise funds for educational activities of a school;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Wallace-
HB 723-A bill to be entitled An act relating to referenda on taxation;
prohibiting the holding of a referendum on taxation at any election other
than a general election; providing an effective date.

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

HB 725-A bill to be entitled An act relating to the beverage law;
amending s. 561.24, F.S.; including manufacturers of wine within a
group of manufacturers who may not be licensed as distributors or
registered exporters; providing an exception; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Andrews-
HB 727-A bill to be entitled An act relating to personal injury
protection insurance; amending s. 627.736, F.S.; requiring the
Department of Insurance to establish a physician examination panel for
purposes of selecting physicians to conduct mental or physical
examinations for certain purposes; providing criteria; providing
requirements; providing procedures; providing for reports; providing for
removal of a physician from the panel under certain circumstances;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Wallace-

HB 729-A bill to be entitled An act relating to the Legislature;
creating s. 11.077, F.S., the "Taxpayer Protection Act"; requiring that
any general law enacted by the Legislature that will potentially increase
the cost of county or municipal personnel salaries, wages, or benefits
must include an economic impact statement and provide a means to
finance the legislation; providing requirements of the economic impact
statement; providing that any provision of general law that will
potentially increase the cost of county or municipal personnel salaries,
wages, or benefits for employees represented by a collective bargaining
agent under ch. 447, F.S., shall not take effect for those employees until
agreed to in collective bargaining; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Andrews-
HB 731-A bill to be entitled An act relating to political
advertisements; creating s. 106.1433, F.S.; providing requirements for
use of manipulated images in political advertisements; providing
definitions; providing penalties; providing an effective date.

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

By Representative Hill-
HB 733-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; requiring a legislative
body to hold a public hearing 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).
By Representative Hill-

HB 735-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).
By Representative Hill-
HB 737-A bill to be entitled An act relating to license plates;
amending s. 324.202, F.S.; including Duval and Orange Counties within
a list of counties in which the Department of Highway Safety and Motor
Vehicles shall implement a pilot project to determine the effectiveness
of using recovery agents for the seizure of license plates; providing for
a report by a certain date; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representatives Turnbull, Fischer, Dawson-White, Murman,
Wasserman Schultz, Jacobs, Dennis, and Brennan-
HB 739-A bill to be entitled An act relating to protection of victims
who apply for or receive public assistance; providing legislative findings
with respect to protection of applicants and recipients of certain public
assistance; providing for state adoption of specified Family Violence
Option provisions of the Social Security Act; prescribing duties of the
Department of Children and Family Services relating to identification
of Temporary Assistance to Needy Families (TANF) assistance
applicants and recipients who are victimized by or at risk of domestic
violence; providing for waiver of certain program requirements; defining
"victim of domestic violence"; providing for exercise of the state option
to provide certain public assistance to immigrants who have been
battered or subjected to extreme cruelty, including Temporary
Assistance to Needy Families (TANF), Title XX social services, and
Medicaid; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
HB 741-Withdrawn
By Representative Bainter-

HB 743-A bill to be entitled An act relating to insurance; amending
s. 624.424, F.S.; increasing the time limit on an insurer's use of certain
accountants; amending s. 627.311, F.S.; providing civil immunity for
certain persons associated with the Florida Joint Underwriting
Association; providing an exception; amending s. 627.351, F.S.;
providing civil immunity for certain persons associated with the Florida
Windstorm Joint Underwriting Association; providing an exception;
providing an effective date.

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

HB 745-A bill to be entitled An act relating to education; amending
s. 232.246, F.S.; requiring school districts to award college-ready high
school diplomas to certain students; correcting obsolete references;
creating s. 232.2466, F.S.; providing requirements for the college-ready
diploma program; providing an effective date.

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

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March 4, 1997

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative K. Pruitt-

HB 747-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).

By Representative Valdes-

HB 749-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;
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).
By Representative Wallace-

HB 751-A bill to be entitled An act relating to the tax on sales, use,
and other transactions; providing that a business may deduct from any
such taxes that it owes to the state the cost of certain software; providing
an effective date.

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

HB 753-A bill to be entitled An act relating to the suspension of
driver's licenses and motor vehicle registrations; amending s. 61.13016,
F.S.; specifying requirements for giving a delinquent child-support
obligor notice of delinquency and intent to suspend; providing an
effective date.

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

By Representatives Constantine and Turnbull-

HB 755-A bill to be entitled An act relating to postsecondary
education; amending s. 110.131, F.S.; deleting the requirement that the
Board of Regents comply with recordkeeping and reporting
requirements for other-personal-services employment; amending s.
235.055, F.S.; deleting authority of the Board of Regents to construct
facilities on leased property and enter into certain leases; amending s.
240.1201, F.S.; classifying specified scholars as residents for tuition
purposes; amending s. 240.147, F.S.; correcting a cross reference;
amending s. 240.205, F.S.; revising the acquisition and contracting
authority of the Board of Regents; amending s. 240.209, F.S.;
authorizing procedures to administer an acquisition program;
authorizing the Board of Regents to sell, convey, transfer, exchange,
trade, or purchase real property and related improvements; providing
requirements; amending s. 240.214, F.S.; revising provisions relating to
the State University System accountability process; amending s.
240.227, F.S.; revising the acquisition and contracting authority of
university presidents; authorizing adjustment of property records and
disposal of certain tangible personal property; amending s. 240.289,
F.S.; revising rulemaking for credit card use; amending s. 243.151, F.S.;
providing a procedure under which a university may construct facilities
on leased property; amending s. 287.012, F.S.; excluding the Board of
Regents and the State University System from the term "agency" for
purposes of state procurement of commodities and services; repealing ss.
240.225, 240.247, 240.4988(4), and 287.017(3), F.S., relating to
delegation of authority by the Department of Management Services to
the State University System, eradication of salary discrimination,
Board of Regents' rules for the Theodore R. and Vivian M. Johnson
Scholarship Program, and applicability of purchasing category rules to
the State University System; providing an effective date.

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

By Representative Geller-
HB 757-A bill to be entitled An act relating to public records;
creating s. 400.835, F.S.; providing an exemption from public records
requirements for patient information received by a home medical
equipment supplier or the Agency for Health Care Administration;
amending s. 400.843, F.S.; providing an exemption from public records
requirements for certain information obtained by the Agency for Health
Care Administration through its screening of home medical equipment
supplier personnel; 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).
By Representative Geller-

HB 759-A bill to be entitled An act relating to home medical
equipment suppliers; creating part IX of chapter 400, F.S.; providing for
regulation of home medical equipment suppliers by the Agency for
Health Care Administration; providing legislative intent; providing
definitions; providing for licensure and exemptions; providing unlawful
acts; providing penalties; providing for license applications; providing
for a fee; providing for provisional licenses and temporary permits;
providing for administrative penalties; providing for injunctions,
emergency orders, and moratoriums; providing for licensure
inspections; providing minimum standards; providing for agency rules;
providing for clinical records; providing for notice of toll-free telephone
number for the central abuse registry; providing for background
screening of home medical equipment supplier personnel; providing
screening procedures; providing for agency injunctions; prohibiting
referrals to home medical equipment suppliers; prohibiting rebates;
providing penalties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Lawson-
HB 761-A bill to be entitled An act relating to the sale of used motor
vehicles; creating the "Used Motor Vehicle Warranty Act"; providing
legislative intent; providing definitions; requiring express warranties
with respect to the sale of used motor vehicles; providing exceptions;
providing requirements for used motor vehicle dealers in honoring
warranties; providing for extension of warranty terms under certain
circumstances; providing for inability of dealer to conform the motor
vehicle to the warranty; providing certain remedies; providing for duties
of the Department of Legal Affairs; providing for establishment of
resource center and toll-free consumer number; providing liability for
bad faith claims; providing for application of the Used Motor Vehicle
Warranty Act; amending s. 320.27, F.S.; providing additional
circumstances under which the Department of Highway Safety and
Motor Vehicles may suspend certain vehicle dealers' licenses; providing
for collection of a fee on each sale of a used motor vehicle; providing an
effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Lawson-
HB 763-A bill to be entitled An act relating to elections; amending
s. 97.055, F.S.; eliminating the book-closing period for voter registration;
providing for registration and changes in registration at the polls on
election day; amending ss. 97.021, 97.053, 97.071, 98.065, 98.081,
98.231, 101.045, and 101.663, F.S., to conform; creating s. 101.657, F.S.;
requiring the office of the supervisor of elections and any branch office
to be open on the Saturday prior to any statewide election or other
election held in conjunction therewith, for the purpose of allowing early
in-person absentee voting for that election; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
By Representative Wiles-
HB 765-A bill to be entitled An act relating to military affairs;
amending s. 250.40, F.S.; providing for the disposition of moneys derived
from the rental of billeting operations at Camp Blanding Training Site;
providing an effective date.

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

March 4, 1997

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