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Table of Contents | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Title Page
Page i Page ii February 1994 Tuesday, February 8 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Firday, February 11 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Tuesday, February 15 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Thursday, February 17 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Monday, February 21 Page 211 Tuesday, February 22 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 Page 223 Page 224 Page 225 Page 226 Page 227 Page 228 Page 229 Page 230 Page 231 Page 232 Page 233 Page 234 Page 235 Page 236 Page 237 Page 238 Thursday, February 24 Page 239 Page 240 Page 241 Page 242 Page 243 Page 244 Page 245 Page 246 Page 247 Page 248 Page 249 Page 250 Page 251 Page 252 Page 253 Page 254 March 1994 Tuesday, March 1 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 Page 264 Page 265 Page 266 Page 267 Page 268 Page 269 Page 270 Page 271 Page 272 Page 273 Page 274 Page 275 Page 276 Page 277 Page 278 Page 279 Page 280 Page 281 Page 282 Page 283 Page 284 Page 285 Page 286 Page 287 Page 288 Page 289 Page 290 Page 291 Page 292 Page 293 Page 294 Page 295 Page 296 Page 297 Page 298 Page 299 Page 300 Thursday, March 3 Page 301 Page 302 Page 303 Page 304 Page 305 Page 306 Page 307 Page 308 Page 309 Page 310 Page 311 Page 312 Page 313 Page 314 Page 315 Page 316 Page 317 Page 318 Page 319 Page 320 Page 321 Page 322 Tuesday, March 8 Page 323 Page 324 Page 325 Page 326 Page 327 Page 328 Page 329 Page 330 Page 331 Page 332 Page 333 Page 334 Page 335 Page 336 Page 337 Page 338 Page 339 Page 340 Page 341 Page 342 Page 343 Page 344 Page 345 Page 346 Page 347 Page 348 Page 349 Page 350 Page 351 Page 352 Page 353 Page 354 Page 355 Page 356 Page 357 Page 358 Page 359 Page 360 Page 361 Page 362 Page 363 Page 364 Page 365 Page 366 Page 367 Page 368 Page 369 Page 370 Page 371 Page 372 Page 373 Page 374 Page 375 Page 376 Page 377 Page 378 Page 379 Page 380 Page 381 Page 382 Page 383 Page 384 Page 385 Page 386 Page 387 Page 388 Page 389 Page 390 Page 391 Page 392 Page 393 Page 394 Page 395 Page 396 Page 397 Page 398 Page 399 Thursday, March 10 Page 400 Page 401 Page 402 Page 403 Page 404 Page 405 Page 406 Page 407 Page 408 Page 409 Page 410 Page 411 Page 412 Page 413 Page 414 Page 415 Page 416 Page 417 Page 418 Page 419 Page 420 Page 421 Page 422 Page 423 Page 424 Page 425 Page 426 Page 427 Tuesday, March 15 Page 428 Page 429 Page 430 Page 431 Page 432 Page 433 Page 434 Page 435 Page 436 Page 437 Page 438 Page 439 Page 440 Page 441 Page 442 Page 443 Page 444 Page 445 Page 446 Page 447 Page 448 Page 449 Page 450 Page 451 Page 452 Page 453 Page 454 Page 455 Page 456 Page 457 Page 458 Page 459 Page 460 Page 461 Page 462 Page 463 Page 464 Page 465 Page 466 Page 467 Page 468 Page 469 Page 470 Page 471 Page 472 Page 473 Page 474 Page 475 Page 476 Page 477 Page 478 Page 479 Page 480 Page 481 Page 482 Page 483 Page 484 Page 485 Page 486 Page 487 Page 488 Page 489 Page 490 Page 491 Page 492 Page 493 Page 494 Page 495 Page 496 Page 497 Page 498 Page 499 Page 500 Page 501 Page 502 Page 503 Page 504 Page 505 Page 506 Page 507 Thursday, March 17 Page 508 Page 509 Page 510 Page 511 Page 512 Page 513 Page 514 Page 515 Page 516 Page 517 Page 518 Page 519 Page 520 Page 521 Page 522 Page 523 Page 524 Page 525 Page 526 Page 527 Page 528 Page 529 Page 530 Page 531 Page 532 Page 533 Page 534 Page 535 Page 536 Page 537 Page 538 Page 539 Page 540 Page 541 Page 542 Page 543 Page 544 Page 545 Page 546 Page 547 Page 548 Page 549 Page 550 Page 551 Page 552 Page 553 Page 554 Page 555 Page 556 Page 557 Page 558 Page 559 Page 560 Page 561 Page 562 Page 563 Page 564 Page 565 Page 566 Page 567 Page 568 Page 569 Page 570 Page 571 Page 572 Page 573 Page 574 Page 575 Page 576 Page 577 Page 578 Page 579 Page 580 Page 581 Page 582 Page 583 Page 584 Page 585 Page 586 Page 587 Page 588 Page 589 Page 590 Page 591 Page 592 Page 593 Page 594 Page 595 Page 596 Page 597 Page 598 Page 599 Page 600 Tuesday, March 22 Page 601 Page 602 Page 603 Page 604 Page 605 Page 606 Page 607 Page 608 Page 609 Page 610 Page 611 Page 612 Page 613 Page 614 Page 615 Page 616 Page 617 Page 618 Page 619 Page 620 Page 621 Page 622 Page 623 Page 624 Page 625 Page 626 Page 627 Page 628 Page 629 Page 630 Page 631 Page 632 Page 633 Page 634 Page 635 Page 636 Page 637 Page 638 Page 639 Page 640 Page 641 Page 642 Page 643 Page 644 Page 645 Page 646 Page 647 Page 648 Page 649 Page 650 Page 651 Page 652 Page 653 Thursday, March 24 Page 654 Page 655 Page 656 Page 657 Page 658 Page 659 Page 660 Page 661 Page 662 Page 663 Page 664 Page 665 Page 666 Page 667 Page 668 Page 669 Page 670 Page 671 Page 672 Page 673 Page 674 Page 675 Page 676 Page 677 Page 678 Page 679 Page 680 Page 681 Page 682 Page 683 Page 684 Page 685 Page 686 Page 687 Page 688 Page 689 Page 690 Page 691 Page 692 Page 693 Page 694 Page 695 Page 696 Page 697 Page 698 Page 699 Page 700 Friday, March 25 Page 701 Page 702 Page 703 Page 704 Page 705 Page 706 Page 707 Page 708 Page 709 Page 710 Page 711 Page 712 Page 713 Page 714 Page 715 Page 716 Page 717 Page 718 Page 719 Tuesday, March 29 Page 720 Page 721 Page 722 Page 723 Page 724 Page 725 Page 726 Page 727 Page 728 Page 729 Page 730 Page 731 Page 732 Page 733 Page 734 Page 735 Page 736 Page 737 Page 738 Page 739 Page 740 Page 741 Page 742 Page 743 Page 744 Page 745 Page 746 Page 747 Wednesday, March 30 Page 748 Page 749 Page 750 Page 751 Page 752 Page 753 Page 754 Page 755 Page 756 Page 757 Page 758 Page 759 Page 760 Page 761 Page 762 Page 763 Page 764 Page 765 Page 766 Thursday, March 31 Page 767 Page 768 Page 769 Page 770 Page 771 Page 772 Page 773 Page 774 Page 775 Page 776 Page 777 Page 778 Page 779 Page 780 Page 781 Page 782 Page 783 Page 784 Page 785 Page 786 Page 787 Page 788 Page 789 Page 790 Page 791 Page 792 Page 793 Page 794 Page 795 Page 796 Page 797 Page 798 Page 799 Page 800 Page 801 Page 802 Page 803 Page 804 Page 805 Page 806 Page 807 Page 808 Page 809 Page 810 Page 811 Page 812 Page 813 Page 814 Page 815 Page 816 Page 817 Page 818 Page 819 Page 820 Page 821 Page 822 Page 823 Page 824 Page 825 Page 826 Page 827 Page 828 Page 829 Page 830 Page 831 Page 832 Page 833 Page 834 Page 835 Page 836 Page 837 Page 838 Page 839 Page 840 Page 841 Page 842 Page 843 Page 844 Page 845 Page 846 Page 847 Page 848 Page 849 Page 850 Page 851 Page 852 Page 853 Page 854 Page 855 Page 856 Page 857 Page 858 Page 859 Page 860 Page 861 Page 862 Page 863 April 1994 Monday, April 4 Page 864 Page 865 Page 866 Page 867 Page 868 Page 869 Page 870 Page 871 Page 872 Page 873 Page 874 Page 875 Page 876 Page 877 Page 878 Page 879 Page 880 Page 881 Page 882 Page 883 Page 884 Page 885 Page 886 Page 887 Page 888 Page 889 Page 890 Page 891 Page 892 Page 893 Page 894 Page 895 Page 896 Page 897 Page 898 Page 899 Page 900 Page 901 Page 902 Page 903 Page 904 Page 905 Page 906 Page 907 Page 908 Page 909 Page 910 Page 911 Page 912 Page 913 Page 914 Page 915 Page 916 Page 917 Page 918 Page 919 Page 920 Page 921 Page 922 Page 923 Page 924 Page 925 Page 926 Page 927 Page 928 Page 929 Page 930 Page 931 Page 932 Page 933 Page 934 Page 935 Page 936 Page 937 Page 938 Page 939 Page 940 Page 941 Page 942 Page 943 Page 944 Page 945 Page 946 Page 947 Page 948 Page 949 Page 950 Page 951 Page 952 Page 953 Page 954 Page 955 Page 956 Page 957 Page 958 Page 959 Page 960 Page 961 Page 962 Page 963 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1165 Wednsday, April 6 Page 1166 Page 1167 Page 1168 Page 1169 Page 1170 Page 1171 Page 1172 Page 1173 Page 1174 Page 1175 Page 1176 Page 1177 Page 1178 Page 1179 Page 1180 Page 1181 Page 1182 Page 1183 Page 1184 Page 1185 Page 1186 Page 1187 Page 1188 Page 1189 Page 1190 Page 1191 Page 1192 Page 1193 Page 1194 Page 1195 Page 1196 Page 1197 Page 1198 Page 1199 Page 1200 Page 1201 Page 1202 Page 1203 Page 1204 Page 1205 Page 1206 Page 1207 Page 1208 Page 1209 Page 1210 Page 1211 Page 1212 Page 1213 Page 1214 Page 1215 Thursday, April 7 Page 1216 Page 1217 Page 1218 Page 1219 Page 1220 Page 1221 Page 1222 Page 1223 Page 1224 Page 1225 Page 1226 Page 1227 Page 1228 Page 1229 Page 1230 Page 1231 Page 1232 Page 1233 Page 1234 Page 1235 Page 1236 Page 1237 Page 1238 Page 1239 Page 1240 Page 1241 Page 1242 Page 1243 Page 1244 Page 1245 Page 1246 Page 1247 Page 1248 Page 1249 Page 1250 Page 1251 Page 1252 Page 1253 Page 1254 Page 1255 Page 1256 Page 1257 Page 1258 Page 1259 Page 1260 Page 1261 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2256 Page 2257 Page 2258 Page 2259 Page 2260 Page 2261 Page 2262 Page 2263 Page 2264 Page 2265 Page 2266 Page 2267 Page 2268 Page 2269 Page 2270 Page 2271 Page 2272 Page 2273 Index Page 2274 Members of the House, Bills Sponsored, and Committee Assignments Page 2275 Page 2276 Page 2277 Page 2278 Page 2279 Page 2280 Page 2281 Page 2282 Page 2283 Page 2284 Page 2285 Page 2286 Bills, Resolutions, and Memorials Sponsored by Committees Page 2287 Page 2288 Miscellaneous Subjects Page 2289 Page 2290 Vetoed Bills Page 2291 Subject Index of House and Senate Bills, Resolutions, and Memorials Page 2292 Page 2293 Page 2294 Page 2295 Page 2296 Page 2297 Page 2298 Page 2299 Page 2300 Page 2301 Page 2302 Page 2303 Page 2304 Page 2305 Page 2306 Page 2307 Page 2308 Page 2309 Page 2310 Page 2311 Page 2312 Page 2313 Page 2314 Page 2315 Page 2316 Page 2317 Page 2318 Page 2319 Page 2320 Page 2321 Page 2322 Page 2323 Page 2324 Page 2325 Page 2326 Page 2327 Page 2328 Page 2329 Page 2330 Page 2331 Page 2332 Page 2333 Page 2334 Page 2335 Page 2336 Page 2337 Page 2338 Page 2339 Page 2340 Page 2341 Page 2342 Page 2343 Page 2344 Page 2345 Page 2346 Page 2347 Page 2348 Page 2349 Page 2350 Page 2351 Page 2352 Page 2353 Page 2354 Page 2355 Page 2356 Page 2357 Page 2358 Page 2359 Page 2360 Page 2361 House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition Page 2362 Page 2363 Page 2364 Page 2365 Page 2366 Page 2367 Page 2368 Page 2369 Page 2370 Page 2371 Page 2372 Page 2373 Page 2374 Page 2375 Page 2376 Page 2377 Page 2378 Page 2379 Page 2380 Senate Bills, Resolutions, and Memorials (Received in House) by Number, Subject, Sponsor, and Disposition Page 2381 Page 2382 Page 2383 Page 2384 Page 2385 Page 2386 Page 2387 |
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Journal of the Florida House of Representatives Ninety-sixth Regular Session since Statehood in 1845 February 8 through April 15, 1994 [Including a record of transmittal of Acts subsequent to sine die adjournment] Number 1 SThe JournalOF THE House of Representatives Tuesday, February 8, 1994 Journal of the House of Representatives for the 96th Regular Session since Statehood in 1845, convened under the Constitution of 1968, begun and held at the Capitol in the City of Tallahassee in the State of Florida, on Tuesday, February 8, 1994, 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 10:00 a.m. for the beginning of the 96th Regular Session and were called to order by the Speaker, the Honorable Bolley L. Johnson. Prayer The following prayer was offered by the Reverend George Sedberry, First United Methodist Church of Milton, upon invitation of Speaker Johnson: O God, we thank You for being the One in whom we can take refuge. We thank You for being the One who has guided Your people, for being the One that has brought healing where there was sickness, for being the One who has brought life when otherwise there would be death. God, if ever we needed Your wisdom and Your guidance it is now as this House of Representatives begins a new session, standing upon the threshold of a new year. May Your blessings be upon each of these Representatives as You know them, as You know their needs, their "motives, and their hopes. May the God that gave to Moses the staff in order that his needs be met, give to these Your spirit that they may feel Your strength and know Your wisdom is greater than their own. O God, it is from You that all goodness comes, it is from You that our ideals come, it is from You that there comes to us the spur of high desire and the restraint of conscience as we hear many voices calling out to us. Enable us this day and the days following to hear, above all other voices, Your voice, so that we may strive daily to do Your will, and may we never forget that what is said and done is always under Your watchful eye and Your loving heart. All this we ask through Thy Son, Jesus Christ, in whose name we pray. Amen. The following Members were recorded present: The Chair Abrams Albright Armesto-Garcia Arnall Arnold Ascherl Bainter Barreiro Benson Bitner Bloom Boyd Brennan Bronson Brown Bullard Burke Bush Casey Charles Chestnut Clemons Constantine Cosgrove Couch Crady Crist Davis Dawson De Grandy Dennis Edwards Eggelletion Feeney Feren Fuller Futch Garcia Gay Geller Glickman Goode Gordon Graber Greene Hafner Hanson Harris Hawkes Hawkins Healey Hill Ireland Jacobs Johnson, Buddy Jones Kelly Kerrigan King Klein Laurent Lawson Lippman Littlefield Logan Long Mackenzie Mackey Manrique Martinez McAndrews McClure McMahan Merchant Miller Minton Mishkin Mitchell Morroni Morse Mortham Ogles Peeples Posey Pruitt Rayson Reddick Ritchie Roberts Rojas Rudd Rush Safley Sanderson Saunders, D. Saunders, R. Schultz Sembler Shepard Simon Sindler Smith Stabins Stafford Starks Sublette Tedder Thomas Thrasher Tobin Trammell Upchurch Valdes Villalobos Wallace Warner Webster Wise A quorum was present. Pledge The Members pledged allegiance to the Flag, led by the following representatives of veterans organizations: Colonel Peter C. Sweers, Jr., Retired Officers' Association; Commander Cleve Geer, Florida State Department of AMVETS; Irving Steinberg, Jewish War Veterans; Debbie Nelson, Jewish War Veterans, Ladies' Auxiliary; Commander John Engwiler, Disabled American Veterans; Chairman George Carter, Disabled American Veterans Legislative Committee; Vice Commander Irving Unger, Disabled American Veterans; Florida Legislative Coordinator Charles H. Cuthbertson, Non-Commissioned Officers' Association; Grand Officer James Bryant, Forty and Eight; National Executive Committeeman George L. Derrick, Florida Department of the American Legion; Jerome Brill, American Ex-Prisoners of War. House Physician The Speaker introduced Dr. Mike Gordon of Miami, who served in the Clinic today upon invitation of Speaker Johnson. Resignation of Representative Douglas L. Jamerson The Speaker advised that he had received the resignation of Rep. Douglas L. Jamerson of the 55th District, effective December 31, 1993, so that he could accept appointment as Commissioner of the Department of Education. Pursuant to Article III, Section 15 of the Florida Constitution, a special election was called by executive order. The first special primary was held on February 1, 1994; the second special primary will be held on February 15, 1994; and the special general election on March 1, 1994. Changes in Committee Assignments The Speaker advised that he had made the following changes in committee assignments: 1 JOURNAL OF THE HOUSE OF REPRESENTATIVES Rep. Chestnut was appointed Chair of the Committee on Education and removed from the Committee on Higher Education. Rep. Hafner was appointed to the Committee on Higher Education and appointed Chair of the Subcommittee on Finance & Programs, and removed from the Committee on Education. Rep. Brennan was appointed Vice Chair of the Committee on Education. Rep. Clemons was appointed to the Committee on Appropriations and the Subcommittee on Education. Presentation of Former Speakers The Speaker presented the following former Speakers who were present today at his invitation: the Honorable Doyle E. Conner, the Honorable Mallory E. Home, the Honorable Ralph D. Turlington, the Honorable Richard A. Pettigrew, the Honorable T. Terrell Sessums, the Honorable Donald L. Tucker, the Honorable Ralph H. Haben, Jr., the Honorable H. Lee Moffitt, the Honorable James Harold Thompson, the Honorable Jon Mills, the Honorable Tom Gustafson, and the Honorable T. K. Wetherell. Committee to the Senate On motion by Rep. Crady, the Speaker appointed Reps. Gordon, Martinez, Sanderson, King, Bush and Brennan as a committee to notify the Senate that the House was convened and ready to transact business. The committee was excused to perform its assignment. The Journal The Journal of November 10, 1993, Special Session "C," was corrected and approved as corrected. Communications Governor Lawton Chiles advised that he desired to address the Legislature in Joint Session today. The following Certificate of Judicial Manpower was received: No. 83,131 In Re: CERTIFICATION OF NEED FOR ADDITIONAL JUDGES [February 3, 1994] BARKETT, C. J. Under the provisions of article V, section 9, of the Florida Constitution, the Florida Supreme Court is responsible for determining the need for an increase or decrease in the number of judges required to consider and dispose of cases filed before the respective courts. To this end, we have analyzed case filings and evaluated the growth in the workload of the State Courts System over the past several years. As the result of this review, we certify the need for eight circuit court judges and three county court judges. A comparison of the requests for new judges filed by the respective courts and the new judgeships certified as needed for fiscal year 1994-95 follows: CIRCUIT COURT CIRCUIT REQUEST CERT. 1 2 3 4 5 6 7 8 9 10 11 COUNTY COURT COUNTY REQUEST CERT. - Santa Rosa 1 Duval 1 2 1 2 1 1 2 2 Dade 2 1 12 1 1 13 14 15 16 17 18 19 20 TOTALS 1 1 1 1 Hillsborough 1 Palm Beach 1 Broward 1 Seminole 1 12 8 1 1 8 1 1 3 Florida Rule of Judicial Administration 2.035(b)(1) sets forth the criteria for certification of need for judges at the trial court level. As with certifications of recent years, we have placed the greatest weight on statistical data reflecting the growth and composition of caseloads in the various circuits and counties. We have determined that the most consistent and reliable measure of workload at the trial court level is total case filings per judge. Criminal, civil, probate, family, and juvenile case filings for each circuit are also evaluated by applying different weights reflecting varying requirements for judicial hearing time and attention. The filings per judge statistics for the county courts are adjusted to exclude worthless check and civil traffic infractions. In addition to those factors prescribed in Florida Rule of Judicial Administration 2.035, other criteria we considered included the use of county and senior judges on temporary assignment; the availability of supplemental hearing resources furnished by the counties (traffic magistrates, child support hearing officers, and general or special masters); reliance on mediation and arbitration to resolve cases; and special local circumstances that affect case handling. We find it necessary to certify the need for eight circuit judges this year, including one additional circuit judgeship for the Fifth, Twelfth, Fourteenth, and Eighteenth Judicial Circuits and two additional circuit judgeships for the Ninth and Eleventh Judicial Circuits. Overall, circuit case filings are projected to be down from 1992 to 1993, and this trend is predicted to continue in 1994, albeit at a reduced rate. This downward trend is driven by a substantial decline in circuit civil filings. In 1992, civil filings declined 13.2% from the 1991 level. A decline of approximately 8.9% is expected for 1993 and civil filings should fall another .9% in 1994. While the increase in the monetary jurisdiction of the county court to $15,000 (from $5,000) that went into effect between 1990 and 1992 is a primary contributor to this decline, the magnitude of the decrease cannot be attributed solely to this jurisdictional change. Other factors contributing to this decline are unknown at present, though the disruption caused by Hurricane Andrew to the operations of the courts in south Florida in early fall of 1992 is documented to have had an impact. The circuits have realized a gradual increase in domestic relations cases. Prior year filings of guardianship and mental health cases have also seen modest increases. However, domestic violence filings are projected to increase in excess of 50% from 1991 to 1994. Criminal filings are projected to show a decline of 3.6% from 1992 to 1993 and an additional modest reduction of .2% in 1994. Juvenile filings are expected to grow 1.2% and 1.5% per year over the same time frame. A more recent and disturbing trend, however, is the increase in crimes of violence. Violent felony case filings are increasing in proportion to other crimes. Likewise, juvenile delinquency case filings are increasing in lethality. All of the courts for which new circuit judgeships are requested are projected to have 1994 filings levels very near to or well above the 1,865 filings per judge threshold, at which this Court has determined there is a presumptive need for more judicial resources, with the exception of the Eleventh Judicial Circuit. Other factors, such as geographical constraints affecting judicial assignments, the availability and reliance on senior judges for temporary assignment, and historical assignments of county judges to hear circuit court matters, weighed heavily in our decisions for selected circuits. We are certifying the need for two additional circuit judgeships for the Eleventh Judicial Circuit notwithstanding that forecasted caseloads are 2 February 8, 1994 somewhat below the threshold of 1,865 filings per judge. The most compelling factor in favor of the request of the Eleventh Judicial Circuit is the increasing cultural diversity of litigants, defendants, and witnesses appearing in court proceedings. Last year, almost 195,000 translations of testimony were required in Dade County. This results in more lengthy hearings and trials and is substantiated by data on the length of trials gathered by the Office of the State Courts Administrator which indicates such proceedings require about 25% more time in the Eleventh Judicial Circuit than in other circuits. We also find that the Eleventh Judicial Circuit loses the equivalent of approximately two circuit judges due to administrative duties required of the chief judge and administrative judges of the separate divisions of the court. These factors have necessitated extensive assignments of county judges to the circuit court to the apparent detriment of case handling in the county court. It is the view of this Court that the two additional circuit judges we are certifying should enable a shift of some of the existing county judges back to county court. Such a shift coupled with the new Dade County judgeship we certify as needed should permit more efficient handling of cases in the jurisdiction of the county court. These judgeships are critical to the ability of the circuit courts to keep up with caseloads. Significant differences in waiting time to have motions heard or cases tried in civil, family, and criminal matters have developed because, in times when resources are limited, chief judges must give priority to criminal dockets. This causes civil and family calendars to become more congested. With disposition rates leveling off in recent years, which suggests Florida judges are working at or near capacity, these already intolerable delays will only worsen if the additional judgeships we have certified are not authorized and funded. The judgeships we find to be needed will not enable a reversal of these trends, but they are crucial to our ability to avoid greater delays than are currently the norm in the affected circuits. We also find that addressing the workload problems of the trial courts requires a comprehensive approach. Our senior judge program, additional compensation for county judges serving in circuit court, trial court law clerks, and other management and technological enhancements are essential components of our overall strategy to improve the operation of the judicial system. We are also proposing a new family court initiative, full funding for which is critical to our trial courts' ability to meet their constitutional obligations. Research findings consistently point out that dysfunctional families contribute to crime and delinquency among our youth as well as increased domestic violence and child abuse. We are proposing a comprehensive integrated response to families in litigation which requires enhanced resources for the judicial system at the front end of the process, and better communication between the courts and community based resources designed to meet specific needs of individuals and families. The courts must be equipped to identify the needs and problems of families seeking court intervention before they escalate into crime, violence, delinquency, divorce, child abuse, and child neglect. In addition to the humanitarian benefits of this initiative, we believe it will also enhance the trial courts' ability to effectively handle the current caseload problems in those divisions of circuit court where family related matters are heard. County court criminal and civil filings are projected to remain relatively stable through 1994. However, DUI case filings are projected to increase 3.6%. Also, the change in the blood alcohol level for DUI offenses from .10 to .08, which recently took effect, will likely push DUI filing levels higher. We expect a concomitant increase in jury trial activity for such cases. Similar increases in trials for non-small claims civil filings (cases with a monetary value between $5,000 and $15,000) are expected. These types of cases require more judicial time to dispose of, and therefore offset the relatively flat county caseload trend overall. We are certifying the need for three new county court judgeships for fiscal year 1994-95 with one additional for Dade, Broward, and Hillsborough Counties. In evaluating the need for such positions, we relied principally on case filings data that were adjusted to include only criminal, civil, DUI, and other criminal traffic cases. As in the past, worthless check cases and civil traffic infractions were weighted less heavily because of their limited requirements for judicial time, the diversion of large numbers of worthless check cases in selected circuits, and the variability and volume of such cases reported from county to county. We have determined that 6,114 filings per judge is the threshold that should be used to determine the need for an additional county judge. 3 County courts with caseloads near or exceeding 6,114 filings per judge are operating at or above capacity. County judges in such courts were found to have relatively little time to assist with case assignments at the circuit court level. Where the judges in these counties did help with the circuit court workload, it was to the detriment of case processing in the county courts. All of the counties for which certification of need is made are projected to exceed the 6,114 threshold. Full funding for the requests certified as needed herein is deemed absolutely essential if Florida's courts are to fulfill their constitutional mandate to try cases in a fair, impartial, and timely manner. It is so ordered. OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. Original Proceeding Certification of Need for Additional Judges Introduction of House Concurrent Resolution On motion by Rep. Wallace, the rules were waived for introduction and consideration of a concurrent resolution. By Representative Wallace- HCR 1-Org.-A concurrent resolution providing that the House of Representatives and Senate convene in joint session for the purpose of receiving a message from the Governor. WHEREAS, His Excellency, Governor Lawton Chiles, has expressed a desire to address the Legislature in Joint Session; NOW, THEREFORE, Be It Resolved by the House of Representatives of the State of Florida, the Senate Concurring: That the House of Representatives and the Senate convene in Joint Session in the chamber of the House of Representatives at 11:00 a.m. this day, February 8, 1994, for the purpose of receiving the message of the Governor. -was read the first time by title. On motion by Rep. Mortham, the rules were waived and the concurrent resolution was read the second time by title. On motion by Rep. Wallace, the concurrent resolution was adopted and, under the rule, immediately certified to the Senate. Messages from the Senate The Honorable Bolley L. Johnson, Speaker I am directed to inform the House of Representatives that the Senate has adopted HCR 1-Org. Joe Brown, Secretary The above concurrent resolution was ordered enrolled. Recessed The House stood in informal recess at 10:23 a.m., to reconvene upon the call of the Speaker. Reconvened The House was called to order by the Speaker at 10:47 a.m. A quorum was present. Committee from the Senate A committee from the Senate consisting of Senators Boczar, Diaz-Balart, Foley, Gutman, Harden, Holzendorf, Johnson and Jones advanced to the well and announced that the Senate was convened and ready to transact business. Recessed The House stood in informal recess at 10:48 a.m., to reconvene upon call of the Speaker. Reconvened The House was called to order by the Speaker at 11:01 a.m. A quorum was present. February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE JOINT SESSION Pursuant to HCR 1-Org., the Members of the Senate, escorted by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House, were seated in the Chamber. The President and President pro tempore joined the Speaker and Speaker pro tempore at the rostrum. The Secretary joined the Clerk at the front desk. Arrival of Lieutenant Governor and Cabinet The Honorable Kenneth H. "Buddy" MacKay, Jr., Lieutenant Governor; the Honorable Robert A. Butterworth, Attorney General; the Honorable Gerald A. Lewis, Comptroller; the Honorable C. Thomas Gallagher III, Treasurer and Commissioner of Insurance; the Honorable Robert B. Crawford, Commissioner of Agriculture; and the Honorable Doug Jamerson, Commissioner of Education, constituting the Cabinet, were escorted into the Chamber by the Sergeant at Arms of the House and seated. Arrival of Supreme Court Chief Justice Rosemary Barkett, Justice Ben F. Overton, Justice Parker Lee McDonald, Justice Leander J. Shaw, Jr., Justice Stephen H. Grimes, Justice Gerald Kogan and Justice Major B. Harding, constituting the Supreme Court, were escorted into the Chamber by the Sergeant at Arms of the Senate and seated. The Speaker presented the gavel to Pat Thomas, President of the Senate, asking him to preside over the Joint Session. THE PRESIDENT OF THE SENATE PRESIDING A quorum of the Joint Session was declared present. Prayer The following prayer was offered by Bishop Frank Cummings, llth Episcopal District, African Methodist Episcopal Church of Jacksonville. Divine creator, we give You thanks for this day and for the blessings of life. We seek Your divine guidance and we come now for this deliberation of this House and for these persons who have been elected to lead the great state of Florida. We ask, O God, that they would never forget the purpose for which they have been elected. Guide their deliberation, temper their mind and thoughts, and lead them in a way that You would have them to go. As we sit here, Lord, from day to day, we pray that they will never forget those back home who are crying out to them for guidance and for help. We pray that the hungry will be fed, little children who are seeking an education will be attended to, the old people who have felt forgotten will once again be brought back into the mainstream. Bless this state and all those who have been elected to lead. In the end, O Lord, let all that we say and do bring about a better place for all of Your people. In Your name we pray. 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. Wallace, the President appointed Senators Kirkpatrick, Jenne, Silver, Bankhead and Jennings, and on behalf of the Speaker, appointed Reps. Mackenzie, D. Saunders, Mortham, Manrique, and Eggelletion as a joint committee to notify the Governor that the Legislature had assembled to receive his message. The committee retired to execute its responsibility. Upon announcement by the House Sergeant at Arms, the committee escorted Governor Chiles to the rostrum. Presentation of the Governor President Thomas presented the Honorable Lawton M. Chiles, Jr., Governor, who addressed the Joint Session as follows: Governor's Address Speaker Johnson, President Thomas, members of the Supreme Court, my teammate and partner, Buddy MacKay, members of the Cabinet, members of the Senate and House of Representatives and my fellow Floridians. 4 E OF REPRESENTATIVES February 8, 1994 Today is the first opportunity that I've had to be with you since our special session on workers' compensation and juvenile gun control last November. I thank you sincerely for your work during that session and the outstanding legislation that you produced. You have changed Florida's workers' compensation system from one of the worst to one of the best, if not the best, in the nation. You passed a tough, smart bill designed to quickly rehabilitate workers instead of guaranteeing profits for lawyers and health providers. It's a bill that gives businesses the ability to control their costs by selecting managed care, instituting safety and drug-free workplaces, and as a result, now our businesses can reduce their workers' compensation premiums at least 20 percent. That's going to provide more money for jobs, for expansion which is certainly going to allow them to be more competitive and profitable. How did this happen? I think it happened because we set an ambitious goal and we refused to allow the special interests to defeat the people's interest. Also, you should feel justly proud of your work on the Florida Health Security Act. When I meet with other governors or industry leaders, the first question they ask me is how have'we gotten so far down the road to affordable health care for all Floridians so fast. Even before our CHPA boards open their bids, and that's going to be two days from today, Florida's economy has received a dividend of a billion, one-hundred million dollars. That's the difference between the growth of health insurance in Florida today, 2.1 percent, as opposed to the national average, 8.6 percent. You'll remember with me that during the last ten years our growth increased 20 percent a year. So the Pacman of Florida's businesses, health care costs, are coming down; they're not zooming out of sight. Today, we find our state vastly different from what it was three years ago. We are no longer stuck in recession. We are creating jobs faster than any state in the nation. We've entered into a partnership with business to promote our economy-a bottom-line mentality partnership-Enterprise Florida, Florida International Affairs Commission, the Florida Sports Authority, Entertainment Florida. We ask you that this session you put into law the Government Accountability Act for the people. So we've simplified the process of getting a permit. We've speeded up getting an answer from Tallahassee. We've transferred power and responsibility from government to the people through school advisory councils, more than 2,600 coalitions of teachers and parents and business people, 15 juvenile justice commissions with sheriffs, police officers together with social workers, together with educators. Now they're the ones that are beginning to call the tune on what we should do with juveniles-15 health and human service boards, which we are partnering with who are going to say how we should treat abused women, battered children, foster care; 11 CHPA boards dominated by the business sectors, with consumers on there as well, to try to get that low-cost health insurance for our small businesses; 30 Healthy Start coalitions covering the entire state trying to start that lifeline for the children of Florida. Action now takes place in communities. State government has become a partner, not a master. HRS was the prime example of a failed, top-heavy, centralized bureaucracy. And, in three months, Buddy MacKay changed the way it had operated for 25 years-demonstrated again that he is one of the finest public servants in Florida today. [applause] More than 300 Tallahassee-based positions eliminated or moved to counties to serve people in their communities. Now HRS is no longer a monument to what's wrong in government, it's earned the right to a new name, the Department of Family Services, a name that reflects a new direction towards community, away from bureaucracy. Florida is the leader in the nation in ethics and campaign funding reforms. The House takes the next step on that road this afternoon by passing the proposed rule banning campaign contributions during the session. As we worked together during the past three years, Florida and its government has changed. Today our state is different; it's better. But we have miles to go before we sleep. The most important priority that faces us this session is protecting our people in their homes, in their neighborhoods, in their schools. Just yesterday, Dr. James Adams, Superintendent of Lee County schools, was gunned down in his office, ending a life that had touched so many others. I ask you to join with me in a moment of silent prayer for Dr. Adams and his family. [pause] JOURNAL OF THE HOUSE There is no simple answer to crime, no single solution. The explosion of violence and injury and anguish that it's causing require diligence to try to find a comprehensive solution. In last year's special session on safe streets, we did not agree on a special funding source earmarked for criminal justice to pass for a five-year prison building plan, but we did agree on the number of cells necessary to keep dangerous criminals locked up for at least 75 percent of their sentences. My budget proposes that we build space for more than 14,000 additional prisoners this next year, more than 33,000 spaces over five years to meet this commitment, this goal. We know that roughly seven percent of the criminals are responsible for 70 percent-seven percent of the criminals commit 70 percent of the crimes. These are the worst of the worst. They demonstrate they will not live within the law. They should not live among us. [applause] After three convictions for violent crime, I propose that we send these career criminals to prison for the rest of their lives. [applause] For them, three strikes and you're in. Juveniles who commit serious crimes are not involved in child's play and we won't treat them as children. Those who have chosen the wrong path time after time will spend a long time in secure, new facilities. I'm proposing that young offenders starting out on the wrong road have the opportunity to learn self-discipline in an environment of hard work in community-based boot camps. That's the kind of tough action that our law-abiding citizens expect and deserve. But after the boot camp, these young people will need mentors and support in disciplining their lives, building their futures on self-esteem and a learned value system. We have to be honest with our people about the need for a strategy that will lock up the dangerous criminals while it prevents the at-risk and the troubled children from becoming the next generation of prison inmates. I ask you to join with me in building a comprehensive public safety program that's tough, smart and honest and includes prevention as well as punishment. [applause] Last week, the Domestic Violence Task Force that I appointed in September released its first report. One of the startling revelations tells us that 35 percent of the women treated in Florida's emergency rooms are there for injuries related to abuse committed at home. Each of you has a copy of that report. I believe it's required reading before we act on recommendations that must be addressed in this session. Last November we passed a tough gun law that makes sure police can disarm dangerous juveniles before mischief becomes murder. That addresses a problem defined by too many school children having a better chance of being handed a pistol than a diploma. Now, we need a "Safe Schools Plan" to ensure a safe environment for our teachers to teach and "our children to learn. Additional school resource officers and security devices to stop guns and weapons must be provided for our school campuses. Students who skip school or disrupt classes will not be expelled to the street to get into more trouble, but they'll be expelled into alternative schools or classes that are structured to take care of their bad behavior. Juvenile violence is exploding. The highest increase of violent crime in our state is from 11 to 13. At-risk middle schools need better options than being out on the streets or at home alone after school. We need to keep middle schools open until eight or nine in the evening and on Saturdays to provide safety, recreation, tutoring, a hot meal, preventative medical care. Each school could provide haven for at least 50 of its at-risk students. Teachers can identify with certainty the children that have the potential but who, the teachers know, if left in the crisis that they're in, they're going to be a drop-out or worse. Part of an honest prevention strategy should give these kids a chance for a productive future. Join me in creating two educational academies for these kids. Think how much cheaper it is than creating prisons for them later. [applause] The future of Florida is going to be determined by our 2 million school children. And to secure that future, we have to give them a quality education. That means setting higher standards, measuring for better performance, holding school personnel accountable. We know there is a direct comparison between the drop-out rate and our crime rate. Seventy percent of our inmates dropped out. When we keep kids in school, we fight crime. Doug Jamerson had outstanding qualifications to become the Commissioner of Education. [applause] Seventeen years in the classroom, 11 years in the Legislature, but I appointed him because he was the prime February 8, 1994 SOF REPRESENTATIVES 5 sponsor of the Education Accountability Act, which took power away from bureaucrats in Tallahassee and put decision-making power into the hands of parents and teachers. [applause] Now, students not only bring home their report card, they also bring home this report card that shows how their school is doing. The budget recommendations I have made will upgrade our school libraries, our teacher training and technology. And, as we make schools safe, we have to help them achieve the highest scholastic goals. We owe Florida's school children the best education possible. But we owe the taxpayers the commitment that every tax dollar for education goes to the classroom, not to increase the bureaucracy. [applause] The Department of Education should be a resource, not a regulator. I've asked Doug Jamerson to cut 50 percent out of the bureaucracy of the Department of Education in personnel, in rules and in regulations. That amounts to emptying at least five floors of the Florida Education Center. Let's put our full-service schools teams and our juvenile justice unit in that space-and the Turlington Building becomes a center of hope, not an ivory tower. [applause] And that's just the beginning. Commissioner Jamerson agrees with me that the Division of Public Schools should focus on the classroom, not anything else. It's the classroom, stupid, it's the classroom. [applause] We must take the savings and pump every one of those dollars into the classrooms. I know that Doug Jamerson can get this job done, but he's going to need your help. And then we need to tell every school district that with 50 percent less control from Tallahassee, they can reduce their bureaucracy at least that much. [applause] In the session, we need to continue fundamental lasting reform of our welfare system. We'll begin by strengthening the requirement that delinquent parents support the children that they have brought into this world. Those who abandon the legal responsibility to support their children should heed our warning. Deadbeat dads are going to pay their obligations or they're going to face the consequences. [applause] We'll even post a "Ten Most Wanted List" as we seek to find the worst offenders. And when we find them, they will pay. [applause] Help us move child support enforcement to the Department of Revenue. They are in the business of collecting money. [applause] Our goals for safe streets, safe schools and safe neighborhoods can only be realized if our people feel secure in their own homes. It stands to reason that we should be making it easier for families to survive and children to thrive. But as we know, the welfare system as it exists today is part of the problem, not part of the solution. The real victims are the people in the system who can't escape from it. They want to regain independence, they want to be employed, but as they try to, we say, "You can't have child support for your child, you don't get health care anymore." Unfortunately, a system that should lift them out of welfare assistance is bogging them down. The safety net has become a spider web. Last session, with great bipartisan support, we approved two good pilot projects that will help families to make that transition from welfare to the work force. Less than two weeks ago, the federal government agreed to be our partner in that effort by approving our waivers, so now we'll be getting our family transition projects in Alachua and Escambia counties. We're going to help welfare recipients with job training, job placement, child care; and in return their benefits are going to be limited to two years. After that, they will go to work, or they have to show a very compelling reason why they can't. Let's go a step further. I propose that we completely eliminate the spider web of welfare. Let's sunset Aid to Families with Dependent Children as it exists today within five years. I believe this deadline will keep us on track and let the people of Florida know that we're serious about this reform. To do that, we need to design a lifeline of services that provide individuals with the help that they need in the short term to stand on their own in the long term. This lifeline should provide access to prenatal care for every woman bringing a child into this world and give every newborn baby a good beginning. The dollar spent on Healthy Start programs to reach another 30,000 mothers and their babies is a very smart dollar. Healthy Start is one of our greatest success stories. It's already saved us nearly 15 million dollars and countless lives. [applause] And with our help, these local coalitions can meet every child in Florida. 6 JOURNAL OF THE HOUSE Our lifeline continues with additional pre-kindergarten programs so that every child enters school ready to learn. It includes 71 additional full- service schools to provide all of the essential services that students and their families need together in one spot at the school. The lifeline that nurtures Florida's first healthy generation should also reach to our elders. We have secured the necessary waivers from Washington that will allow us to use Medicaid money to fund long-term community care. We can do this at a fraction of the cost of nursing home care. We could have used the money before for the nursing home care. Now they're going to give us the opportunity to use it for community care, that care to keep people in their homes with their families. [applause] Very few public choices are so clearly defined, and I urge you to move swiftly to make this program a reality for our seniors. In 1993, we built the foundation for a more efficient and a less expensive health care system. Let's make 1994 the year that health security becomes a reality for all of our people. We need the cooperation of the federal government. I have told both the Congress and the President it's essential that Florida be given the flexibility in how we spend our current tax dollars. We have shown that from savings that we can achieve, by providing Medicaid under managed care, we can provide low-cost health insurance to more than 1 million of our people. I hear some voices, some voices that I have heard before, last year and the year before that, that are saying we're going too fast, we better slow down, we better take stock to figure out where we are. I don't think any of those voices are part of the 2 million working heads of households or their families that do not have coverage today, who are required to go to the emergency room if they want to have coverage. We can't afford to wait, we need to move now. [applause] While we have reduced the cost of insurance right now, because of the actions that we've taken, the number of our uninsured is still going up. Over the years, Florida has been populated by immigrants from other states as well as other countries. Most come here legally in search of a better life for their families. But there are others, however, whose presence is in clear violation of the laws of our land. I've tried for many years to force the federal government to accept its responsibility in this regard. In failing to enforce our nation's immigration laws, Washington puts a huge burden on the taxpayers of Florida. It's costing our people nearly 1 billion dollars a year to provide illegal immigrants living in our state with health care, housing, education, and in some cases incarceration. I made it clear to the federal government last week we've had enough. We know we're right and we'll go to court to affirm our rights. [applause] For three years now, we've been working to improve Florida's environmental quality of life. We've committed to our successful preservation programs: P-2000, CARL, and SWIM. And we want a 100- mile buffer zone around all of Florida to protect our precious resources from offshore oil and gas development. These programs are not impediments to our economic development efforts; they're a vital part of it. How can we help Florida's communities overcome the devastating economic impact of what is now going to be a new round of defense cuts and closures? The real challenge as we take up this session is to preserve jobs for our military and our civilian population. So we're asking you to approve additional incentives for businesses to relocate in Florida, but also to assist any defense-related business to convert its operation to private sector economy. It's a cost-effective, time-tested method for keeping us to have high-value jobs for our state. We all know that this session is going to be dominated by crime. It is a year that is divisible by four. It's an election year. I'm running. Most of you are running. We can spend our time and the people's money by engaging in demagoguery or posturing, or we can come together and work hard to produce answers that will help us unravel the tangle of violence which grips our state. I've talked about tough, honest solutions. I will join you in being tough. I ask you to join me in seeking honest answers. There are answers for punishment. We know that we have to have certainty, not empty threats. And there are preventative programs that are working in our communities and in our neighborhoods and in our schools. We need to partner with them. The First Lady and I have been going around the state in the last six weeks, and all of our communities are meeting and working on this I E OF REPRESENTATIVES February 8, 1994 program. I'm amazed at the amount of effort that is going on. This in not something that just you and I are thinking about, and each of them have part of the answer. Fifth graders in North County Elementary School in Opa Locka are participating in a program called "Anger Busters." They are learning how to properly express themselves when they get mad or upset. You know, a lot of these kids that are committing these crimes, no one ever told them that there was some kind of other way. In this school, about four children a day used to be sent to the principal's office for behavior problems. Since they've had this program, only four have been sent in total. There are no guns picked up in that school. In Kissimmee, I met Amanda Titus, a teenager who was getting off in the wrong direction. She was turned around with the help of her peers in a wonderful program called "Teen Court." I visited and watched the "Teen Court." The only adult there is the judge, and the judge told me afterwards-who was a circuit judge-the kids were much tougher on the other kids than they would ever be as they went into their first kind of problems. Amanda is now a prosecutor and a defender in that program. She's helping to turn other young lives around. That's the kind of preventative programs that are out there that we have to partner with. Amanda is here today, up in the gallery. Amanda, how about you stand up and let us recognize you. [applause] In Broward County, Sheriff Ron Cochran introduced me to some boys and girls that are learning the rewards and responsibilities that come with being a part of a team with a special program run by the Boys and Girls Clubs. Together they proudly march in unison in the uniform of so-called "Devil Dogs." Don't be misled by that name; these kids are all winners, and eight of them are here today with their sheriff and their sponsors. They are 11 to 16 years of age. They had to earn points to be able to get these uniforms. Devil Dogs are one of the answers to crime. They've learned how to salute. I ask you to join me in saluting the Devil Dogs. [applause] The platoon leader used to be a gang leader. Take a moment before you leave today, talk to these young men and these young women, and you will see that there are answers out there. We know it's not an answer to rob education of the children's lifeline services or education to fund our criminal justice system. We can build the cells this year, but we can't fulfill our five-year commitment to operate those and the other cells that we will need without looking at new revenue sources in the future. Even with the wisdom of Solomon, you and I can't solve this problem in Tallahassee. The family, as you and I knew it, is not there for these kids. Today, it truly takes the whole tribe to raise a child, so we have to call on all Floridians for help. We have to tell them that there is no simple answer; they must be mentors. They must work with these kids. They must help to assure them of a real future. They must let these young people know that there is somebody that cares about them, that somebody will share with them. We don't have all the answers, but we were elected to lead. Let's just do it. [applause] Following his address, Governor Chiles was escorted from the Chamber by the committee. The members of the Supreme Court and the Lieutenant Governor and Cabinet were escorted from the Chamber by the Sergeants at Arms of the Senate and House. On motion by Senator Kirkpatrick, the Joint Session was dissolved at 12:03 p.m., and the Senators were escorted from the Chamber by the Senate Sergeant at Arms. Reconvened The House was called to order by the Speaker at 12:06 p.m. A quorum was present. Speaker's Remarks Speaker Johnson: Last year was a great year for the Florida Legislature. We led the nation with health care reform, we provided the best workers' comp. reform plan in the country and the Florida State Seminoles won the National Championship. [applause] Some Qf you probably heard of the fishing trip that Bobby Bowden and Coach Osborne of the Nebraska Cornhuskers had just prior to the game. There had been a lot of media hype about the pressures and what it would be like to win the National Championship. So Coach Bowden and Coach Osborne decided they would go on a fishing trip so that they could have some time together and take any of the pressure out of that issue. They went fishing over around Lake Seminole. As they were casting along the bank and enjoying the beauty of the North Florida woods, a bear started raging down the hill toward them. Coach Osborne was very excited, not knowing what to do, but Coach Bowden knew exactly what to do. He reached down, grabbed his tennis shoes and started putting them on. And Coach Osborne said, "Well Bobby, why is it you are putting on those tennis shoes? Don't you know that you can't possibly outrun the bear?" Coach Bowden said, "I don't have to outrun the bear, I only have to outrun you." [laughter] When we think about many of the issues that we have closing in on us, there are times that we have to realize that it is our job to stand and fight. The odds appear to be pretty difficult to undertake at times. There are other issues that we have had to contend with, that the Members of this House have shown great courage and great talent. And, I think you have been an example for other states to follow. This year, in addition to the many bills and the issues and the budgets that we will undertake, we are going to do something here in Florida that I think will be a good example for the nation to follow. While some state legislative groups have been advised to send letters to their congressional delegation and demand a hearing, demand an audience, here in Florida our congressional delegation is coming to see us on a special day that will be set aside for discussions with them on state and federal issues. As we consider immigration policies, and as we look at health care reform and education issues and criminal justice issues and so many of the issues that don't just stop at the state line, then it is important for Florida to be communicating very clearly with its congressional delegation. It's an exciting time for us as a state. Our economy is outperforming the projections. We have the number one position in the nation on creating new jobs. We have much to be thankful for. As we look around the world and see the barriers of trade coming down with the North American Free Trade Agreement and the GATT Agreement, the opportunities for our state should be very bright and promising. And our job will be to make Florida a better place to live. When we ask the veteran Members, out of all the bills that are introduced which ones have to pass, you normally hear one answer, and that's only the appropriations bill. And it will be important for us to develop a good budget. But this year there are at least two bills that we need to add to the list of those that must pass. One will be the criminal justice/juvenile justice package. And we have the task force that so many of you are working on. I think that the only complaints I've heard is that Representative Ritchie is not giving anyone a chance to have any idle time. He has been working them hard and late into the night, and I appreciate the commitment that you're making to develop a good product. Representatives Logan and Martinez are very much involved in leading that effort, in both Democratic and Republican Members there. They are going to be called upon to bring their best ideas to curbing the crime problem in Florida. We must also do a better job to advise Floridians of the progress we've been making over the last several months in this regard, our commitment during the last session and the special sessions that followed. In constructing prison beds and planning new programs and staffing those facilities is an important commitment for curbing that crime problem. We need to look closely at those statistics to see that our policy makes sense in the context with what's happening in the streets of Florida today. We are going to look at a "three strikes and you're out" plan, but we're going to develop it in a way that will not lead to geriatric prisons. When we have inmates in their 60s and 70s and no longer a threat to communities of Florida, we are not going to pay the high cost of incarceration. We are going to look at those that are most violent and those that are committing the most offenses, and that are a threat to your communities and mine, and we are going to lock those people away that are committing violent crimes. And for those juvenile offenders who are committing more serious offenses and heinous crimes, then the punishment should fit the crime. But the comprehensive package that our task force will develop will not just stop on the subject of punishment. It will deal with the comprehensive approach of prevention and punishment. And with our after-school programs, with our plans for jobs and education as well as criminal justice, we think it will be an important and balanced approach for this legislative body and for the state of Florida. 7 We still have much to do in the area of health care. We have heard those stories of elder citizens that have to choose between groceries and medication. And I've had them in my office. I've seen their tears and I've heard their stories. We have heard of young families that have to wait until their children are so sick they have to go to an emergency room in order to receive health care, to receive the services of a doctor. We're not going to end this session without continuing our commitment in that area. [applause] Many of you are aware that a special legislative love of mine has been the area of education. And it is important for us to continue to reduce the size of the Department of Education as we move those decisions out to local government. It's true that this legislative body has said that with accountability that we're not trying to have all the answers in Tallahassee. There was a story that I heard about two friends who were walking in front of the Department of Education building. And one friend asked, "How many people work in that building anyway?" And the other friend said, "About half of them." Now, that's not a fair comment toward the Department of Education; there are many very dedicated men and women there. But their jobs are changing, they are changing in a way that those decisions are moving out to school-based management now. With parental groups being involved there, and if the accountability plan is going to work, we're going to have to see that the size of the department reflects the new responsibility of the new role. As we move toward a plan for safe schools, we'll hear the debate of what's included within that definition. Not just school resource officers, which are going to be an important part of it, but those after-school programs and the physical plant and the idea of how to make those classrooms safe is going to be an important part of our undertaking during the session. We certainly mourn the loss of the school superintendent in Lee County. That tragedy occurred yesterday. We've heard many other tragedies around the state, from classroom teachers to students who have been seriously harmed or killed in our public schools in this state. We're going to have a serious commitment to parental responsibility, and this is going to be part of our education package and a very important element. If our public schools are going to succeed, then parents are going to have to be part of that success. We started last year our commitment to classroom technology; it was a major priority for the House. And as we realize how the workplace is changing and the world is more complex, then our classrooms have to be prepared to deliver a quality education that reflects the change in the marketplace. Our classroom technology issue will again be a goal for our Education Committee and for our Appropriations Committee in the House. Many people are saying that because it is an election year, they might not expect quite as much of this legislative body. I want to tell you that the fact that it is an election year has not diminished my expectations for the men and women who serve in this Chamber. I think it will be a critical year for us. I think that you are very worthy of the challenge that lies ahead, and we have an important start in that process coming up next with the rules change that will be offered by Representative Wallace. How we conduct our personal business is an important reflection on how we view the responsibility of office. But we must always be mindful that our number one mission is to take care of the people's business. And I am convinced that this group of people are prepared to do justice to that demand. Look forward to working with you. Thank you very much. [applause] Thank you. I certainly appreciate the able support of my pro tem., Elaine Bloom, and appreciate my wife, Judi, being with me today. Reports of the Committee on Rules & Calendar The Honorable Bo Johnson Speaker, House of Representatives February 8, 1994 Dear Sir: Your Committee on Rules & Calendar recommends the adoption of the attached amendment to Rule 5.8 of the House of Representatives. A quorum of the Committee was present in person, and a majority of those present agreed to the above Report. Respectfully submitted, Peter R. Wallace, Chairman February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES Rule 5.8 of the Rules of the House of Representatives is amended to read: Statement of Legislative Intent on Amendment to Rule 5.8 5.8-Improper Influence; Solicitation of Campaign Contributions (1) A Member of the House shall accept nothing which reasonably may be construed to improperly influence his official act, decision or vote. (2) A Member of the House shall neither solicit nor accept any campaign contribution during the sixty-day regular legislative session on his own behalf or on behalf of a political party; however, a Member may contribute to his own campaign. Speaker Johnson: In order to consider an amendment to the Rules Committee Report, Rule 15.3 would require that a two-thirds vote of the Members present be offered in order to consider and adopt an amendment to the Rules Committee Report. Rep. De Grandy moved that the rules be waived by the required two- thirds vote to consider and adopt the following amendment. By Representative De Grandy: Amendment 1-Strike all of paragraph (2) of Rule 5.8 and insert: (2) A member of the House may neither solicit nor accept any campaign contribution on his or her behalf for reelection to office, in support of his or her candidacy for any elective office, or on behalf of any political party until after adjournment sine die of the regular session occurring in even-numbered years. REPRESENTATIVE CRADY IN THE CHAIR The question recurred on the adoption of Amendment 1, which failed of adoption by the required two-thirds vote. The vote was: Yeas-51 Albright Armesto-Garcia Arnall Bainter Barreiro Benson Bitner Casey Constantine Couch Crist De Grandy Feeney Nays-63 The Chair Abrams Arnold Ascherl Bloom Boyd Brennan Bronson Brown Bullard Burke Bush Charles Chestnut Clemons Cosgrove Fuller Futch Garcia Gay Hanson Hawkes Hawkins Ireland Jacobs Johnson, Buddy Jones Kerrigan King Davis Dawson Dennis Edwards Eggelletion Feren Geller Glickman Goode Gordon Graber Greene Hafner Healey Hill Kelly Laurent Littlefield Manrique Merchant Morroni Morse Mortham Ogles Posey Pruitt Rojas Safley Sembler Klein Lawson Lippman Logan Long Mackenzie Mackey Martinez McAndrews McClure Miller Minton Mishkin Mitchell Peeples Rayson Shepard Simon Stabins Starks Sublette Thomas Thrasher Valdes Villalobos Warner Webster Wise Ritchie Roberts Rudd Rush Saunders, D. Saunders, R. Schultz Sindler Smith Stafford Tedder Tobin Trammell Upchurch Wallace On motions by Rep. Webster, the rules were waived by the required two- thirds vote and- By Representative Webster: Amendment 2-Insert the following after the words "political party": or on behalf of a candidate for the House of Representatives -was taken up and adopted. THE SPEAKER IN THE CHAIR On motion by Rep. Wallace, the rules were waived and the following questions and answers were ordered spread upon the Journal, in order to establish legislative intent: Rep. Mackenzie: Can a Member raise funds for another candidate? Rep. Wallace:, I want the Members to pay attention, if they would, to the intent statement which is on their desk because in light of the adoption of the amendment by Representative Webster the answer to this question has changed. The answer to it now is as follows: the Member may not raise funds for another candidate to the House of Representatives whether that candidate is a Member of the House or a non-Member candidate for election to the House. Speaker Johnson: Continue. Rep. Mackenzie: Thank you, Mr. Speaker. Mr. Wallace, is there an exception for special elections? Rep. Wallace: No. A Member running for another office to be filled by special election cannot solicit or accept funds during the sixty-day regular session. Rep. Mackenzie: Mr. Wallace, could I be a host for a fund-raising event for a political party? Rep. Wallace: No. Being a host for a fund-raising event for a political party is soliciting or asking for contributions on behalf of the party, which is prohibited by the proposed rule. Rep. Mackenzie: Can I attend a fund-raising event for a political party? Rep. Wallace: Yes. The mere attendance at a fund-raising event for a political party is not a solicitation of funds. Rep. Mackenzie: Can I be a speaker or be honored at a fund-raising event for a political party? Rep. Wallace: Yes. The mere speaking at a fund-raising event for a political party or being honored is not a solicitation of funds. However, the Member should not allow his or her name to be used by a political party in a manner which would suggest that the Member is asking for contributions on behalf of the party. Rep. Mackenzie: Can I sell tickets to a fund-raising event for a political party? Rep. Wallace: No. This is soliciting funds for a political party which is prohibited during the sixty-day regular session. Rep. Mackenzie: Does this rule apply to all candidates? Rep. Wallace: No. This is a rule of the House of Representatives. It only applies to Members of the House. The Florida Supreme Court in the Dodd decision suggested that a rule which applied only to House Members would be constitutionally permissible if narrowly tailored. Rep. Mackenzie: Would this rule prohibit a political party from raising money during session? Rep. Wallace: No. The rule only applies to Members of the House. A political party is restricted by this rule only to the extent that Members may not solicit or accept contributions on behalf of the political party during the sixty-day regular session. Rep. Mackenzie: Can my campaign treasurer or another person solicit or accept contributions on my behalf during session? Rep. Wallace: No. No one representing the Member may solicit or accept campaign contributions for the Member's own campaign. This includes any person employed by or authorized by you. You may not ask someone, including another Member or your House staff, to solicit on your behalf. On the other hand, organizations which you do not control are not bound by the House Rule. Rep. Mackenzie: Some Members have asked about soliciting money for ballot initiatives or soliciting money for charitable purposes. Is this prohibited by the rule? Rep. Wallace: No. This rule only prohibits soliciting or accepting contributions for the Member's own campaign or for a political party. Rep. Mackenzie: It has come to my attention that several Members, both Republicans and Democrats, have accepted campaign contributions as late as yesterday. What happens to those contributions? February 8, 1994 8 JOURNAL OF THE HOUSE OF REPRESENTATIVES Rep. Wallace: Under the rule, the Members may keep the contributions which were accepted yesterday. Section 106.05, Florida Statutes, gives the Member five days to deposit those contributions into a campaign account. Rep. Mackenzie: Again, several Members have expressed concern to me about whether or not, under the rule, they may ask persons for their support during their campaign. What exactly does it mean to solicit a contribution? Rep. Wallace: The proposed rule does not prohibit a Member from asking persons to support the Member's campaign. For instance, the Member may ask for endorsements. The rule does prohibit the Member from asking for contributions for the campaign during the regular legislative session. Rep. Mackenzie: Several Members have mentioned that they are going to be a speaker or an honoree at a party event which has already been scheduled and the tickets or the invitations have already been printed using the Member's name. Is the Member going to be in violation of the rule? Rep. Wallace: What a Member has already done prior to the adoption of this rule cannot form the basis for a violation of the rule which we are adopting today. Rep. Mackenzie: Will a relative of the Member be able to give money to the Member during session? Rep. Wallace: A relative may not give a contribution during session. A gift which is intended to be used in the campaign would also constitute a campaign contribution and would therefore also be prohibited. Of course, gifts from relatives which are not campaign-related are not regulated by the Florida law or this rule. On motion by Rep. Wallace, the above report, as amended, was adopted. The vote was: Yeas-111 The Chair Abrams Armesto-Garcia Amall Arnold Ascherl Bainter Barreiro Benson Bitner Bloom Boyd Brennan Bronson Brown Bullard Burke Bush Casey Charles Chestnut Clemons Constantine Cosgrove Crady Crist Davis Dawson Nays-6 Hanson Hawkes De Grandy Dennis Edwards Eggelletion Feeney Feren Fuller Futch Garcia Gay Geller Glickman Goode Gordon Graber Greene Hafner Harris Hawkins Healey Hill Ireland Jacobs Johnson, Buddy Jones Kelly Kerrigan Klein King Pruitt Laurent Lawson Lippman Littlefield Logan Long Mackenzie Mackey Manrique Martinez McAndrews McClure McMahan Merchant Miller Minton Mishkin Mitchell Morroni Morse Mortham Ogles Peeples Posey Rayson Reddick Ritchie Roberts Thrasher Rojas Rudd Rush Safley Sanderson Saunders, D. Saunders, R. Schultz Sembler Shepard Simon Sindler Smith Stabins Stafford Starks Sublette Tedder Thomas Tobin Trammell Upchurch Valdes Villalobos Wallace Warner Webster Wise Votes after roll call: Yeas-Albright Trust Fund Calendar Procedure The Honorable Bo Johnson Speaker, House of Representatives Dear Sir: February 8, 1994 In accordance with the vote of the House, the following report is submitted, which outlines a procedure for floor action on the Trust Fund Calendar. Bills to be considered on the Trust Fund Calendar will be noticed and published by Tuesday, February 8, 1994. Only bills which re-enact trust funds will be included. Any member may object to a bill on the Trust Fund Calendar. Objections to any bill proposed for the Trust Fund Calendar must be filed on House Form H-102 (1994) with the Committee on Rules and Calendar by 5:00 p.m. Thursday, February 10, 1994. Any member may withdraw an objection to any bill by submitting a letter to the Chairman, Committee on Rules and Calendar, with a copy to the sponsor of the bill by 5:00 p.m. Friday, February 11, 1994. Any bill still carrying an objection as of 5:00 p.m. Friday, February 11, 1994, shall be removed from the proposed Trust Fund Calendar. Bills removed from the Trust Fund Calendar for any reason will be retained on the Special Order Calendar for the same day and will be taken up and voted upon separately after concluding the Trust Fund Calendar. Bills to which amendments are offered will be considered separately. The Trust Fund Calendar will be considered on Tuesday, February 15, 1994. The Chairman of the Appropriations Committee will give a summary of the bills and answer any questions about any of the bills prior to actual consideration of the bills. Each bill will be taken up and read twice without a waiver of the rules and without further explanation. A Senate companion on the House Calendar may be substituted in accordance with Rule 7.11. One vote will be taken for all the bills on the Trust Fund Calendar. Any member may vote "no" on any particular bill by submitting a Trust Fund Bills Nay Vote Form H-101 (1994) to the Clerk. Rule 8.10 will be waived and the bills will be passed, and immediately certified to the Senate. Forms for the trust fund process may be obtained in the Clerk's Office or at the service desk in the Chamber. TIME SCHEDULE Tuesday, February 8, 1994 Thursday, February 10, 1994 by 5:00 p.m. Friday, February 11, 1994 by 5:00 p.m. Tuesday, February 15, 1994 Proposed Trust Fund Calendar published Deadline for filing objections Deadline for withdrawing objections Consideration of the Trust Fund Calendar Respectfully submitted, Peter R. Wallace, Chairman On motion by Rep. Wallace, the above report was adopted. Motions Relating to Committee References On motion by Rep. Abrams, agreed to by two-thirds vote, HB 725 was withdrawn from further consideration of the House. On motion by Rep. Tobin, Chair, agreed to by two-thirds vote, HB 169 was taken from the Calendar and referred to the Committee on Business & Professional Regulation. On motion by Reps. Martinez and Klein, agreed to by two-thirds vote, CS/HB 241 was withdrawn from' further consideration of the House. On motion by Rep. De Grandy, agreed to by two-thirds vote, HB 119 was withdrawn from further consideration of the House. On motion by Rep. Warner, agreed to by two-thirds vote, HB 339 was withdrawn from further consideration of the House. Motion to Recess Rep. Wallace moved that the House stand in recess for the purpose of holding committee meetings and conducting other House business, to reconvene at 1:30 p.m., Tuesday, February 15. The motion was agreed to. February 8, 1994 9 JOURNAL OF THE HOUSE OF REPRESENTATIVES Introduction and Reference By Representatives Gordon, Bloom, Tobin, Greene, Feren, Jacobs, Chestnut, Brennan, Abrams, McAndrews, Klein, Dawson, Peeples, Lawson, Logan, Bullard, Rayson, Mishkin and Jones- HB 1-A bill to be entitled An act relating to universal access to health care; providing legislative intent; providing definitions; creating the Florida Universal Health Access Plan; establishing the Florida Universal Health Access and Cost Containment Commission; providing commission responsibilities; providing for the appointment and responsibilities of an executive director; providing for implementation and administration of the plan; creating the Florida Universal Health Access Trust Fund; establishing Florida Universal Health Access Trust Fund accounts; establishing a Health Professional Education and Training Fund; providing eligibility for health benefits under the plan; providing for covered and noncovered health services; providing access to participating providers; providing for reimbursement; providing for revenues; instructing the Agency for Health Care Administration to seek waivers; providing reporting requirements; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care, Finance & Taxation and Appropriations. By Representatives Gordon, Jacobs, Tobin, Feren, Greene, Bloom, Brown, Mishkin, Casey, Sanderson, Merchant, Chestnut, Graber, Jones, Brennan, Eggelletion, Peeples, Rush, Sembler, Geller, Mackenzie, Charles, Roberts, Schultz, Glickman, Ritchie, Bullard and Hanson- HB 3-A bill to be entitled An act relating to unlawful activity in or near medical facilities; creating s. 870.08, F.S.; providing findings and intent; establishing medical facility access zones; providing definitions and criminal acts and penalties for interference with access to medical facilities; providing enhanced penalties for repeat violations; providing for civil and administrative penalties and damages; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Hawkes- HB 5-A bill to be entitled An act relating to the Florida Public Service Commission; amending s. 367.081, F.S.; prohibiting the commission from including in a customer's rates or charges certain expenses or returns on investments related to certain property; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Appropriations. By Representative Chestnut- HB 7-A bill to be entitled An act relating to community colleges; amending s. 240.311, F.S.; revising duties of the State Board of Community Colleges relating to the appointment of community college presidents; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education. By Representatives Hawkins and Kerrigan- HCR 9-A concurrent resolution designating Collier County as Purple Martin Capital of Florida. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs. By Representatives Goode and Kerrigan- HB 11-A bill to be entitled An act relating to alcoholic beverages; amending s. 563.06, F.S., relating to malt beverages; deleting requirements of stamp on crown, can bottom, or can lid; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Regulated Industries, Finance & Taxation and Appropriations. By Representatives Albright, Kelly, Mitchell, Eggelletion, Chestnut, Boyd, Smith, Arnall, Hawkes, Gay, Casey, Pruitt, Sembler, Wise, King, R. Saunders, Jones, Thrasher, Kerrigan, Stabins, Fuller, Ogles, Lippman, Roberts, Tobin, Ireland and Littlefield- HB 13-A bill to be entitled An act relating to rhesus monkeys; providing duties and responsibilities of the Department of Natural Resources with respect to managing rhesus monkeys on certain lands; requiring the department to develop a management plan; requiring the chief epidemiologist of the Department of Health and Rehabilitative Services to review the plan; requiring the department to levy a surcharge to pay the cost of managing such monkeys; providing for deposit of such surcharge; preserving certain authority of the Department of Natural Resources and the Florida Game and Fresh Water Fish Commission; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representatives Mishkin, Kerrigan, Chestnut and Jacobs- HB 15-A bill to be entitled An act relating to pharmaceuticals; creating a study commission to examine the need for containing prescription drug prices and the feasibility of establishing a state pharmaceutical products price review board; providing for membership; providing for organization and administration; requiring meetings and public hearings; providing for expert testimony; requiring a report; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care. By Representatives Rojas and Kerrigan- HB 17-A bill to be entitled An act relating to violent crime; amending s. 943.031, F.S.; specifying duties of the Florida Violent Crime Council; amending s. 943.04, F.S.; providing expanded functions for regional violent crime investigation teams; amending s. 943.042, F.S.; revising provisions relating to use of the Violent Crime Investigative Emergency Account within the Department of Law Enforcement Operating Trust Fund; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Cosgrove, De Grandy and Kerrigan- HB 19-A bill to be entitled An act relating to construction contractors; creating s. 489.135, F.S.; providing a definition; declaring contractors to be trustees of certain funds received for certain purposes; specifying uses of such funds; establishing a presumption under certain circumstances; providing a penalty; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Appropriations. By Representatives Gay, Shepard, Kerrigan, McClure, Bloom, Gordon, Sanderson, Hanson, Schultz, Mackenzie, Greene, Jacobs, Bullard, Hawkins, Burke, Brown, Dennis, Merchant and Benson- HB 21-A bill to be entitled An act relating to sexual battery prosecutions; amending s. 794.022, F.S.; providing evidentiary considerations relating to use of a prophylactic device; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice. By Representatives Mortham, Kerrigan, Morroni, Thrasher, Valdes, Armesto-Garcia, Webster, Manrique, Pruitt, King, Buddy Johnson, Arnall, Bitner, Merchant, Barreiro, Crist, Thomas, Geller, Littlefield, Benson, Sembler, Ogles, Laurent, Couch, Casey, Jones, Albright, Futch, Warner, Fuller, Bainter, Hawkes, Morse, Smith, Constantine, Rush, Wise, Sanderson, Feeney, Bronson and Harris- HB 23-A bill to be entitled An act relating to corporate filing fees; amending s. 617.01225 F.S.; exempting certain nonprofit corporations from the supplemental corporate fee; providing an effective date. 10 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce, Finance & Taxation and Appropriations. By Representatives Lippman, Jones, Tobin, Chestnut and Jacobs- HB 25-A bill to be entitled An act relating to the Florida Safety Belt Law; amending s. 316.614, F.S.; eliminating obsolete language; providing for a surcharge for violations; providing for the deposit of the surcharge into the Trauma Services Trust Fund; providing for the use of such funds; deleting language providing for enforcement of the act only as a secondary action; providing that a violation of the act shall result in the assessment of 1 point against the offender's license; amending s. 322.27, F.S.; conforming to the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. HB 27-Withdrawn By Representative Cosgrove- HB 29-A bill to be entitled An act relating to license plates; amending s. 320.06, F.S.; deleting reference to counties on motor vehicle license plates and providing for the inclusion of the words "Sunshine State" on such license plates; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation and Appropriations. By Representatives Ogles, Schultz, Stafford, Thomas, Hawkes, Fuller, Starks and Brown- HB 31-A bill to be entitled An act relating to civil remedies for criminal practices; amending s. 772.102, F.S.; adding to the definition of "criminal activity," for purposes of providing a civil remedy pursuant to ch. 772, F.S., reference to crimes chargeable under ss. 847.0125, 847.0133, 847.0135, 847.0145, and 847.0147, F.S., relating to retail display of materials harmful to minors, showing obscene materials to minors, computer pornography, selling or buying of minors for obscenity purposes, and conducting obscene telephone services; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. HB 33-Withdrawn By Representatives Safley, Reddick, Pruitt, Manrique, Kerrigan, Armesto-Garcia, Bainter, Littlefield, Benson, King, Mortham, De Grandy, Albright, Merchant, Valdes, Laurent, Constantine, Barreiro, Morse, Feeney, Morroni, Arnall, Futch, Jones, Ireland, Sembler, Rojas, Gay, Sublette, Posey, Thrasher, Chestnut, Rush, McClure, Brown and Kelly- HB 35-A bill to be entitled An act relating to educational enhancement; providing for the issuance of Florida educational license plates by the Department of Highway Safety and Motor Vehicles; prescribing duties of the department with respect to such license plates; prescribing fees for such plates; prescribing uses of the proceeds from such license plates in enhancing educational programs; providing for automatic deauthorization of the plates in certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representatives Valdes and Kerrigan- HB 37-A bill to be entitled An act relating to postsecondary education; providing for scholarships to private college or university law schools; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representatives Valdes, Feeney, Hawkes, Fuller, Wise, Arnall, Manrique, Sanderson, Buddy Johnson, Gay, Kerrigan, Couch, Starks, Sembler, Merchant, Barreiro, Bainter, Pruitt, Thomas, Morse, De Grandy and Villalobos- HJR 39-A joint resolution proposing the creation of Section 7 of Article IX of the State Constitution relating to education. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. HB 41-Withdrawn By Representative Manrique- HB 43-A bill to be entitled An act relating to elections; amending s. 99.021, F.S.; requiring a candidate seeking to qualify for nomination or election to public office to provide a written statement that certain fines have been paid; prohibiting the qualification of candidates for whom such fines have not been paid; amending s. 105.031, F.S., relating to qualification of candidates for judicial office, to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections. HB 45-Withdrawn HB 47-Withdrawn By Representatives Stabins, Kerrigan, Sanderson and Feeney- HB 49-A bill to be entitled An act relating to financial responsibility for medical expenses of county and municipal prisoners; amending s. 951.032, F.S.; allowing courts to require repayment of such expenses as a condition of probation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections and Appropriations. By Representatives Warner, Charles and Kerrigan- HB 51-A bill to be entitled An act relating to judgments; creating s. 55.601, F.S.; creating the Uniform Foreign Money-Judgment Recognition Act; creating s. 55.602, F.S.; providing definitions; creating s. 55.603, F.S.; providing for applicability; creating s. 55.604, F.S.; providing for recognition and enforcement of foreign judgments; creating s. 55.605, F.S.; providing grounds for nonrecognition; creating s. 55.606, F.S.; providing for personal jurisdiction; creating s. 55.607, F.S.; providing for stay in case of appeal; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. HB 53-Withdrawn By Representatives Merchant, Hawkes, Hanson, Sanderson and Kerrigan- HB 55-A bill to be entitled An act relating to education; creating the Educational Funding Accountability Act; providing definitions; requiring each school board to classify employees of the school board and the school district according to the employees' duties; providing for classification of school board expenditures; requiring the funds appropriated to the Florida Education Finance Program to be allocated for administrative expenditures and direct-instructional-support expenditures; providing for funds from the Florida Education Finance Program to be allocated to school districts based on the district's ratio of expenditures for administrative expenses and expenditures for direct instructional support; prohibiting a school board from spending more than its allocation for administrative expenses; requiring school boards to report expenditures to the Department of Education; exempting funds received from sources other than the Florida Education Finance Program from the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Valdes and Kerrigan- HB 57-A bill to be entitled An act relating to the membership of statutorily created decisionmaking or regulatory boards, commissions, councils, and committees; providing intent; providing policy with respect to the appointment of members to such bodies to ensure proportionate minority representation; requiring annual reports; requiring retention of certain information regarding applicants and disclosure of such information; providing applicability; providing an effective date. February 8, 1994 11 JOURNAL OF THE HOUSE OF REPRESENTATIVES First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By Representative Kelly- HB 59-A bill to be entitled An act relating to adoption; providing certain rights of birth mothers; requiring that anyone who seeks to arrange an adoption must read certain rights to the child's birth mother and must obtain her signature attesting that she has read and understands her rights; requiring birth mother advocates to be made available; providing for training advocates; requiring a waiting period before a birth mother may consent to adoption; providing procedures to be followed in securing the birth mother's relinquishment of parental rights and agreement to an adoption; allowing the birth mother to waive the waiting period, as specified; providing rights of the birth mother relating to the care of her child during the waiting period; providing a format for the document that sets forth the birth mother's rights; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Benson, Pruitt, Hanson, Sanderson, Feeney, Ogles and Casey- HB 61-A bill to be entitled An act relating to corrections; amending s. 20.315, F.S.; creating the Youth Corrections Authority within the Department of Corrections; providing for an executive director of the authority; providing for the budget of the authority to be independent of the department; deleting the Youth Offender Program Office within the department; amending s. 946.009, F.S., relating to correctional work programs, and reenacting s. 947.16(1)(e), F.S., relating to parole eligibility, to conform; amending s. 958.011, F.S.; redesignating the Florida Youthful Offender Act as the Florida Serious and Chronic Young Offender Act; creating s. 958.022, F.S.; providing legislative policy with respect to serious and chronic young offenders; amending s. 958.03, F.S.; providing definitions; amending s. 958.04, F.S.; providing for judicial disposition of serious and chronic young offenders; amending s. 951.231, F.S., relating to county residential probation programs, and s. 958.11, F.S., relating to youthful offender institutions and programs, to conform; creating s. 958.16, F.S.; limiting eligibility of a serious and chronic young offender or a youthful offender for gain-time, provisional release, or control release; "authorizing the court to recommend a release from incarceration for such offenders upon a recommendation by the Youth Corrections Authority; amending s. 958.19, F.S.; redesignating the Youth Corrections Program as the Serious and Chronic Young Offender Program; repealing s. 958.021, F.S., relating to legislative intent; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections and Appropriations. By Representative Bullard- HB 63-A bill to be entitled An act relating to education; amending s. 232.2462, F.S.; providing student requirements relating to the awarding of credits for full-year courses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Warner, Healey and Kerrigan- HJR 65-A joint resolution proposing an amendment to Section 15 of Article III and the creation of Section 21 of Article XII of the State Constitution relating to terms of members of the House of Representatives. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections. By Representative Dennis- HR 67-A resolution commending Minnie Lee Langley for her courage in escaping from the injustices perpetrated upon her friends and relatives in Rosewood, Florida. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Armesto-Garcia- HB 69-A bill to be entitled An act relating to the regulation of professions; creating the "Freedom of Choice in Medicine Act"; amending s. 455.227, F.S.; prohibiting the discipline of a licensee for the use of nontraditional treatments; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By Representative Armesto-Garcia- HB 71-A bill to be entitled An act relating to simulated bullfighting exhibitions; amending s. 828.121, F.S.; allowing the conduct of simulated bullfighting exhibitions under certain circumstances; amending s. 828.122, 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 Agriculture & Consumer Services. By Representative Gordon- HB 73-A bill to be entitled An act relating to trust funds; creating the Florida Universal Health Access Trust Fund, to be administered by the Florida Universal Health Access and Cost Containment Commission; providing for source of moneys and purposes; providing for future review and termination or recreation of the fund; providing a contingent effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care, Finance & Taxation and Appropriations. By Representative Morse- HB 75-A bill to be entitled An act relating to road designations; designating a portion of S.W. 57th Avenue in Miami as "Mayor General Ignacio Agramonte y Loynaz Roadway"; directing the Department of Transportation to erect suitable markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representatives Constantine, Merchant, Thrasher, Ogles, Bainter, Feeney, Starks, Sindler, Pruitt, Stafford, Charles, Geller, Bitner, Warner, Posey, Kerrigan, Ireland, Couch, Benson, Schultz, Feren, Klein, Jacobs, Sanderson, Hill, Edwards, Littlefield, Fuller, Gay, Stabins, Buddy Johnson, Safley, Valdes, Morroni, Sublette, Albright, Rayson, Jones, King, Crist, Arnall, Davis, Futch, Casey, D. Saunders, Tedder, Laurent, Hawkins, Rudd, Villalobos, De Grandy, Morse, Manrique, Bronson, Upchurch, Minton, McClure, Brown, Hawkes, Webster, Trammell, Thomas, McMahan, R. Saunders, Sembler, Mortham, Healey, Hanson, Goode, Smith, Wise, Crady, Mackey, Mitchell, Barreiro, Armesto-Garcia, Burke, Clemons and Bush- HB 77-A bill to be entitled An act relating to access to local public officials; creating s. 286.0115, F.S.; providing a definition; providing for access to public officials; authorizing certain rules; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs. HB 79-Withdrawn By Representatives Feeney, Valdes, Armesto-Garcia, Sanderson, Pruitt, Wise, Rudd, Bainter, Merchant, Healey, Casey, Crady, D. Saunders, Barreiro, Fuller, Morse, Ogles, Posey, Safley, Thrasher, Hawkes, Sublette, Futch, Kerrigan, Morroni, Hanson, Bullard, Littlefield, Mitchell, Warner, De Grandy, Couch, Charles, Mackey, Greene, Starks and Harris- HB 81-A bill to be entitled An act relating to courses of study and instructional aids; creating s. 233.0655, F.S,; authorizing district school boards to allow teachers and administrators to read or post certain writings, documents, and records related to American history; providing for distribution of the section; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). 12 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee(s) on Education. By Representative Minton- HB 83-A bill to be entitled An act relating to the State of Florida Guardian Ad Litem Program; amending ss. 61.402 and 415.503, F.S.; requiring a security background investigation of certified guardians ad litem; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives R. Saunders and Jacobs- HB 85-A bill to be entitled An act relating to elections; changing the date of the first primary election in 1994; preserving the original schedule of other dates tied to that primary election; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections. HB 87-Withdrawn By Representatives De Grandy, Manrique, Cosgrove, Burke, Kelly, Feren, Feeney, Stafford, Garcia, Gordon, Schultz, Barreiro, Casey, Jacobs, Morroni, Brown, Abrams, Morse, Jones, Kerrigan, Mishkin and Dawson- HB 89-A bill to be entitled An act relating to maternal and child health; creating,s. 383.016, F.S.; providing for a breast-feeding encouragement policy for facilities providing maternity services and newborn infant care and authorizing use of "baby-friendly" designation; amending ss. 383.015,383.011,383.311, and 383.318, F.S., relating to breast feeding, administration of maternal and child health programs, education for birth center clients, and postpartum care for birth center clients, to conform; creating a study commission on access to breast feeding for public sector employees; providing for administration, organization, membership, and staff; providing duties; requiring a final report and recommendations to the Governor and Legislature; providing for a followup study; providing for the expiration of the commission; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. HB 91-Withdrawn By Representatives Futch, Bainter, Roberts, Goode, Posey and Feeney- HB 93-A bill to be entitled An act relating to lewd and lascivious behavior; amending s. 800.04, F.S.; prohibiting eligibility for gain-time for persons convicted of committing a lewd, lascivious, or indecent assault or act upon or in the presence of a minor child; amending s. 775.0877, F.S.; correcting a cross reference, to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections and Appropriations. By Representative Armesto-Garcia- HB 95-A bill to be entitled An act relating to corporate filing fees; amending s. 607.0122, F.S.; revising the filing fee for annual reports of corporations; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce, Finance & Taxation and Appropriations. By Representative Sindler- HB 97-A bill to be entitled An act relating to medical practice; creating s. 458.326, F.S.; authorizing physicians to administer or prescribe controlled substances for the treatment of intractable pain; prohibiting hospitals and other health care facilities from forbidding or restricting such treatment by physicians having staff privileges with such hospital or health care facility; prohibiting disciplinary action by the Board of Medicine for such treatment; prohibiting such treatment for chemically dependent and other substance-abusing persons; providing for revocation or suspension of license under certain circumstances; prohibiting the use of such treatment for mercy killing or euthanasia; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Armesto-Garcia- HR 99-A resolution requesting the House of Representatives to take appropriate action to provide required medical equipment, medicines, and life-saving devices in the House clinic. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representatives McClure, Hawkins, Hanson, Ogles, Brown, Benson, Sindler and Stafford- HB 101-A bill to be entitled An act relating to attorney's fees and costs in certain proceedings relating to juveniles; creating s. 39.017, F.S.; requiring that attorneys to represent parents or legal guardians in proceedings under parts II, III, IV, V, or VI of ch. 39, F.S., be appointed only upon a finding that the parent or legal guardian is indigent under s. 27.52, F.S.; providing for continuing jurisdiction to assess costs and attorney's fees against nonindigent parents and legal guardians; creating a lien on the real and personal property of parents and legal guardians who have had court-appointed attorneys and providing for enforceability of the lien; amending ss. 27.56 and 39.041, F.S., relating to liens for payment of attorney's fees or costs and right to counsel, to conform; reenacting ss. 27.52(2)(d), 27.562, and 948.03(1)(h), F.S., relating to determination of indigency, disposition of funds, and terms and conditions of probation or community control, to incorporate the amendment to s. 27.56, F.S., in references thereto; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. HB 103-SF-Withdrawn By Representative Armesto-Garcia- HR 105-A resolution urging the Florida Supreme Court to adopt an amendment to the rules regulating The Florida Bar, requiring that admission decisions be made public. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representatives Chestnut and Jacobs- HB 107-A bill to be entitled An act relating to postsecondary education; amending s. 240.2605, F.S.; revising provisions relating to the Trust Fund for Major Gifts; providing purpose; providing Board of Regents' duties; providing for matching donations; providing for university accounts; providing prohibited uses; amending s. 240.2601, F.S.; revising provisions relating to funding requirements for the State University System Facility Enhancement Challenge Grant Program; authorizing matching of donations of land or facilities according to certain criteria; repealing ss. 240.257 and 240.259, F.S., relating to the Florida Endowment Trust Fund for Eminent Scholars Act and the Trust Fund for New Donors; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representatives Mitchell and King- HB 109-A bill to be entitled An act relating to boating; creating the Florida Boaters' Bill of Rights; creating s. 327.801, F.S.; providing legislative intent and purpose; creating s. 327.802, F.S.; providing definitions; creating s. 327.803, F.S.; creating the Florida Boating Advisory Council; creating s. 327.804, F.S.; providing for notice of proposed rule development; creating s. 327.805, F.S.; providing for notice of proposed rule; creating s. 327.806, F.S.; providing requirements with respect to final rules; creating s. 327.807, F.S.; providing for administrative review; creating s. 327.808, F.S.; providing for judicial review; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. HB 111-Withdrawn February 8, 1994 13 14 JOURNAL OF THE HOUSE By Representatives De Grandy and Bainter- HJR 113-A joint resolution proposing an amendment to Section 17 of Article I of the State Constitution relating to excessive punishments. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. HB 115-Withdrawn By Representative Rudd- HB 117-A bill to be entitled An act relating to witness fees; amending s. 92.142, F.S.; providing that witnesses in all cases, civil and criminal, in all courts, and witnesses summoned before any arbitrator or master in chancery shall be entitled to per diem and travel expenses at the same rate provided for state employees; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative De Grandy- HB 119-A bill to be entitled An act relating to contracts in restraint of trade; amending s. 542.33, F.S.; revising provisions relating to covenants not to compete; providing conditions of enforceability and nonenforceability; providing for injunctive relief and limited damages; providing for attorney's fees and costs for defending unenforceable agreements; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Gordon- HB 121-A bill to be entitled An act relating to human immunodeficiency virus; amending s. 240.2097, F.S.; requiring state universities to create an AIDS awareness program; amending s. 240.3192, F.S.; requiring community colleges to create an AIDS awareness program; amending s. 381.0035, F.S.; requiring certain AIDS education courses to include information on protocols and procedures; amending s. 381.0039, F.S.; including the Department of Corrections in an interagency AIDS education oversight agreement; requiring establishment of an interagency committee to develop a curriculum for AIDS education programs; amending s. 381.004, F.S.; permitting personnel working with developmentally disabled persons to have access to HIV test results; directing the Department of Health and Rehabilitative Services to develop a protocol for routinely offering HIV testing; amending s. 384.25, F.S.; requiring certain reporting by laboratories and physicians; requiring all physicians to inform HIV positive patients about assistance with partner notification; amending s. 455.2224, F.S.; requiring professional boards to incorporate the recommendations of the State Health Officer with respect to HIV and hepatitis B infection; amending s. 455.2226, F.S.; requiring certain AIDS education courses to include information on protocols and procedures; amending s. 627.411, F.S.; requiring insurance forms to state Florida's policy with regard to insurance coverage for AIDS; amending s. 627.429, F.S.; prohibiting insurers from disclosing whether a person has refused testing, been tested, or refused to release test results for HIV; providing exceptions; amending s. 760.50, F.S.; clarifying provisions relating to discrimination on the basis of HIV infection; revising provisions with respect to right of action for violations; authorizing the State Health Officer to establish a clean needle and syringe exchange demonstration project; requiring a report; creating a prostitution study task force; providing membership and duties; requiring a report; requiring certain retail establishments to sell latex condoms; requiring the Department of Health and Rehabilitative Services to promote the availability of condoms in public restrooms; requiring a report; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representatives Ireland and Schultz- HB 123-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.0515, F.S.; adding to the Special Risk Class of membership certain emergency medical technicians and paramedics; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). 1 E OF REPRESENTATIVES February 8, 1994 Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representatives Bainter, Fuller, Mackey, Charles, Thomas, Sanderson, Kerrigan, Lippman, Hanson, Laurent, Hawkins, Thrasher, Littlefield, Smith, Casey, Villalobos, Jones, Martinez, Constantine, Buddy Johnson, Safley, Mitchell, Starks, Posey, Hawkes, Pruitt, Arnall, Morroni, Mortham, Roberts, Ascherl, De Grandy, Wise, Sublette, King, Feeney, Rayson, Gay, Manrique, Barreiro, Bitner, Armesto-Garcia, Ogles, Geller, Arnold, Merchant, Futch, Crist, Stabins, Stafford, Bronson, Webster, Couch, Davis, Valdes, Warner, Klein, Rudd, McClure, Cosgrove, Albright, Benson, Minton, Trammell, Mishkin, Tedder, Boyd and Rush- HB 125-A bill to be entitled An act relating to executions; amending s. 922.09, F.S., providing for continued effect of death warrants; amending s. 922.06, F.S.; prescribing a period in which the date of execution of a death sentence shall be set following dissolution of a stay of the sentence; amending s. 922.07, F.S.; requiring the Governor to notify the Attorney General when he lifts a stay of execution where the convicted person has been found to have the mental capacity to understand the nature of the death penalty and why it is imposed upon him; amending s. 922.08, F.S.; requiring the Governor to notify the Attorney General when he lifts a stay of execution for pregnancy; amending s. 922.11, F.S.; requiring the appropriate medical examiner to determine cause of death following an execution and to maintain certain records; amending s. 922.12, F.S.; providing that the warrant shall be returned to the Secretary of State rather than the Governor following execution; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Rayson, Klein, McAndrews, Schultz, Feren, Brennan and Jacobs- HB 127-A bill to be entitled An act relating to education; amending s. 230.23, F.S., relating to powers and duties of school boards; prohibiting the use of corporal punishment; amending s. 232.27, F.S., relating to authority of teachers; prohibiting the use of corporal punishment; providing exceptions; providing penalties for violations; providing for the adoption of rules; amending ss. 228.041 and 231.085, F.S., to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education. By Representatives Rayson and Brennan- HB 129-A bill to be entitled An act relating to firefighters and paramedics; creating s. 112.183, F.S.; providing that death or disability due to cancer suffered by a firefighter or paramedic employed by the state or its political subdivisions is presumed accidental and suffered in the line of duty under certain conditions; authorizing purchase of insurance by local governments; providing criteria for physical exams for firefighters and paramedics; requiring employing agency to keep records and notify firefighters and paramedics of their reported exposure to known carcinogens; providing that firefighters and paramedics employed on the effective date of the act need not comply with physical examination requirements; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representatives Bainter and Feeney- HB 131-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.021, F.S.; redefining the term "creditable service" to exclude service as a part-time elected official; amending s. 121.052, F.S.; deleting reference to part-time elected officials from the membership class of elected state and county officers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representative Valdes- JOURNAL OF THE HOUSI HR 133-A resolution recognizing the extraordinary accomplishments and distinguished career of Fernando Figueredo Socarras. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By the Select Committee on Agency Rules; Representative Mackey- HB 135-A bill to be entitled An act relating to administrative procedures; amending s. 120.54, F.S.; revising language with respect to the impact of a proposed adoption, amendment, or repeal of a rule with respect to small business and small counties; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By Representative Brennan- HB 137-A bill to be entitled An act relating to advance directives for health care; amending s. 744.3115, F.S.; providing for court orders to modify or revoke certain authority of a surrogate; amending s. 744.345, F.S.; revising authority of guardians; amending s. 765.101, F.S.; revising definitions; amending s. 765.105, F.S.; providing additional grounds for review of a surrogate or proxy's decision; amending s. 765.106, F.S.; expanding preservation of rights; amending s. 765.110, F.S.; correcting a reference; amending s. 765.202, F.S.; modifying procedure for designating a health care surrogate and condition for seeking appointment of a proxy; amending s. 765.205, F.S., relating to respective responsibilities of surrogate and guardian; amending s. 765.304, F.S.; authorizing the attending physician to proceed according to a living will when a surrogate has not been designated; providing procedures with regard to disputed decisions to withhold or withdraw life-prolonging procedures; amending s. 765.308, F.S.; providing procedure when a health care facility refuses to comply with the patient's wishes; amending s. 765.401, F.S.; providing that designation of a proxy does not preempt certain statutory designations relating to consent to medical treatment of minors; repealing s. 744.3215(4)(f), F.S., relating to rights of persons determined incapacitated; repealing s. 765.111, F.S., relating to effect of state and federal constitutions; repealing s. 765.306(2), F.S., relating to a rebuttable presumption in determination of a patient's condition; repealing s. 765.307, F.S., relating to do-not-resuscitate orders; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care. By Representative Miller- HB 139-A bill to be entitled An act relating to adoption; creating s. 63.075, F.S.; providing a procedure for adoption in the case of an unwed mother; providing for consent; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative Gordon- HB 141-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 violations of s. 794.011, F.S., in certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Bainter- HB 143-A bill to be entitled An act relating to criminal penalties; creating s. 775.0844, F.S.; requiring mandatory minimum life imprisonment upon the third conviction for any offense for which the habitual violent felony offender criteria as described in s. 775.084(1)(b), F.S., is met; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Bainter and Feeney- HJR 145-A joint resolution proposing the creation of Section 19 of Article VII of the State Constitution relating to membership of taxing authorities. February 8, 1994 E OF REPRESENTATIVES 15 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections and Finance & Taxation. By Representatives Warner, Armesto-Garcia and Hanson- HJR 147-A joint resolution proposing an amendment to Section 6 of Article VII and the creation of Section 21 of Article XII of the State Constitution relating to homestead exemption. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. HB 149-SF-Withdrawn HJR 151-Withdrawn HB 153-Withdrawn By Representative Tobin- HB 155-A bill to be entitled An act relating to public records; creating s. 162.14, F.S., and amending s. 162.21, F.S.; providing an exemption from public records requirements for home addresses and telephone numbers of local government code inspectors and code enforcement officers; providing for review and repeal; providing a statement of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations. By Representative Mitchell- HB 157-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.021, F.S.; redefining the term "creditable service"; creating s. 121.1115, F.S.; providing for the purchase, by certain members of the system, of creditable service for periods of employment as public school teachers in other states, subject to certain limitations and upon meeting certain conditions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representative Smith- HB 159-A bill to be entitled An act relating to ad valorem taxation; amending s. 196.199, F.S.; providing that property of a municipality used for the generation, transmission, or distribution of electric power for sale and located outside the county in which the municipality is located shall be subject to ad valorem taxation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Taxation and Appropriations. By Representatives Minton, Rudd, Kelly and Rayson- HB 161-A bill to be entitled An act relating to the purchase of state lands; providing that real property purchased by the state may only be purchased under certain circumstances; providing legislative intent; encouraging the multiple use of such lands for the benefit of the public; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By Representative Minton- HB 163-A bill to be entitled An act relating to transportation; creating s. 338.252, F.S.; providing for the disposition of excess revenues from tolls for local uses; providing a limitation on the use of such revenues; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. 16 JOURNAL OF THE HOUSE By Representatives Warner and Hanson- HB 165-A bill to be entitled An act relating to young criminal offenders; amending s. 39.01, F.S.; revising the definition of "child" and "serious habitual juvenile offender" to mean persons under the age of 16 years for purposes of part II of ch. 39, F.S., relating to delinquency; revising ss. 39.047, 39.052, 39.057, and 39.062, F.S., relating to intake and case management, hearings, boot camps for children, and transfer of children, to conform; amending ch. 958, F.S.; creating the "Youthful Offender Act of 1994"; providing legislative intent; providing definitions; providing sentencing criteria and judicial disposition procedure; providing for suspension of sentence by the court; providing for presentence reports; authorizing extension of limits of confinement in specified circumstances; providing for designation of institutions and programs and for assignment of youthful offenders; providing for certain required participation in activities; providing for sealing, expunction, and dissemination of records; providing penalties for violation of probation or community control; authorizing mutual participation agreements; amending s. 958.19, F.S., relating to the youth corrections program, to conform to the Youthful Offender Act of 1994; amending as. 947.16, 794.011, 817.564, 893.13, and 893.147, F.S., relating to parole eligibility, sexual battery, imitation controlled substances, controlled substance violations, and drug paraphernalia, to conform; amending s. 316.635, F.S.; providing that for purposes of traffic violations involving criminal offenses, "minor" means a child under the age of 16; amending ss. 322.055 and 322.056, F.S., relating to revocation, suspension, or delay of driver licenses, to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Goode and Futch- HB 167-A bill to be entitled An act relating to road designations; designating a portion of Highway U.S. 1 in Brevard County as the "Johnson Grogan Highway"; directing the Department of Transportation to erect suitable markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representatives Mackenzie, Hanson and Feeney- HB 169-A bill to be entitled An act relating to the Florida Public Service Commission; creating s. 350.0606, F.S.; providing that each member of the commission and each applicant for membership on the commission shall file a full and public disclosure of financial interests in the same manner as is required of elected constitutional officers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections. HB 171-Withdrawn By Representatives Jacobs, Hanson and Greene- HB 173-A bill to be entitled An act relating to motor vehicle registration; amending s. 320.055, F.S.; providing for staggered renewal dates for renewal of motor vehicle registrations for certain motor vehicles for hire; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Graber- HB 175-A bill to be entitled An act relating to load management control devices; amending s. 553.79, F.S.; requiring permits to be obtained and fees to be paid for the installation, replacement, removal, or metering of a load management control device; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. I] E OF REPRESENTATIVES February 8, 1994 By Representatives Ogles and Kerrigan- HB 177-A bill to be entitled An act relating to probation and community control; amending s. 948.09, F.S.; assessing felony offenders a monthly surcharge on costs of specified supervision programs; authorizing the Department of Corrections to use surcharge moneys to pay for correctional probation officers' training and equipment; providing for applicability; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections, Finance & Taxation and Appropriations. By Representative Ogles- HB 179-A bill to be entitled An act relating to motor vehicle license plates; providing for the issuance of Florida arts license plates; providing for fees and for the deposit and use of such fees; providing for deauthorization based on sales; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. HB 181-Withdrawn HB 183-Withdrawn By Representative Jacobs- HB 185-A bill to be entitled An act relating to the Florida Clean Indoor Air Act; amending s. 386.203, F.S.; redefining the term "public place" to include all restaurants; amending s. 386.205, F.S.; prohibiting the designation of smoking areas in restaurants; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care. HB 187-Withdrawn By Representatives Mortham, Armesto-Garcia, Casey, Morroni, Wise, Posey, Starks, Jones, Buddy Johnson, Fuller, Bainter, Feeney and Kerrigan- HB 189-A bill to be entitled An act relating to public meetings; amending s. 286.011, F.S., which requires that meetings of a board or commission of any state or local agency at which official acts are to be taken must be open to the public, provides requirements with respect thereto, and provides for enforcement; providing that said section applies to meetings held outside the state; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations. By Representatives Mortham, Armesto-Garcia, Casey, King, Wise, Buddy Johnson, Littlefield, Posey, Starks, Jones, Thrasher, Fuller, Bainter, Hanson and Kerrigan- HB 191-A bill to be entitled An act relating to the Policy Analysis and Agency Review Trust Fund; creating s. 11.515, F.S.; creating the trust fund, to be administered by the director of the Office of Policy Analysis and Agency Review; providing for use of the fund; providing for deposit of a portion of general revenue funds therein; providing for termination and review of the fund; providing a contingent effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations, Finance & Taxation and Appropriations. By Representatives Mortham, De Grandy, Valdes, King, Safley, Jones, Webster, Starks, Feeney, Buddy Johnson, Armesto-Garcia, Fuller, Bainter and Kerrigan- HB 193-A bill to be entitled An act relating to the district school system; amending s. 230.232, F.S.; revising provisions relating to pupil enrollment; providing for application procedures; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee(s) on Education and Appropriations. By Representatives Mortham, Bo Johnson, King, De Grandy, Armesto- Garcia, Posey, Jones, Buddy Johnson, Manrique, Morroni, Littlefield, Starks, Thrasher, Fuller, Ogles, Bainter, Arnall, Hanson and Feeney- HM 195-A memorial to the Congress of the United States urging it to adopt legislation to end the practice of imposing unfunded federal mandates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Appropriations. By Representatives R. Saunders and Jacobs- HB 197-A bill to be entitled An act relating to criminal justice; creating the "High Noon Act of 1994"; amending s. 782.04, F.S.; expanding the elements of murder in the second degree; amending s. 790.10, F.S.; revising language and increasing penalties for unlawful display or exhibition of dangerous weapons or firearms; amending s. 790.115, F.S.; revising language and increasing penalties for unlawful displaying, possessing, or discharging weapons or firearms on school property; amending s. 790.15, F.S.; expanding elements and increasing penalties for discharging firearms over public ways or occupied premises; amending s. 790.151, F.S.; increasing penalties for using firearms while under the influence; amending s. 790.16, F.S.; expanding elements and increasing penalties for discharging machine guns over public ways and shooting or discharging firearms or machine guns in public places; amending s. 790.17, F.S.; revising language and providing penalties for furnishing weapons or firearms to minors or persons of unsound mind; amending s. 790.174, F.S.; revising elements of the safe storage of firearms requirement; amending s. 790.175, F.S.; revising elements and increasing penalties relating to required warnings upon transfer or sale of firearms; amending s. 790.18, F.S.; revising elements and increasing penalties for selling arms to minors by dealers; amending s. 790.19, F.S.; revising elements and increasing penalties for shooting or throwing into dwellings, buildings, vehicles, or other conveyances; amending s. 790.22, F.S.; revising elements and increasing penalties relating to use and possession of weapons and firearms by minors, and authorizing seizure; amending s. 921.0016, F.S.; adding an aggravating circumstance for purposes of departure sentences from recommended guidelines sentences; amending s. 921.141, F.S.; adding an aggravating circumstance for purposes of capital felony sentencing; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Brown- HB 199-A bill to be entitled An act relating to delinquent tax payments; amending s. 213.67, F.S.; directing the Department of Revenue to submit information relating to delinquent taxpayers to the Comptroller; authorizing the Comptroller to withhold payment to such persons or businesses providing commodities or services to the state, leasing real property to the state, or constructing public buildings or public works for the state; authorizing the department to levy upon such withheld payments; providing for suspension of the provisions of s. 215.422, F.S.; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Smith- HB 201-A bill to be entitled An act relating to highway safety and motor vehicles; amending s. 319.14, F.S.; revising language with respect to motor vehicle titles, including reference to "nonconforming vehicles"; amending s. 319.231, F.S.; revising language with respect to exceptions to an additional fee imposed on certain motor vehicle title or registration-only transactions; amending s. 319.25, F.S.; deleting language with respect to lists and searches and fees with respect to cancellation of certificates of title; amending s. 320.02, F.S.; authorizing license inspectors to issue notice of violations; providing penalties; amending s. 320.05, F.S.; providing for lists and searches and fees with respect to certain documents; repealing s. 316.71, F.S., relating to the suspension or delay of specified functions and requirements, and the imposition of specified fees relating to highway safety and motor vehicles; repealing s. 320.866, F.S., relating to the collection of fees for lists of licensed dealers and manufacturers; amending s. 320.06, F.S.; providing for replacement of registration license plates every 10 years; conforming fee structure; revising language with respect to the form of certain registration license plates; amending s. 320.0605, F.S., relating to certificate of registration; revising period of applicability; creating s. 320.0657, F.S.; providing for permanent registration and for fleet license plates; amending s. 320.08, F.S.; revising language with respect to license taxes on heavy trucks and truck tractors; creating s. 320.08035, F.S.; providing for reduced dimension license plates for certain disabled persons; amending s. 320.0805, F.S.; providing for personalized prestige license plates for lessees of motor vehicles; amending s. 320.08065, F.S.; revising language with respect to Florida panther license plates; amending s. 320.08066, F.S.; revising language with respect to manatee license plates; amending s. 320.0808, F.S.; providing for the issuance of Challenger license plates to lessees; amending s. 320.0809, F.S.; providing for the issuance of collegiate license plates to lessees; amending s. 320.083, F.S.; providing that certain license plates available to amateur radio operators shall be available for lessees of motor vehicles; amending s. 320.089, F.S.; authorizing lessees to receive certain license plates; amending s. 320.0895, F.S.; revising language with respect to Florida Salutes Veterans license plates; amending s. 320.0896, F.S.; providing for the issuance of special olympics license plates to lessees; amending s. 320.1325, F.S.; prohibiting the issuance of temporarily employed registration plates to any commercial motor vehicle; providing for the issuance to lessees; amending s. 320.18, F.S.; providing language with respect to the canceling of registration; amending s. 320.27, F.S.; redefining the term "motor vehicle dealer"; amending ss. 320.8231 and 320.824, F.S.; correcting cross references; amending s. 320.8285, F.S.; revising language with respect to onsite inspection; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. HB 203-Withdrawn By Representative Mishkin- HB 205-A bill to be entitled An act relating to the Department of Highway Safety and Motor Vehicles; repealing s. 321.04(4), F.S., relating to mandatory retirement at age 62 for members of the Division of the Florida Highway Patrol; providing for retroactive application; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representatives Albright, Trammell and Hanson- HB 207-A bill to be entitled An act relating to juvenile offenders; amending s. 39.039, F.S.; revising provisions relating to fingerprinting and photographing; requiring retention and transmittal of certain records; deleting confidentiality requirements; amending s. 39.045, F.S.; revising provisions relating to records and information; requiring retention and transmittal of certain records and information; deleting confidentiality requirements; providing for admissibility of court records in juvenile proceedings to the same extent as admissible in proceedings involving adult offenders; deleting restrictions on public inspection; extending the time period required for retention of records; requiring release for publication in certain circumstances, and requiring that such publication include the child's photograph and the names and addresses of the child's parents or legal guardians, as well as the name of any agency responsible for the child at the time of commission of the offense; amending ss. 39.058 and 39.0582, F.S., relating to serious or habitual juvenile offenders and intensive residential treatment programs for 10-13 year old offenders, to conform; making the assessment and treatment records of such offenders part of the child's law enforcement record; amending s. 39.0585, F.S.; revising provisions relating to juvenile offender information systems; requiring each county to maintain a central identification file on juvenile offenders and at-risk juvenile offenders; requiring notification of the sheriff when a juvenile offender moves or is relocated; deleting certain criteria and confidentiality requirements; requiring interagency cooperation; amending ss. 39.052,39.053,39.059, and 230.335, F.S., relating to hearings, adjudication, community control or commitment, and February 8, 1994 17 JOURNAL OF THE HOUSE OF REPRESENTATIVES notification of school superintendents, to conform; revising civil consequences of adjudication; revising and expanding notification requirements to schools; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Casey and Chestnut- HB 209-A bill to be entitled An act relating to road designations; designating a portion of State Road 222 as the "Veterans Memorial Highway"; directing the Department of Transportation to erect suitable markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. HB 211-Withdrawn By Representative Ogles- HB 213-A bill to be entitled An act relating to minors; prohibiting the sale or other distribution of excessively violent video games to minors; providing definitions; providing penalties; providing for injunctive relief; providing procedures; directing the Department of Legal Affairs to compile a list of excessively violent video games; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. HB 215-Withdrawn By Representatives Thomas and Hafner- HB 217-A bill to be entitled An act relating to motor vehicle licenses; amending s. 320.08066, F.S.; extending the time period for the purchase of manatee license plates; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Graber- HB 219-A bill to be entitled An act relating to health care; amending ss. 627.6471, 627.6472, and 641.315, F.S.; prohibiting insurers and health maintenance organizations from requiring certain excess coverage for professional liability insurance; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representatives Laurent, Sanderson, Feeney, Stabins, Pruitt, Bainter, Hanson, Wise, Casey, Posey, Ogles, Bronson, Harris, Fuller, Warner, Arnall, Barreiro and Sublette- HB 221-A bill to be entitled An act relating to water management districts; amending s. 373.503, F.S.; prohibiting such districts from levying an ad valorem tax millage in excess of the millage levied for 1994; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representatives Wallace and Mortham- HB 223-A bill to be entitled An act relating to community care for disabled adults; transferring responsibility for administering "The Community Care for Disabled Adults Act" from the Department of Health and Rehabilitative Services to the Department of Elderly Affairs; amending ss. 410.602 and 410.603, F.S.; conforming references and definitions; amending s. 410.604, F.S.; expanding services that may be provided; directing the department to establish a schedule of fees for services provided to certain disabled adults; eliminating a requirement to use volunteers in providing services; providing additional duties of the department; amending s. 430.03, F.S.; amending purposes of the Department of Elderly Affairs, to conform to the transfer.of duties; creating the Bureau of Adult Services within the Division of Programs of the department; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Aging & Human Services, Finance & Taxation and Appropriations. By Representatives Starks and Buddy Johnson- HJR 225-A joint resolution proposing an amendment to Section 1, Article VII of the State Constitution, relating to taxation. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representatives Goode, Ascherl, Sembler, Charles, Pruitt, Warner, Posey, Futch, Roberts, Minton, McMahan, Merchant and Armesto- Garcia- HB 227-A bill to be entitled An act relating to motor vehicle license plates; providing Legislative intent; providing for the creation of a Florida Indian River Lagoon license plate; providing fees; providing for the disposition of fees; providing for deauthorization; providing for the design of the license plate; providing for the administration of the annual use fees generated by the license plate by the St. Johns River and South Florida Water Management Districts; providing restrictions; providing legislative intent with respect to use of the revenues; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Laurent- HB 229-A bill to be entitled An act relating to child support; authorizing the Supreme Court to provide for pilot projects in two judicial circuits in the state to encourage and enable noncustodial parents to meet their child support obligations through job training or community service; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Ritchie, Davis and Long- HB 231-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.052, F.S.; clarifying benefit payment and calculation procedure; providing for dual calculation of benefits whenever a member of the Elected State and County Officers' Class has creditable service in that class, followed by service in another class of the Florida Retirement System, on or after January 1, 1995; providing for matters relative thereto; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representatives Bloom, Sanderson, Burke, Glickman, Feren, Tobin, Boyd, Merchant, Gordon, Brown, Futch, Hawkins and Posey- HB 233-A bill to be entitled An act relating to adoption; amending s. 63.022, F.S.; declaring additional legislative intent; amending s. 63.032 F.S.; providing definitions applicable to laws regulating adoptions; amending s. 63.052, F.S.; providing that prospective adoptive parents become legal custodians of a child pending finalization of adoption; providing for removal of a child from an unsuitable home; amending s. 63.062, F.S.; prescribing certain obligations that must be met by the father of a prospective adoptee in order to preserve his right of notice in an adoption; amending s. 63.072, F.S.; providing for waiver of the requirement that the father must consent to the adoption of his child in certain circumstances; amending s. 63.092, F.S.; requiring that an interview with both birth parents be part of the preliminary home study in adoption proceedings; amending s. 63.097, F.S.; requiring court approval of certain fees of agencies; amending s. 63.102, F.S.; providing for filing a petition for adoption in the county in which an adoption intermediary is located; amending s. 63.112, F.S.; requiring certain information to be made part of, or to accompany, an adoption petition; amending s. 63.125, F.S.; changing the time for filing the written report of a final home investigation; amending s. 63.132, F.S.; requiring agencies to file reports of expenditures and receipts; amending s. 63.207, F.S.; providing for out-of-state placement 18 February 8, 1994 of special needs children; amending s. 63.212, F.S.; prohibiting persons from providing false or misleading information about themselves when providing information for completion of an adoption placement; prohibiting birth parents from contracting with, or accepting benefits from, more than one agency or intermediary; providing penalties; creating s. 382.028, F.S.; creating a paternity registry; requiring certain information to be placed in the registry; providing duties of agencies and intermediaries; providing for confidentiality; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Buddy Johnson, Starks, Hawkes, Mortham, Arnall, Casey, Villalobos, Gay, Bainter, Wise, Barreiro, Couch, Stabins, Armesto- Garcia, Fuller, Ogles, Morroni, Posey, Feeney, Jones, Thrasher, Littlefield and Rojas- HJR 235-A joint resolution proposing an amendment to Section 1 of Article VII of the State Constitution relating to state revenue growth. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representatives Mitchell, Pruitt, Harris, Sanderson, Sembler, Mortham, Bronson, Stafford, Arnall, Starks, Minton, Thrasher, Wise, Posey, Hawkes, Casey, Logan, Morroni, Lippman, Villalobos, Manrique, Kelly, Couch, Fuller, Merchant, Kerrigan, Futch, Jones, McMahan, Littlefield, Buddy Johnson, Bitner, Feeney, Benson, Bainter, Webster, Gay, Armesto-Garcia, Valdes, King, Hanson, McClure, Trammell, Goode, Rudd, Albright, Smith, Laurent, Stabins, Thomas, Morse, Ogles, Clemons, Rojas, Sublette, Crady, Tedder, Boyd, D. Saunders, Hawkins, Mackey, Martinez, Edwards, Hill, Long, Healey, Klein, Tobin, Crist, Bush, Greene, Jacobs, Barreiro, Garcia, Reddick, Eggelletion, R. Saunders, Miller, Burke, Bullard, Dennis, Schultz, Mishkin, Ritchie, McAndrews, Chestnut, Constantine, Safley, Hafner, Rayson, Charles, Sindler, Brown, Feren, Graber, Dawson, Roberts, Rush, De Grandy, Lawson, Geller, Ireland and Davis- HB 237-A bill to be entitled An act relating to administrative procedures; amending s. 11.075, F.S.; revising language with respect to estimates of economic impact to require each house of the Legislature to consider certain additional rulemaking requirements prior to adopting certain legislation; amending s. 120.52, F.S.; redefining the terms "agency" and "invalid exercise of delegated legislative authority"; amending s. 120.54, F.S.; revising language with respect to rulemaking adoption procedures; providing a time period for availability of economic impact statements; revising timeframes; providing limits on the rationale which may be relied upon in support of a proposed rule by an agency; providing requirements with respect to appropriate rulemaking records; creating s. 120.542, F.S.; providing for additional rulemaking requirements; amending s. 120.545, F.S.; revising language with respect to committee review of agency rules where the committee has filed an objection to a rule; creating s. 120.546, F.S.; providing for additional legislative oversight; amending s. 120.68, F.S.; providing additional criteria for a petition challenging an agency rule as an invalid exercise of delegated legislative authority; amending s. 372.021, F.S.; revising language with respect to rules of the Florida Game and Fresh Water Fish Commission; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). 19 Hanson, Feren, Eggelletion, Chestnut, McAndrews, Rojas, Glickman, Peeples, Geller, Stafford, Greene, Brown, Miller, Abrams, Brennan, Bush and Hill- HB 241-A bill to be entitled An act relating to weapons and firearms; creating s. 790.222, F.S.; defining the term "assault weapon"; prohibiting certain acts with respect to assault weapons; providing exceptions; providing penalties; providing for seizure and forfeiture; providing a grace period for compliance; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Sindler, Chestnut, Thomas, Couch, Thrasher and Casey- HB 243-A bill to be entitled An act relating to cardiovascular technology; creating the "Cardiovascular Technology Practice Act"; providing purpose and intent; providing definitions; creating the Advisory Council on Cardiovascular Technology and Electrocardiographic Technicians; providing for appointment of members; providing for duties and compensation; providing for approval of educational programs for cardiovascular technologists and certified electrocardiographic technicians; requiring an examination for certification; providing a fee; specifying qualifications; providing for the grandfathering in of certain practitioners; providing for certification by endorsement; providing a fee; restricting use of titles and abbreviations; providing procedures for biennial certification renewal and inactive status of certifications; specifying continuing education requirements; providing for reactivation or expiration of inactive certificates; providing for recertification when a certificate has expired; establishing a fee schedule; specifying disciplinary actions and grounds therefore; specifying violations and penalties; providing for injunctive relief; providing exemptions; exempting hospitals from responsibility for payment or reimbursement of certification or education costs; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation, Finance & Taxation and Appropriations. HB 245-Withdrawn By Representatives Hawkes, Starks, Sindler, Feeney, Armesto-Garcia, Littlefield, Bullard, Thrasher, Bainter, Safley, Sanderson, Gay, Fuller, Laurent, Couch, Long, Roberts, Ogles, Thomas, Wise, Bronson, Mitchell, Harris, Pruitt, Rudd, Healey, Kelly, Miller, Rush, Tedder, Stabins, Kerrigan, Webster, Casey, Smith and Hanson- HB 247-A bill to be entitled An act relating to legislative oversight and accountability; creating the Legislative Oversight and Accountability Act; providing legislative intent; providing that when a state agency or department enters into a negotiated settlement or resolution of certain pending litigation, it shall require approval of the Legislature; providing that the resolution or settlement shall not be effective without such approval; providing for legislative intervention in certain cases; providing for authority to control the litigation; providing for notification; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agency Rules, Select and Referred to the Committee(s) on Judiciary and Appropriations. Appropriations. By Representatives Glickman and Hanson- HB 239-A bill to be entitled An act relating to jury selection in criminal cases; amending s. 910.03, F.S.; authorizing a court under specified circumstances to select a jury from a county other than where the offense was committed; providing guidelines for selection of the alternative county; providing an effective date, and providing applicability to pending cases. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representatives Klein, Logan, Jacobs, Bloom, Armesto-Garcia, Mackenzie, Cosgrove, Tobin, Schultz, Bullard, Burke, Lippman, Gordon, HB 249-Withdrawn By Representatives Tobin and Gordon- HB 251-A bill to be entitled An act relating to state buildings; requiring the Department of Management Services in conjunction with other appropriate state agencies to evaluate and develop procedures to improve indoor air quality in state buildings; requiring a report; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations and Appropriations. February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES 20 JOURNAL OF THE HOUSE By Representative Hanson- HB 253-A bill to be entitled An act relating to bonds for juvenile and correctional facilities; authorizing the issuance of general obligation bonds payable from cost of supervision and rehabilitation fees and pledging the full faith and credit of the state to finance the construction of such facilities; providing for a referendum; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections, Finance & Taxation and Appropriations. By Representatives Rojas and Kerrigan- HJR 255-A joint resolution proposing the creation of Section 19 of Article VII of the State Constitution relating to increases in state taxes and fees. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Rojas- HB 257-A bill to be entitled An act relating to prescription drugs; providing a penalty for receiving, possessing, or delivering adulterated, misbranded, or sample or complimentary prescription drugs for export; providing for Department of Health and Rehabilitative Services inspection of certain wholesalers and exporters; providing for interagency cooperation; providing for investigation of certain suspected Medicaid fraud; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Wise- HR 259-A resolution urging full concurrent receipt of military longevity retired pay and service-connected disability compensation benefits. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Fuller- HB 261-A bill to be entitled An act relating to child care; amending s. 409.176, F.S.; revising procedure for registration of residential child- caring agencies; deleting certain responsibilities of the Department of Health and Rehabilitative Services; providing responsibilities of a qualified association meeting standards of a statewide child-care organization; requiring notice to the department of certain violations and of suspension or revocation of registration; requiring an annual report to the department; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Aging & Human Services and Appropriations. By Representative Kelly- HB 263-A bill to be entitled An act relating to cosmetology; amending s. 477.013, F.S.; revising and adding definitions; creating s. 477.0223, F.S.; requiring AIDS education as a condition for licensure or registration; creating s. 477.0225, F.S.; providing for continuing education requirements as a condition for license or registration renewal; providing for registration of continuing education providers; amending s. 477.025, F.S.; providing for licensure of booth rentals; specifying requirements; providing for inspection; amending s. 477.026, F.S.; providing a registration fee for continuing education providers; providing a licensure, renewal, and delinquent renewal fee for booth rentals; amending s. 477.0263, F.S.; providing for cosmetology services to be performed in fixed locations; amending s. 477.028, F.S.; providing for disciplinary proceedings against continuing education providers for specified actions for which a penalty is provided by law; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation, Finance & Taxation and Appropriations. I E OF REPRESENTATIVES February 8, 1994 By Representatives Healey and Hanson- HB 265-A bill to be entitled An act relating to bingo; amending s. 849.0931, F.S.; revising provisions which regulate the conduct of bingo; providing intent; providing definitions; providing that the Division of Pari- mutuel Wagering shall supervise bingo activities and specifying powers and duties of the division; authorizing the conduct of bingo by authorized organizations; providing for use of bingo proceeds; providing requirements and conditions for the conduct of bingo; requiring licensing or registration of such organizations, operators of leased bingo facilities, and distributors of bingo equipment; providing exemptions; providing for special event licenses; providing for fees; providing limitations on prizes; providing requirements regarding the location of games and the lease of premises; providing requirements for records and reports; prohibiting certain activities in connection with bingo; providing for revocation or denial of licenses and registrations and administrative fines; providing a criminal penalty; providing for injunctions; providing for deposit of moneys collected in the Pari-mutuel Wagering Trust Fund; authorizing certain local ordinances relating to bingo; providing an appropriation and authorizing positions; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Regulated Industries, Finance & Taxation and Appropriations. By Representative Starks- HB 267-A bill to be entitled An act relating to the Division of Driver Licenses; amending s. 316.003, F.S.; redefining the terms "school bus" and "commercial motor vehicle"; amending s. 316.650, F.S.; revising language with respect to traffic citations; amending s. 318.14, F.S.; revising language with respect to noncriminal traffic infractions; amending s. 318.1451, F.S.; providing for an additional assessment to be collected by driver improvement schools; providing for studies; amending s. 322.01, F.S.; redefining the terms "commercial motor vehicle," "school bus," and "state"; amending s. 322.02, F.S.; providing for reciprocal agreements with other political entities; amending s. 322.0261, F.S.; revising language with respect to mandatory driver improvement courses; amending s. 322.03, F.S.; providing requirements with respect to the operation of a motorcycle; amending s. 322.055, F.S.; providing for petition for restoration of driving privilege for certain violations; amending s. 322.12, F.S.; providing for a hazardous materials endorsement on a person's driver license; amending s. 322.121, F.S.; revising language with respect to the periodic reexamination of all drivers; amending s. 322.14, F.S.; requiring certain persons seeking a driver license to appear in person; amending s. 322.21, F.S.; revising language with respect to certain persons who are exempt from delinquent fees for license expiration; amending s. 322.22, F.S.; revising language with respect to license cancellation; amending s. 322.24, F.S.; providing reference to foreign countries with respect to license suspension; amending s. 322.27, F.S.; revising language with respect to the point system for out-of-state convictions; providing a revised point requirement; amending s. 322.271, F.S.; prohibiting the issuance of commercial driver licenses under certain circumstances; amending s. 322.34, F.S.; revising language with respect to driving without a driver license or while the driver's license or driving privilege is suspended, revoked, canceled, or disqualified; amending s. 322.57, F.S.; providing for requirements with respect to tests for hazardous materials endorsements; amending s. 322.66, F.S.; revising language with respect to vehicles permitted to be driven during a skills test; amending s. 324.031, F.S.; revising amounts with respect to providing financial responsibility; amending s. 324.071, F.S.; increasing a reinstatement fee; amending s. 324.161, F.S.; increasing amounts with respect to proof of financial responsibility; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Trammell- HB 269-A bill to be entitled An act relating to funding for criminal proceedings; amending s. 27.60, F.S.; increasing the percentage of annual appropriated funds that public defenders may transfer between budget categories; providing that a specified percentage of unexpended funds may be carried forward each year for public defenders; providing an effective date. JOURNAL OF THE HOUSE OF REPRESENTATIVES First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By the Committee on Community Affairs; Representatives R. Saunders, Goode, Pruitt, Kerrigan, Arnall, Edwards, Couch, Dennis, Rudd, Feeney, Martinez and McClure- HB 271-A bill to be entitled An act relating to codification of special acts; creating the Code of Special Acts Act; requiring the Joint Legislative Management Committee to develop a plan to organize and codify special acts and general laws of local application; requiring the Joint Legislative Management Committee to be prepared to enter into a contract; requiring cooperation and assistance from each state agency, each standing, select, and joint committee of the Legislature, the governing body of each unit of local government, and the Judicial Branch; requiring the Joint Legislative Management Committee to prepare and present to the Legislature a bill codifying the special acts and general laws of local application; providing for adoption of official law; providing for publication and distribution; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Appropriations. By Representatives Rayson and Mackenzie- HB 273-A bill to be entitled An act relating to managed health care; creating s. 641.60, F.S.; providing definitions; creating the Statewide Managed Care Ombudsman Committee; providing for membership, powers, duties, staffing, and funding of the committee; requiring reports; creating s. 641.65, F.S.; creating district managed care ombudsman committees; providing for membership, powers, duties, staffing, and funding of the committees; creating s. 641.70, F.S.; providing duties of the Agency for Health Care Administration relating to the statewide and district committees; creating s. 641.75, F.S.; providing committee members immunity from liability for good faith action on behalf of an enrollee in a managed care program; providing for public records and meetings; providing that committee members shall not be required to testify on certain matters; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representatives Upchurch, Mackey, Sublette, Valdes, Posey, Sanderson, Sembler, Arnall, Villalobos, Feeney, Littlefield, Wise, Casey, Hawkes, Bitner, Pruitt, Ireland, Fuller, Webster, Thrasher, Kerrigan, Futch, Couch, Starks, Gay, Albright, Laurent, Stabins, De Grandy, Hawkins, Jones, Ascherl, Manrique, Morse, Mortham, Ogles, Kelly, Buddy Johnson, McMahan, Minton, Bronson, Rojas, Constantine, Barreiro, Bainter, Sindler, Merchant, McClure, Benson, Thomas, Roberts, Armesto- Garcia, Healey, Garcia and Smith- HB 275-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.08, F.S.; providing an exemption for labor charges for repair and maintenance of certain aircraft; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representatives Sindler, Webster, Bainter, Starks, Kelly, Tedder, Couch, Armesto-Garcia, Constantine, Edwards, Feeney, Laurent, McClure, Stabins, McMahan, Posey, D. Saunders and Reddick- HB 277-A bill to be entitled An act relating to ad valorem taxation; amending s. 193.461, F.S.; providing for classification and assessment of high-water recharge lands in the counties of Polk, Orange, and Lake; providing procedures and requirements; providing for appeals to the value adjustment board; specifying the factors applicable to such classification; requiring the water management district to reimburse the school board or county commission for any reduction in revenue as a result of reclassification of property as high-water recharge land; providing for determination of assessment of such land; amending ss. 193.052, 194.011, 194.032, 194.037, 195.073, 195.096, F.S., relating to filing of returns, procedures of the value adjustment boards, and classification of real property, to conform; providing intent regarding application; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representatives McAndrews, Sindler, Clemons, Bainter, Webster, Starks, Pruitt, Armesto-Garcia, Feeney, Hawkes, McClure, Gordon, Brown, King, Hanson, R. Saunders, Mortham, Valdes, Ogles and Safley- HB 279-A bill to be entitled An act relating to state lotteries; amending s. 24.121, F.S.; revising provisions relating to the allocation of revenues and expenditure of funds in the Educational Enhancement Trust Fund; amending ss. 229.592 and 230.23, F.S.; correcting cross references; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Wise and Feeney- HB 281-A bill to be entitled An act relating to dissolution of marriage; amending s. 61.052, F.S.; providing a time period before a final dissolution may be granted under certain circumstances; providing for a provisional temporary judgment; authorizing parenting courses; providing for fees; providing sanctions for failure to attend; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By Representative Rayson- HB 283-A bill to be entitled An act relating to public records and meetings; providing an exemption from public records requirements for patient records and other identifying information concerning a complainant involved in a complaint to the statewide or a district managed care ombudsman committee; providing an exemption from public meetings requirements for that portion of an ombudsman committee meeting in which such confidential information is discussed; providing for future review and repeal; providing a finding of public necessity; providing a contingent effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care. By Representatives Webster, Armesto-Garcia, Valdes, Tobin, Stafford, Bloom, Lippman, Thomas, Mortham, Kelly, Long, Schultz, Feren, Wise, Jacobs, Hanson, Cosgrove, Jones, Crist, Buddy Johnson, Posey, Ireland, Sindler and Kerrigan- HB 285-A bill to be entitled An act relating to driver licenses; creating s. 322.2616, F.S.; authorizing law enforcement officers to suspend the driver license of a person under the age of 21 who drives a motor vehicle with a certain blood or breath alcohol level or refuses to submit to a blood or breath alcohol test; providing for consent to be tested; providing procedures; providing for review; providing for appeal to the circuit court; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Sindler- HB 287-A bill to be entitled An act relating to telecommunications services; creating s. 364.245, F.S.; providing findings; providing for discontinuation of telecommunications service if the service is used to violate state or federal law; providing for reinstatement of service; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By the Committee on Governmental Operations; Representative Boyd- HB 289-A bill to be entitled An act relating to the confidentiality of information held by the Florida Birth-Related Neurological Injury Compensation Association; amending s. 766.314, F.S., which provides an exemption from public records requirements for information submitted by hospitals relating to live births; revising the exemption and saving it from repeal; amending s. 766.315, F.S., which provides an exemption from public records requirements for claim files in the possession of the association 21 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES during processing of the claim; revising the exemption and saving it from repeal; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 291-A bill to be entitled An act relating to the confidentiality of DNA analysis information; amending s. 760.40, F.S., which provides an exemption from public records requirements for DNA analysis results held by public entities; revising the exemption and saving it from repeal; amending s. 943.325, F.S., which provides an exemption from public records requirements for DNA analysis results and comparison of analytic results of specimens submitted to the Department of Law Enforcement; revising the exemption and saving it from repeal; providing findings of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 293-A bill to be entitled An act relating to confidentiality of expunged or sealed criminal history records; amending ss. 943.0585 and 943.059, F.S., which provide exemptions from public records requirements for criminal history records ordered expunged or sealed by the courts; authorizing the Department of Law Enforcement to disclose the existence of such records to certain licensing and employing agencies; saving such exemptions from repeal; providing for future review and repeal; providing findings of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representatives Mortham, De Grandy, Rojas, Webster, King, Armesto-Garcia, Buddy Johnson, Merchant, Thrasher, Kerrigan, Casey, Littlefield, Manrique, Pruitt and Bitner- HJR 295-A joint resolution proposing an amendment to Section 16 of Article III of the State Constitution relating to legislative and congressional redistricting. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections and Appropriations. By Representative Bloom- HB 297-A bill to be entitled An act relating to controlled substances; amending s. 893.02, F.S.; expanding the definition of "practitioner" under ch. 893, F.S., relating to drug abuse prevention and control, to include certain advanced registered nurse practitioners; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By Representatives Laurent, Feeney, Morroni, Glickman and Sanderson- HB 299-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; providing for emergency rules; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representatives Gordon, Mackenzie, Jacobs, Cosgrove and Mitchell- HB 301-A bill to be entitled An act relating to nursing; amending s. 464.003, F.S.; revising the definition of "advanced or specialized nursing practice"; eliminating committee approval of medical acts that may be performed by an advanced registered nurse practitioner; amending s. 464.012, F.S.; revising certification categories for such practitioners; revising authorized functions; amending s. 464.013, F.S.; specifying continuing education requirements; amending s. 458.348, F.S.; conforming provisions relating to protocols for performance of medical acts by advanced registered nurse practitioners; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Appropriations. By Representatives Glickman, Stafford and Kerrigan- HB 303-A bill to be entitled An act relating to victims of crime; amending s. 775.089, F.S., relating to restitution; expanding the meaning of "victim" and the scope of restitution orders; amending s. 921.187, F.S., relating to disposition, to conform; amending s. 960.13, F.S., relating to crimes compensation awards; authorizing awards to include mental health care relating to minor victims in certain circumstances; amending s. 960.28, F.S.; revising provisions relating to payment for physical examination of victims of violations of ch. 794, F.S.; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Wise, Thrasher, Smith, Upchurch and Hanson- HB 305-A bill to be entitled An act relating to the local government infrastructure surtax; amending s. 212.055, F.S.; eliminating the restriction that counties may pledge surtax proceeds only for new bond indebtedness; authorizing all counties to use the proceeds to retire or service indebtedness in connection with bonds issued for infrastructure; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Finance & Taxation. By Representatives Glickman and Kerrigan- HB 307-A bill to be entitled'An act relating to tax on sales, use, and other transactions; amending s. 212.08, F.S.; revising the definition of "educational institutions" for purposes of exemption from said tax to include certain nonprofit educational consortia; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education, Finance & Taxation and Appropriations. By Representative Glickman- HB 309-A bill to be entitled An act relating to referenda; amending s. 101.161, F.S.; providing filing requirements for challenges to the legal sufficiency of the ballot language of a constitutional amendment proposed by the constitution revision commission or the taxation and budget reform commission; providing for revision of the ballot language of such a proposed constitutional amendment under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections. By Representatives Sanderson, Armesto-Garcia, Warner, Feren, Minton, King, Bloom, Stafford, Gordon, Arnall, Thomas, Greene, Brown, Pruitt, Boyd, Crady, Morse, Klein, Geller, Thrasher, Casey, Merchant, Hawkes, Hawkins, Hanson, Hafner, Mackenzie, Manrique, Barreiro and Sublette- HB 311-A bill to be entitled An act relating to interception of communications; amending s. 934.02, F.S.; excluding communications made through a numeric-only display paging device from the definition of "electronic communication" with respect to provisions prohibiting unauthorized interception; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By the Committee on Governmental Operations; Representative Boyd- HB 313-A bill to be entitled An act relating to international arbitration awards; reenacting s. 684.19(3), F.S., which specifies conditions for issuance of a written statement of reasons for an award and conditions under which an award may be made public; providing an effective date. 22 February 8, 1994 JOURNAL OF THE HOUSI First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 315-A bill to be entitled An act relating to the confidentiality of medical review committee proceedings and reports; amending s. 766.101, F.S., which provides an exemption from public records and public meetings requirements for medical review committee reports; specifying that proceedings of such committees are exempt from public meetings requirements; saving such exemption from repeal; amending s. 945.6032, F.S., which provides an exemption from public records requirements for findings and recommendations of medical review committees created by the Correctional Medical Authority or the Department of Corrections; saving such exemption from repeal; exempting proceedings of such committees from public meetings requirements; providing for future review and repeal; providing a finding of public necessity; repealing s. 119.07(3)(y), F.S., which provides an exemption from public records requirements for records of a medical review committee created by the authority or the department; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 317-A bill to be entitled An act relating to confidentiality of information relating to certain currency transactions; amending s. 896.102, F.S., which provides an exemption from public records requirements for information filed with the Department of Revenue regarding receipt of more than $10,000 in currency in one transaction or two or more related transactions; saving such exemption from repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 319-A bill to be entitled An act relating to the confidentiality of Florida Patient's Compensation Fund claim files; amending s. 766.105, F.S., which provides an exemption from public records requirements for information contained in claim files in the possession of the fund, fund members, and insurers during processing of the claim; revising the exemption and saving it from repeal; 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 Insurance. By Representative Albright- HB 321-A bill to be entitled An act relating to counties; amending s. 127.01, F.S.; providing that a county may not condemn land outside its boundaries for the purpose of obtaining water; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs. By Representative Pruitt- HB 323-A bill to be entitled An act relating to capital felonies; amending s. 775.082, F.S.; providing that a person who is convicted of a capital felony and who is not sentenced to death may be sentenced to either life imprisonment without eligibility for early release or life imprisonment without eligibility for parole for a specified number of years; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. HB 325-Withdrawn By Representative Pruitt- HB 327-A bill to be entitled An act relating to criminal justice; amending s. 877.13, F.S.; prohibiting assembling within 1,000 feet of school property for the purpose of disrupting or interfering with school functions; providing penalties; providing an effective date. February 8, 1994 E OF REPRESENTATIVES 23 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. HB 329-Withdrawn By Representative Mishkin- HB 331-A bill to be entitled An act relating to uniform traffic control; amending s. 316.2015, F.S.; prohibiting certain minors from riding within the body of a pickup truck or flatbed truck; providing an exception; providing a penalty; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation and Appropriations. By Representative Gay- HB 333-A bill to be entitled An act relating to donation of instructional technology equipment to educational institutions; providing for issuance of a voucher by the Department of Revenue to a business that donates instructional technology equipment to a public school, vocational- technical center, community college, or university; providing for determination of the amount of the voucher; authorizing use of the voucher as a credit against sales tax on purchases of such equipment or as a credit against tuition charges for employees of the business; authorizing transfer of vouchers; providing limitations; providing for rules; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education, Finance & Taxation and Appropriations. HB 335-Withdrawn HB 337-Withdrawn By Representative Warner- HB 339-A bill to be entitled An act relating to workers' compensation; creating the "Florida No-fault Workers' Compensation and Employer Liability Act"; providing a short title; providing legislative intent; authorizing election of provisions of the act in lieu of application of chapter 440, F.S.; providing for notice of election; providing for revocation of election; providing for notice to employees; providing definitions; specifying benefits payable to employees; providing criteria; providing for certain periodic medical evaluations; specifying accidental death and dismemberment insurance coverage; requiring continuation of coverage for employees under certain circumstances; specifying employer duties to employees; providing for employer's defenses; providing for coworker immunity; providing for notice of claims; limiting certain defenses by employers under certain circumstances; specifying procedures for filing and responding to claims; limiting expert witness testimony under certain circumstances; providing for determination of comparative negligence under certain circumstances; authorizing the Department of Insurance to adopt rules requiring proof of insurance or financial responsibility; providing for implementation and administration with reference to certain provisions of the Workers' Compensation Law relating to waiver of exemption, notice of exemption or acceptance, and waiver of exemption or acceptance, coverage, specified activities within the course of employment, legislative intent regarding drug-free workplaces, criteria for a drug-free workplace program, determination of pay, coercion of employees, benefits as lien against assets, misrepresentation, fraudulent activities, security for benefits, compensation for injuries when third parties are liable, benefits notice, effect of unconstitutionality, proceedings against the state, pooling liabilities, self-insured public utilities, local government pools, administrative procedures, rulemaking, and coverage; providing application to the Department of Insurance; authorizing the department to adopt rules; providing penalties; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce, Finance & Taxation and Appropriations. By the Committee on Governmental Operations; Representative Boyd- HB 341-A bill to be entitled An act relating to application information received by the State Fire Marshal; amending s. 633.527, F.S.; removing the JOURNAL OF THE HOUSE OF REPRESENTATIVES exemption from public records requirements for certain information required of applicants for licensure, certification, or permitting; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 343-A bill to be entitled An act relating to the confidentiality of records of the corporation created to operate correctional work programs; amending s. 946.517, F.S., which provides that reports of the corporation that would not be a public record if prepared by the Department of Corrections are not public records; providing an exemption from public records requirements for proprietary confidential business information in corporation records; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 345-A bill to be entitled An act relating to confidentiality of records relating to fingerprints taken to identify missing children; amending s. 937.028, F.S., which provides an exemption from public records requirements by allowing release of such fingerprints only to identify a missing child; saving such exemption from repeal; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representative Arnold- HB 347-A bill to be entitled An act relating to Lee County; amending ch. 76-408, Laws of Florida, as amended; expanding the boundaries of the Estero Fire Protection and Rescue Service District; providing for a referendum; 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 Arnold- HB 349-A bill to be entitled An act relating to the Lehigh Acres Fire Control and Rescue District, Lee County; amending ch. 63-1546, Laws of Florida, as amended; authorizing the Lehigh Acres Fire Control and Rescue District to provide ambulance and advanced life support services and to purchase, own, and dispose of ambulance and advanced life support equipment; providing for user fees; providing for a referendum; 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 the Committee on Governmental Operations; Representative Boyd- HB 351-A bill to be entitled An act relating to confidentiality of records relating to criminal justice information; amending s. 943.051, F.S.; revising provisions relating to the duties of the Division of Criminal Justice Information Systems with respect to such information; reenacting s. 943.054(3), F.S., relating to the authority of a criminal justice agency regarding disclosure of information in federal criminal history records; amending said section to specify that it is not subject to the Open Government Sunset Review Act; reenacting and amending s. 943.056(1), F.S., relating to access to one's own criminal history record for review of its accuracy and completeness; clarifying language; amending s. 943.057, F.S., which provides an exemption from public records requirements by imposing conditions on access to criminal justice information for research or statistical purposes; saving such exemption from repeal; providing for future review and repeal; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representatives Boyd and Hanson- HB 353-A bill to be entitled An act relating to confidentiality of information relating to executioners; amending s. 922.10, F.S., which provides an exemption from public records requirements for information which would identify an executioner; revising the exemption and saving it from repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 355-A bill to be entitled An act relating to mobile home park dispute resolution proceedings; repealing s. 723.038(6), F.S., which authorizes the director of the Division of Florida Land Sales, Condominiums, and Mobile Homes to subpoena books and records upon request of a mediator and provides an exemption from public records requirements for such information; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By the Committee on Governmental Operations; Representative Boyd- HB 357-A bill to be entitled An act relating to confidentiality of certain trade secret information; amending s. 815.04, F.S.; providing an exemption from public records requirements for data held by an agency which is a trade secret and which exists internal or external to a computer system; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 359-A bill to be entitled An act relating to confidentiality of information relating to interception of wire, oral, or electronic communications; reenacting and amending s. 934.09(7)(b) and (c) and (8), F.S., which provide restrictions on disclosure of the contents of such communications or evidence derived therefrom or disclosure of applications and orders for such interception; specifying that such restrictions are required by federal law; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 361-A bill to be entitled An act relating to confidentiality of records relating to investigations of law enforcement officer misconduct; amending s. 943.1395, F.S., which provides an exemption from public records requirements for information held by the Criminal Justice Standards and Training Commission relating to such investigations; revising and clarifying the exemption; saving such exemption from repeal; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 363-A bill to be entitled An act relating to confidentiality of grand jury documents; amending s. 905.17, F.S., which provides an exemption from public records requirements for stenographic records of grand jury sessions; amending s. 905.28, F.S., which provides an exemption from public records requirements for a grand jury report relating to an individual which is not accompanied by a true bill or indictment; saving such exemptions from repeal; providing for future review and repeal; providing findings of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. 24 February 8, 1994 JOURNAL OF THE HOUSE] By the Committee on Governmental Operations; Representative Boyd- HB 365-A bill to be entitled An act relating to confidentiality of certain information contained in police reports of domestic violence; reenacting and amending s. 741.29(2), F.S., which specifies that material deemed to be part of an active criminal investigation and thus exempt from public records requirements shall be excluded from a police report of domestic violence which is sent to the nearest certified domestic violence center; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 367-A bill to be entitled An act relating to confidentiality of information compiled pursuant to the Hate Crimes Reporting Act; amending s. 877.19, F.S., which provides an exemption from public records requirements for such information that would reveal the identity of a crime victim; removing a requirement that such data be used only for research or statistical purposes; saving such exemption from repeal; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representative Kelly- HB 369-A bill to be entitled An act relating to water resources; providing legislative intent regarding the restoration of Florida Bay; creating the Florida Bay Restoration Council within the South Florida Water Management District; providing for council membership and organization; providing for council staff; providing for reimbursement of members' expenses; providing council purposes, powers, and duties; providing limited eminent domain power; providing council authority to contract for certain assistance; providing an appropriation therefore; requiring annual reports to the Governor and Legislature; providing an appropriation for the purchase of described lands; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. HB 371-Withdrawn By Representative Burke- HB 373-A bill to be entitled An act for the relief of Freddie Lee Pitts and Wilbert Lee; providing an appropriation to compensate them for being victims of a miscarriage of justice; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Posey, Kerrigan, Pruitt and Harris- HB 375-A bill to be entitled An act relating to administrative procedures; amending s. 120.54, F.S.; providing a penalty with respect to agency employees who authorize or write rules which are an invalid exercise of legislative authority; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agency Rules, Select and Appropriations. By Representatives Thrasher, Bainter and Klein- HB 377-A bill to be entitled An act relating to trademark registration and anticounterfeiting; amending s. 506.01, F.S.; revising language with respect to stamped and marked containers and baskets; providing for the filing of certain devices with the Department of State; amending s. 506.02, F.S.; revising language with respect to presumptive evidence of unlawful use to refer to certain items bearing a trademark or service mark; providing for registration pursuant to chapter 495, F.S.; amending ss. 506.03, 506.06, 506.07, and 506.09, F.S.; providing for consistent reference to trademarks and service marks and for registration pursuant to chapter 495, F.S.; amending s. 506.08, F.S.; deleting reference to specific fees; amending s. February 8, 1994 E OF REPRESENTATIVES 25 506.10, F.S.; revising language with respect to counterfeiting or forging any trademark or service mark; revising penalties; amending ss. 506.31, 506.33, 506.35, 506.40, and 506.44, F.S.; revising the provisions of the Florida Milk and Ice-cream Container Law to conform; repealing s. 506.32, F.S., relating to notice of intent to register; repealing s. 506.34, F.S., relating to proof of publication and notice of intention; amending ss. 506.502, 506.503, and 506.508, F.S.; revising the provisions of the Carts, Cases, Baskets, Boxes, and Containers Act to conform to the act; creating s. 506.520, F.S.; providing for the scope of the chapter; amending s. 831.03, F.S.; revising penalties for forging or counterfeiting private labels; amending s. 831.05, F.S.; revising penalties with respect to vending goods with counterfeit labels; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice, Finance & Taxation and Appropriations. By Representatives Chestnut, Eggelletion, Wise, Casey, Couch and Lawson- HB 379-A bill to be entitled An act relating to the elderly blind; amending s. 413.011, F.S.; authorizing the Division of Blind Services to utilize certain funds in the State Treasury which are not invested in stocks or bonds for the elderly blind; providing for an assessment on the sale of prescription glasses and contact lenses; providing for the disposition of the assessment; creating s. 413.80, F.S.; creating the "Florida Endowment for the Elderly Blind Act"; providing definitions; providing legislative intent; providing for revenue for the endowment fund; creating the Florida Endowment Foundation for the Elderly Blind; providing for a direct support organization contract; providing for confidentiality; providing for a board of directors; providing organization, powers, and duties of board; providing for the distribution of earnings on endowment fund principal; providing for startup funding; providing for an annual audit; providing for an annual report; providing for rules; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education, Finance & Taxation and Appropriations. By Representative Laurent- HB 381-A bill to be entitled An act relating to state employment; creating s. 110.1165, F.S.; providing that when a state employee is damaged after being provided with erroneous information from a state personnel office the state shall abide by the erroneous information provided to the employee; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representative Healey- HJR 383-A joint resolution proposing amendments to Sections 10 and 11 of Article V of the State Constitution relating to the selection of judges. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives De Grandy, Bainter and Hanson- HM 385-A memorial to the Congress of the United States, applying to Congress to call a convention for the purpose of proposing an amendment to the Constitution of the United States, relating to cruel and unusual punishments. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice. By Representatives Chestnut and Davis- HB 387-A bill to be entitled An act relating to community colleges; amending s. 240.311, F.S.; revising provisions relating to establishment of an information system by the State Board of Community Colleges; requiring the development of a systemwide master plan; amending s. 240.313, F.S.; providing for a student member on each district board of trustees; amending s. 240.324, F.S.; revising community college planning and reporting relating to the accountability process; providing for an 26 JOURNAL OF THE HOUSE oversight committee and specifying duties thereof; requiring database capacity to maintain an automated student records system; amending s. 240.325, F.S.; providing for guidelines for an automated student records system; amending s. 240.331, F.S.; conforming provisions; amending s. 240.347, F.S.; revising provisions relating to the State Community College Program Fund; providing community college program requirements; amending s. 240.359, F.S.; providing for community college budgets and budget categories; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representative Eggelletion- HB 389-A bill to be entitled An act relating to vessels; creating the "Florida Clean Vessel Act"; amending s. 327.02, F.S.; defining "floating structure," "houseboat," and "marine sanitation device"; amending s. 327.25, F.S.; providing funds for removal of vessels deemed a hazard to public safety and health; creating s. 327.53, F.S.; requiring certain vessels to be equipped with toilets; requiring certain toilets on vessels to be attached to marine sanitation devices; providing exceptions; prohibiting certain discharges from vessels; providing for disposal of sewage from vessels and floating structures; adopting by reference federal regulations pertaining to marine sanitation devices and discharges therefrom; providing for noncriminal infractions; providing for use of penalties collected; providing for enforcement; providing for regulation of the design, manufacture, installation, or use of toilets on vessels; amending s. 327.56, F.S.; authorizing inspections of marine sanitation devices; amending s. 327.73, F.S.; specifying violations and civil and criminal penalties; amending s. 328.17, F.S.; conforming provisions relating to nonjudicial sale of vessels; amending ss. 192.001, 493.6101, 493.6403, and 705.103, F.S.; correcting cross references; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By Representatives Greene, Armesto-Garcia, Rayson, Mishkin, Miller, Kerrigan, Kelly, Chestnut, Burke, Barreiro and Charles- HB 391-A bill to be entitled An act relating to the economically and educationally disadvantaged residents of this state; providing legislative intent; requiring the establishment of a School of Public Health at Florida Agricultural and Mechanical University; providing purposes of the school; providing duties and responsibilities of the school; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representatives McMahan, McClure, Ascherl, Ogles and Bainter- HB 393-A bill to be entitled An act relating to the supplemental corporate fee; amending s. 617.01225, F.S.; exempting certain nonprofit corporations from such fee; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce, Finance & Taxation and Appropriations. By Representatives Greene and Hanson- HB 395-A bill to be entitled An act relating to education; amending s. 232.01, F.S.; revising the age for compulsory school attendance; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Bronson- HB 397-A bill to be entitled An act relating to financial matters; providing that no agency of the executive branch and no water management district may impose a fee on any small county or municipality for issuance or processing of a permit or declaratory statement; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Taxation and Appropriations. I] E OF REPRESENTATIVES February 8, 1994 By Representatives Brown, Schultz and Villalobos- HB 399-A bill to be entitled An act relating to parent-child tort immunity; stating purpose; abrogating the common law doctrine with regard to certain actions founded on abuse or sexual battery; precluding applicability to reasonable parental discipline; authorizing appointment of a guardian ad litem for the child; providing for applicability, attorney's fees, and severability; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Glickman- HB 401-A bill to be entitled An act relating to commercial real property transactions; providing legislative findings; abrogating the common law doctrine of caveat emptor; providing for attorney's fee; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Jamerson and Safley- HB 403-A bill to be entitled An act relating to education; creating s. 236.1229, F.S.; creating the Florida School Improvement and Academic Achievement Trust Fund; requiring use of funds to provide challenge grants and matching endowment grants to district school boards; providing for administration; providing for allocation and matching of funds; requiring district trust funds and providing duties of direct-support organizations; prohibiting certain uses of funds; providing for termination of the trust fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Mackey and Bainter- HB 405-A bill to be entitled An act relating to electric utilities; creating s. 366.0401, F.S., relating to geographic areas within which electric utilities shall be the exclusive provider of retail electric service; providing legislative findings, policies, and purposes; providing definitions; ratifying existing orders of the Florida Public Service Commission relating to territorial agreements and service areas of electric utilities; providing express authority to the commission to establish certified service areas within which electric utilities shall have the exclusive authority and obligation to provide retail electric service; providing procedures and criteria for affected electric utilities or the commission to resolve disputes concerning service areas and certified service areas; authorizing the commission to adopt an implementing schedule together with rules and regulations to implement the act; providing that incorporation, consolidation, or annexation of certified service areas shall not alter existing service rights of affected electric utilities except as provided in the act; precluding the exercise of the power of eminent domain to acquire property of electric utilities under certain circumstances; providing procedures and criteria for the modification of certified service areas under certain circumstances; confirming authority to enter into franchise agreements; providing for the commission's supervision of certified service areas and providing for antitrust immunity; providing for the application of the act; repealing and superseding any general, local, or special act or municipal charter to the extent of any inconsistency with this act; amending s. 336.04, F.S.; deleting certain jurisdictional provisions with respect to the commission to conform to the act; providing for the application of the act; amending s. 366.11, F.S.; providing a cross reference; providing an effective date. First reading-by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation, Finance & Taxation and Appropriations. By Representative Glickman- HB 407-A bill to be entitled An act relating to local government; amending ss. 125.01 and 166.021, F.S.; providing that entities that are funded by a county or municipality may be required by the county or municipality to conduct a performance audit; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). JOURNAL OF THE HOUSE Referred to the Committee(s) on Community Affairs. By Representatives Wallace, Logan and Hanson- HB 409-A bill to be entitled An act relating to review of Article V; creating a task force to review Article V of the State Constitution relating to the judiciary; providing for the composition of the task force; providing for the term of the task force; providing for organization and composition; providing for powers and duties; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Arnold- HB 411-A bill to be entitled An act relating to Lee County; amending ch. 76-411, Laws of Florida, as amended; expanding the boundaries of the San Carlos Park Fire Protection and Rescue Service District; providing for a referendum. 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 Rudd- HB 413-A bill to be entitled An act relating to public employees; amending s. 112.061, F.S.; increasing the mileage allowance for the use of privately owned motor vehicles for state travel; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations and Appropriations. By Representative Rayson- HB 415-A bill to be entitled An act relating to the North Broward Hospital District, Broward County; providing for the relief of Justin Bates, a minor, by and through his mother and legal guardian, Cynthia Bates, and for the relief of Cynthia Bates, individually; providing an appropriation to compensate them for injuries sustained by Justin Bates as a result of the negligence of the North Broward Hospital District, d.b.a. Broward General Medical Center; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. HB 417-Withdrawn By Representatives Morroni, Safley, Stabins and Littlefield- HB 419-A bill to be entitled An act relating to mobile home parks; amending s. 723.037, F.S.; providing a maximum time period for written notice of mobile home lot rental amount increases or reduction in services or utilities; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representatives Feren, Stafford, Schultz, Kerrigan, Mackenzie, Bainter and Healey- HB 421-A bill to be entitled An act relating to juvenile justice; amending s. 39.042, F.S.; authorizing, in certain circumstances, the use of detention for juveniles who have been held in contempt; amending s. 39.043, F.S.; authorizing detention care for delinquent juveniles held in contempt; prohibiting placement of dependent juveniles in secure detention; providing placement requirements for juveniles alleged to be in need of services; authorizing placement of juveniles in need of services held in contempt in a staff-secure institutional shelter; amending s. 39.422, F.S., relating to placement in shelters, to conform; amending s. 39.044, F.S.; revising detention criteria and time periods; reenacting ss. 39.01(17), 39.038(4), 39.049(5), 39.052(1)(a), F.S., relating to definitions, release from custody, process and service, and hearings, to incorporate the amendments in references thereto; amending ss. 39.061, 39.064, F.S.; revising provisions relating to escapes; providing an effective date. February 8, 1994 OF REPRESENTATIVES 27 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Safley, Ogles, Thrasher, Hanson, Kerrigan, Constantine, Bainter, Barreiro, McClure, Posey, Klein, Brown and Kelly- HB 423-A bill to be entitled An act relating to education; amending s. 230.23, F.S.; authorizing district school boards to honor an order of expulsion of a student by another school board; providing procedures; amending s. 230.335, F.S.; providing requirements relating to notification of superintendents of schools of certain convictions of students; amending s. 232.26, F.S.; providing for suspension proceedings for students charged with committing certain acts; providing for evening alternative education programs; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Safley, Thrasher, Ogles, Hanson, Kerrigan, Bainter, Constantine, Barreiro, McClure, Posey, Klein, Brown and Kelly- HB 425-A bill to be entitled An act relating to the disclosure of juvenile records; amending s. 39.037, F.S., relating to taking a child into custody; requiring notification of district school superintendents of commission of certain acts; providing an exemption from public records requirements for information concerning such acts; providing for review and repeal; providing a statement of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Hawkes- HJR 427-A joint resolution proposing an amendment to Section 1, Article VII of the State Constitution, relating to taxation. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations, Finance & Taxation and Appropriations. By Representatives Feren, Sanderson, Rojas, Cosgrove, De Grandy, Merchant, Feeney, Morroni, Schultz, Mackenzie, Minton, Bainter, Geller, Ascherl, Arnall, Albright, King, Hill, Mackey, Mitchell, Gay, McClure, Dennis, Rayson, Roberts, Charles, Ogles, Bitner, Ritchie, Harris and Hanson- HB 429-A bill to be entitled An act relating to domestic violence and repeat violence; amending s. 741.30, F.S.; providing that domestic violence cases may be heard by a domestic violence hearing officer approved by the court who is a member in good standing of The Florida Bar; amending s. 784.046, F.S.; providing that a hearing with respect to repeat violence may be heard by repeat violence hearing officers approved by the court who are members in good standing of The Florida Bar; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Rudd, Mitchell, Armesto-Garcia, Bullard, Bronson, McMahan, Smith, Manrique, Harris, Charles, Littlefield, Boyd, Brown, Healey, Albright, Laurent, Casey, Ogles, Couch, Kelly, Ireland, Fuller, Arnall, Trammell, Sembler, Hawkes, Mackey, Tedder, R. Saunders, Mortham, Constantine, Starks, Villalobos, Garcia, Morse, Hanson, Thrasher, Bainter, Merchant, Futch, Kerrigan, Posey, Pruitt, Bitner, King, Safley, Sublette and McClure- HB 431-A bill to be entitled An act relating to juvenile justice; amending ss. 39.001 and 39.002, F.S.; revising legislative intent with respect to juvenile proceedings; amending s. 39.039, F.S.; authorizing the release for publication of specified information after adjudication; amending s. 39.042, F.S.; providing for use of detention for contempt of court; amending s. 39.043, F.S.; excepting punishment for contempt from the prohibited uses of detention; amending s. 39.044, F.S.; clarifying the conditions for extension of the 21-day period for detention; reenacting ss. 39.01(17) and 39.052(1)(a), F.S., relating to detention hearings and adjudicatory hearings to incorporate the amendments to ss. 39.042 and 39.044, F.S., in references thereto; amending s. 39.045, F.S.; providing for release for publication of a child's photograph under specified circumstances, and reenacting s. JOURNAL OF THE HOUSE OF REPRESENTATIVES 39.058(4)(1)2., F.S., relating to confidentiality of records of serious or habitual juvenile offenders, to incorporate said amendment in a reference; amending s. 39.049, F.S.; providing for a parent, custodian, or guardian to be taken into custody upon failure to obey a summons; creating s. 39.0495, F.S.; prohibiting an employer from dismissing, threatening with dismissal, or otherwise harassing a parent, custodian, or guardian for compliance with a summons; providing for contempt sanctions; amending s. 39.054, F.S.; providing for community service by a parent, custodian, or guardian of a juvenile offender; providing for use of promissory note for restitution; amending s. 232.01, F.S.; increasing the compulsory school attendance age to 18; reenacting ss. 228.041(29), 230.2316(4)(e)5., and 232.2468(1)(b) and (c), F.S., relating to dropouts, youth services program attendance, and habitual truancy rate and dropout rate, to incorporate the amendments to s. 232.01, F.S, in references thereto; amending s. 827.04, F.S.; imposing a parental duty to attempt to prevent the child's delinquent acts and providing penalties for specified omissions which contribute to delinquency; reenacting ss. 787.04(5) and 901.15(7)(a), F.S., relating to removal of a minor to prevent child abuse, and arrest for child abuse, to incorporate the amendments to s. 827.04, F.S., in references thereto; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Hanson- HB 433-A bill to be entitled An act relating to corrections; amending s. 20.315, F.S.; creating the Florida Corrections Commission; providing for membership, duties, and responsibilities; providing for review and evaluation of the state correctional system by the commission; providing for recommendations to the Governor and the Legislature; limiting the scope of the commission; amending s. 946.009, 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 Corrections and Appropriations. By Representative Gay- HB 435-A bill to be entitled An act relating to the State University System; amending s. 240.209, F.S.; providing for a facilities fee to be pledged for capital debt; providing for a one-time reduction of student tuition and matriculation fees equal to the facilities fee; dedicating a portion of the facilities fee for debt surety and revolving loans; amending s. 240.2093, F.S.; authorizing the Board of Regents to issue bonds and refinance existing bonds; authorizing the Board of Regents to approve a direct-support organization or other approved entity to issue bonds on its behalf; amending ss. 240.223 and 240.295, F.S.; conforming language; amending s. 240.296, F.S.; creating the State University System Facilities Loan and Debt Surety Program to replace the State University Housing Loan Fund; amending s. 240.299, F.S.; authorizing the direct-support organizations to enter into agreements for financing, constructing, or purchasing facilities; amending s. 243.01, F.S.; revising definitions; amending s. 243.02, F.S.; revising powers of the Board of Regents relating to issuing and managing debt; amending s. 243.03, F.S.; revising provisions relating to the issuance of revenue certificates; amending s. 243.04, F.S.; revising powers of the Board of Regents to secure debt service; amending s. 243.06, F.S.; revising remedies for the holders of revenue certificates; amending s. 243.09, F.S.; revising provisions relating to prohibitions against obligating the state; amending s. 243.10, F.S., relating to revenue certificates as obligations of the Board of Regents; creating s. 243.105, F.S.; providing tax-exempt status; providing the exercise of powers for public purpose; providing that debt of Board of Regents constitutes legal public investments; amending s. 243.11, F.S.; revising provisions relating to supplemental nature of law; amending s. 243.141, F.S.; providing duties of the State Board of Administration; amending s. 243.151, F.S.; revising provisions relating to lease agreements; repealing s. 235.222(2), F.S., relating to repayment of loans; repealing s. 240.294, F.S., relating to insurance on lease-purchase agreements; repealing ss. 243.07, 243.12, and 243.131, F.S., relating to deposit of proceeds from the sale of revenue certificates, short title, and federal aid; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Bush- HB 437-A bill to be entitled An act relating to vocational, adult, and community education; amending s. 239.117, F.S.; providing an exemption for certain students from payment of student fees; amending s. 239.301, F.S.; providing for academic services in the adult education program to certain middle school and high school students; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education, Finance & Taxation and Appropriations. By Representative Feeney- HB 439-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.05, F.S.; removing the tax on charges for detective, burglar protection, and other protection services; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Jones- HB 441-A bill to be entitled An act relating to fictitious names; amending s. 865.09, F.S.; prohibiting fictitious names from containing certain words or abbreviations; providing a penalty; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce. By Representatives Gay and Safley- HB 443-A bill to be entitled An act relating to corporations not for profit; amending s. 617.0831, F.S.; excluding directors of homeowners' associations from provisions providing for indemnification and liability of certain corporate personnel; amending s. 617.1908, F.S.; providing an exception to the nonapplication of the Florida Business Corporation Act to corporations not for profit; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce. By Representative Cosgrove- HB 445-A bill to be entitled An act relating to Dade County; providing for the relief of Rene Perez, to compensate him for serious and permanent personal injuries sustained as a result of the negligence of an employee of Dade County; providing for payment by the Board of County Commissioners of Dade County; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative De Grandy- HB 447-A bill to be entitled An act for the relief of Raul Eguaras; providing an appropriation to compensate him for severe and permanent orthopedic and neurological injuries sustained due to the negligence of the Department of Natural Resources; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Minton and Sembler- HB 449-A bill to be entitled An act relating to trucking; amending s. 316.550, F.S.; prohibiting the operation of oversize or overweight vehicles without special permits; providing fees; providing criteria to be contained in permits; providing penalties; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education, Finance & Taxation Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. and Appropriations. February 8, 1994 28 By Representative Martinez- HJR 451-SF-A proposed amendment to the Florida Constitution relating to the assignment of temporary judges upon agreement by the parties to a civil action. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Kerrigan- HCR 453-A concurrent resolution directing the Florida Attorney General to file suit in the United States Supreme Court against the United States Government, specified United States Government departments and agencies, and the official representatives of certain other countries, alleging violations of the civil rights of Prisoners of War or Missing in Action and to demand that documents concerning these individuals be released, and to urge the attorneys general of the other 49 states of the United States to join in this action. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs. By the Committee on Governmental Operations; Representative Boyd- HB 455-A bill to be entitled An act relating to confidentiality of information compiled by the Department of Banking and Finance; amending s. 687.144, F.S., which provides an exemption from public records requirements for material compiled by the department in investigations or examinations of loan brokers; revising the exemption and saving it from repeal; providing an exemption from public meetings requirements for meetings during which such information is discussed; amending s. 717.1301, F.S., which provides an exemption from public records requirements for material compiled by the department in investigations or examinations relating to unclaimed property; revising the exemption and saving it from repeal; providing for future review and repeal; providing findings of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 457-A bill to be entitled An act relating to confidentiality of information held by the Department of Legal Affairs under the Florida Crimes Compensation Act; amending ss. 960.15 and 960.28, F.S., which provide exemptions from public records requirements for confidential information obtained by the department or a hearing officer and for information which identifies an alleged victim of sexual battery who seeks payment of medical expenses; saving such exemptions from repeal; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 459-A bill to be entitled An act relating to confidentiality of records relating to examination of law enforcement officers; amending s. 943.173, F.S., which provides an exemption from public records requirements for such records; removing the exemption for examination results; saving such exemption from repeal; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 461-A bill to be entitled An act relating to confidentiality of certain law enforcement agency information; amending s. 925.055, F.S., which provides an exemption from public records requirements for names of confidential informants and other confidential information when audits of law enforcement investigative funds are performed; saving such exemption from repeal; providing for future review and repeal; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. 29 By the Committee on Governmental Operations; Representative Boyd- HB 463-A bill to be entitled An act relating to recommendations of the Criminal Justice Information Systems Council; reenacting s. 943.08(5), F.S., which directs the council, in its review of the rules and policies of the Division of Criminal Justice Information Systems, to make recommendations regarding the physical security of the criminal justice information system; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representative Futch- HB 465-A bill to be entitled An act relating to the tax on operation of commercial motor vehicles; amending s. 207.003, F.S.; specifying the rates levied under chapter 206, F.S., to be used in computing said tax; amending s. 207.004, F.S.; revising dates for display of identifying devices; providing for temporary fuel use permits in lieu of trip or emergency permits and driveaway permits in lieu of annual permits; revising provisions relating to securing permits; amending s. 207.005, F.S.; revising language relating to time of payment of the tax; providing a limitation on use of tax credits; amending s. 207.007, F.S.; revising penalties and interest applicable to delinquent taxes; amending s. 207.026, F.S.; including the disposition of the taxes on fuel and other pollutants in provisions which specify the method of allocation of the fuel use tax; amending s. 207.0281, F.S., which authorizes the Department of Highway Safety and Motor Vehicles to enter into cooperative reciprocal agreements, to include the International Fuel Tax Agreement; specifying that said section and such agreements supersede all other fuel tax requirements of chapter 207; amending s. 316.545, F.S., to conform; repealing s. 207.011(7), F.S., relating to an audit agreement between the Department of Revenue and the Department of Highway Safety and Motor Vehicles, and s. 207.029, F.S., which requires liability insurance, a surety bond, or self-insurance with respect to registered commercial motor vehicles; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation and Finance & Taxation. By the Committee on Governmental Operations; Representative Boyd- HB 467-A bill to be entitled An act relating to the confidentiality of certain medical records and information; amending s. 766.106, F.S., which provides an exemption from public records requirements for physical and mental examination reports held by health care providers in connection with medical malpractice actions; revising the exemption and saving it from repeal; amending s. 916.107, F.S., which provides an exemption from public records requirements for clinical records of forensic clients of the Department of Health and Rehabilitative Services; revising the exemption and saving it from repeal; amending s. 953.15, F.S., which provides an exemption from public records requirements for clinical assessment and treatment records of drug offenders in drug punishment programs; revising the exemption and saving it from repeal; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 469-A bill to be entitled An act relating to confidentiality of records relating to youthful offenders; repealing s. 958.13(2), F.S., which restricts access to records relating to the incarceration, rehabilitation, and postcustodial supervision of youthful offenders; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 471-A bill to be entitled An act relating to the confidentiality of certain medical records and information; amending s. 766.1115, F.S., which provides an exemption from public records requirements for patient medical records, adverse incident reports, and treatment outcome information obtained by governmental entities from health care providers February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES 30 contracting with governmental contractors; revising the exemption and saving it from repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representative Crady- HB 473-A bill to be entitled An act relating to state lands; amending s. 253.002, F.S.; authorizing the Board of Trustees of the Internal Improvement Trust Fund to delegate to the Department of Environmental Protection certain statutory duties or obligations related to the acquisition, administration, or disposition of lands; amending s. 253.025, F.S.; revising language with respect to the acquisition of state lands to authorize the board of trustees to accept the conveyance of certain lands when the title is nonmarketable; providing for the confidentiality of certain appraisal reports; authorizing the state to reimburse landowners for certain expenses; amending s. 253.111, F.S.; revising language with respect to notice to the board of county commissioners prior to a sale; providing for sale or disposition when no certified copy of a required resolution is received; providing that the failure of the board of trustees to comply with the requirements of the section shall not invalidate certain sales or conveyances; amending s. 259.101, F.S.; revising language with respect to the Florida Preservation 2000 Act to provide for the disposition of certain lands and to provide for the alternate governmental use of acquired lands; providing for retroactive application; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representatives Thrasher, Wise, Smith and Upchurch- HB 475-A bill to be entitled An act relating to Clay County; authorizing the Board of County Commissioners of Clay County to use the proceeds of the local government infrastructure surtax for the purpose of retiring or servicing bonded indebtedness incurred prior to July 1, 1987, to finance infrastructure and subsequently refunded; 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 Futch- HB 477-A bill to be entitled An act relating to driver licenses; amending s. 322.2615, F.S.; revising language with respect to the suspension of a driver's license and the right to review; providing a longer time period for a temporary license; deleting reference to the department and providing reference to the court with respect to suspensions; deleting informal review; deleting reference to hearing officers; amending s. 322.28, F.S.; conforming to the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representatives Morroni and Armesto-Garcia- HB 479-A bill to be entitled An act relating to insurance; amending s. 627.4137, F.S.; authorizing certain enforcement actions to compel production of certain information under certain circumstances; providing an entitlement to injunctive relief under certain circumstances; providing for recovery of economic damages and reasonable costs and attorney's fees; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representative Mitchell- HB 481-A bill to be entitled An act relating to viticulture; amending s. 561.221, F.S.; revising requirements relating to the conduct of wine tasting and sales by certified Florida Farm Wineries at specified events; amending s. 564.06, F.S.; eliminating future repeal of a provision requiring February 8, 1994 deposit into the Viticulture Trust Fund of a portion of the revenues collected from the excise taxes imposed on wine; amending s. 599.002, F.S.; revising the membership and responsibilities of the Viticulture Advisory Council; correcting a cross reference; eliminating future review and repeal; amending s. 599.003, F.S.; revising the State Viticulture Plan; eliminating future repeal; amending s. 599.012, F.S.; providing editorial changes to provisions relating to the Viticulture Trust Fund; repealing s. 599.001(4), F.S., relating to future repeal of the legislative declaration of public policy on viticulture; repealing s. 599.012(3), F.S., relating to future repeal of the Viticulture Trust Fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services, Finance & Taxation and Appropriations. By Representatives Jacobs, Klein and Greene- HB 483-A bill to be entitled An act relating to weapons and firearms offenses; amending s. 790.115, F.S.; prohibiting the possession or discharge of a weapon or firearm on an educational plant or ancillary plant, or in a vehicle located thereon, under specified circumstances; eliminating an exception under which a person may carry an encased firearm onto school property in a private vehicle; providing for penalties; providing exemptions for law enforcement officers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Harris, Pruitt, Bronson, Trammell, Mitchell, Minton, King, Posey, Starks, Sanderson, Sembler, Stabins, Buddy Johnson, Casey, Bitner, Manrique, Crady, Mackey, Albright, Rudd, Couch, Feeney, Kerrigan, Arnall, Fuller, Wise, Futch, Villalobos, Morroni, Bainter, McMahan, Long, Smith, Ritchie, Tedder, Boyd, Ireland, Benson, Merchant, Webster, Jones, Valdes, Morse, Rojas, Barreiro, Littlefield, Mortham, Armesto-Garcia, Thrasher, Thomas, Hawkes, Gay, Eggelletion and Dawson- HB 485-A bill to be entitled An act relating to private property rights; creating s. 73.30, F.S.; creating the Private Property Rights Act of Florida; creating s. 73.31, F.S.; providing for inverse condemnation; creating s. 73.32, F.S.; providing exceptions; creating s. 73.33, F.S.; providing for the extent and election of a remedy; creating s. 73.34, F.S.; providing for the rescission of certain regulations; creating s. 73.35, F.S.; providing for legal challenges; creating s. 73.36, F.S.; providing for a tax adjustment; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By the Committee on Tourism & Economic Development; Representatives Reddick, Shepard, Constantine, Sublette, Brown, Rudd, Thrasher, McAndrews, Merchant, R. Saunders, Hawkins, Stafford, Ritchie, Tedder and Bullard- HB 487-A bill to be entitled An act relating to historic properties; amending s. 258.007, F.S., relating to the authority of the Division of Recreation and Parks of the Department of Environmental Protection for administering historical markers; amending s. 267.021, F.S.; defining the term "Official Florida Historical Marker"; amending s. 267.061, F.S.; providing for coordination and direction of the state historical marker program by the Division of Historical Resources of the Department of State; providing duties of the division; creating the State Historical Marker Council; providing for fees; amending s. 267.0612, F.S., relating to the powers and duties of the Historic Preservation Advisory Council; amending s. 267.0617, F.S.; clarifying those projects eligible for grants-in- aid; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Appropriations. By Representative Peeples- HB 489-A bill to be entitled An act relating to public construction; amending s. 287.084, F.S.; including construction services within those services which may receive a preference in the competitive bidding process if the bidder is a Florida business; prohibiting any county, municipality, school district, or other political subdivision of the state from granting its JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSI local businesses bid preferences over other Florida businesses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By Representative Hanson- HB 491-A bill to be entitled An act relating to driver license renewal; amending s. 322.18, F.S.; deleting reference to license renewal for 6-year period; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Hanson- HB 493-A bill to be entitled An act relating to the costs of prosecution; amending s. 939.01, F.S.; providing that certain costs collected by the state attorney shall be deposited with the county or into the state attorney's grants and donations trust fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Couch- HB 495-A bill to be entitled An act relating to municipalities; authorizing municipalities to enforce ordinances and prescribe penalties for violations of municipal ordinances; prescribing limitations; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By the Committee on Governmental Operations; Representative Boyd- HB 497-A bill to be entitled An act relating to confidentiality of information relating to determination of paternity; repealing s. 742.09, F.S., which provides a penalty for publishing the name of any party to a court proceeding under chapter 742, F.S.; amending s. 742.091, F.S., which provides an exemption from public records requirements for records pertaining to a child whose parents marry after its birth; providing that the records of all paternity court proceedings shall be 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). Placed on the Calendar without reference. By the Committee on Health Care; Representative Graber- HB 499-A bill to be entitled An act relating to perinatal, neonatal, infant, and toddler health care; amending s. 383.15, F.S.; revising legislative intent relating to perinatal care services; amending s. 383.16, F.S.; revising definitions; amending s. 383.17, F.S.; providing for a regional perinatal intensive care centers program; deleting reference to grants to health care providers; amending s. 383.18, F.S.; providing for contracts with the Department of Health and Rehabilitative Services; providing for medical and financial eligibility; amending s. 383.19, F.S.; providing for transportation services; providing for Medicaid reimbursement; revising priority consideration for establishment of centers; amending s. 383.21, F.S.; revising requirements for program review; dividing, transferring, renumbering, and amending s. 383.215, F.S.; providing for developmental evaluation and intervention programs for high-risk and disabled newborn infants; providing definitions; specifying program requirements and services; requiring the department to coordinate with specified agencies; requiring the Department of Education to develop specified programs; creating s. 391.305, F.S.; providing for standards and rulemaking; creating s. 391.306, F.S.; providing for program funding; authorizing the Department of Health and Rehabilitative Services to contract with providers; creating s. 391.307, F.S.; requiring annual program review; repealing s. 383.144, F.S., relating to the infant hearing impairment program; repealing s. 383.171, F.S., relating to grants to neonatal intensive care centers; repealing s. 383.212, F.S., relating to program review, evaluations, and projections for neonatal intensive care centers; providing an effective date. February 8, 1994 E OF REPRESENTATIVES 31 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Appropriations. By Representative Kerrigan- HB 501-A bill to be entitled An act relating to Okaloosa County; repealing ch. 90-412, Laws of Florida; abolishing the Fort Walton Beach Area Bridge 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 and Finance & Taxation. By Representative Goode- HB 503-A bill to be entitled An act relating to supplemental corporate fees; amending s. 617.01225, F.S.; exempting certain nonprofit corporations from such fees; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce, Finance & Taxation and Appropriations. By Representatives Goode, Ogles and Stafford- HB 505-A bill to be entitled An act relating to victims of crimes; amending s. 960.001, F.S.; requiring the chief correctional officer of a county jail, municipal jail, juvenile detention facility, or involuntary commitment facility to notify victims of crimes of the release of an offender; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Glickman- HB 507-A bill to be entitled An act relating to corporations not for profit; repealing s. 617.01225, F.S., relating to the supplemental corporate fee; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Littlefield- HB 509-A bill to be entitled An act relating to political endorsements; amending s. 106.011, F.S.; defining the term "registered name"; amending s. 106.03, F.S.; revising the registration requirements of political committees; amending s. 106.04, F.S., relating to committees of continuous existence, and reenacting subsection (2), to incorporate the amendment to s. 106.03, F.S., in a reference thereto; prescribing content of campaign finance reports; amending s. 106.07, F.S.; providing for identification of certain political contributors; prescribing content of campaign finance reports; creating s. 106.145, F.S.; requiring the publication in a political advertisement of the registered name of political committees, committees of continuous existence, and other organizations that endorse or oppose a candidate for public office or an issue appearing on a ballot; providing a civil penalty; reenacting s. 106.29(1)(a), F.S., relating to reports, to incorporate the amendment to s. 106.07, F.S., in a reference thereto; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections. By Representatives Morse, Rayson and Jacobs- HB 511-A bill to be entitled An act relating to dentistry; amending s. 466.007, F.S.; revising requirements for examination of dental hygienists; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Appropriations. By Representative Thomas- HB 513-A bill to be entitled An act relating to water safety; amending s. 327.37, F.S.; prohibiting persons from engaging in water skiing, aquaplaning, or similar activities unless wearing an approved personal flotation device; amending s. 327.54, F.S.; prohibiting liveries from renting JOURNAL OF THE HOUSE OF REPRESENTATIVES vessels to persons who are not wearing approved personal flotation devices; creating s. 327.545, F.S.; prohibiting persons from operating or being passengers in a canoe unless wearing an approved personal flotation device; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources. By Representative Littlefield-- HB 515-A bill to be entitled An act relating to traffic control; amending s. 337.11, F.S.; prohibiting the Department of Transportation and any entity with which the department contracts from contracting with law enforcement officers to perform traffic control functions at work zone areas; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation and Appropriations. By Representative Cosgrove- HB 517-A bill to be entitled An act relating to circuit and county courts; amending s. 28.07, F.S.; providing that the Official Records books of the county shall be kept at the county seat; amending s. 28.222, F.S.; providing for public inspection of records; creating s. 28.235, F.S.; authorizing the clerk of the circuit court to make advance payments on behalf of the county for certain goods and services; amending s. 55.10, F.S.; revising the amount of the deposit with the clerk of the court for transfer of claims of lien; amending s. 55.505, F.S.; requiring an execution or other process of enforcement of a foreign judgment to be filed in county or circuit court; amending s. 57.081, F.S.; limiting the services of the courts, sheriffs, and clerks provided without charge to indigent persons; requiring detailed financial disclosure in the affidavit required for certification of indigency; revising requirements when represented by attorney; amending s. 125.222, F.S.; providing that the Official Records books of the county shall be kept at the county seat; amending s. 189.418, F.S.; authorizing the clerk of the circuit court to perform management audits of special districts under certain circumstances; amending s. 382.022, F.S.; changing monthly deadline for county court judges and clerks of the circuit courts to transmit marriage application fees; amending s. 553.04, F.S.; providing that bonds of plumbing contractors are filed with county code enforcement rather than the clerk of the circuit court; amending s. 695.26, F.S.; revising requirements for recording documents affecting real property with the clerk of the circuit court; amending s. 925.037, F.S.; eliminating reports by the clerk of the circuit court under certain circumstances; repealing s. 28.17, F.S., relating to verification of documents; repealing s. 28.19, F.S., relating to service charges; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By Representative Casey- HB 519-A bill to be entitled An act relating to drivers' licenses; amending s. 322.21, F.S.; increasing delinquent license fees; providing for the disposition of the additional funds; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Reddick- HB 521-A bill to be entitled An act relating to ad valorem taxation; amending ss. 193.011 and 193.023, F.S.; directing the property appraisers to consider rent restrictions on qualified low-income housing tax credit developments in arriving at just valuation of such property and to use the capitalization of income method in assessing the value of rental units which are such developments; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Reddick- HB 523-A bill to be entitled An act relating to growth management data; amending s. 282.403, F.S.; revising the Florida Growth Management Data Network Coordinating Council; revising the title, purpose, and membership; providing duties relating to the sharing of geographic data and growth management comprehensive plan data; defining the term "geographic data"; repealing s. 282.402, F.S., relating to the Florida Growth Management Data Communications Network; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By Representative Villalobos- HB 525-A bill to be entitled An act relating to domestic violence offenses; amending s. 784.011, F.S.; defining the offense of domestic assault; providing penalties; amending s. 784.03, F.S.; defining the offense of domestic battery; providing penalties; amending s. 741.30, F.S.; providing for a system of statewide and circuitwide verification of injunctions for protection against domestic violence; amending s. 784.046, F.S.; allowing the chief judge to authorize municipal law enforcement officers to effect service of protective injunctions against domestic violence or repeat violence upon respondents who have been located but not yet served; reenacting ss. 741.2902(2), 741.31, 784.048(4), and 901.15(6) and (8), F.S., relating to legislative intent with respect to injunctions for protection against domestic violence, penalties for violations of such injunctions, penalties for violations of injunctions for protection against repeat violence, and arrests without warrants for injunctive violations, to incorporate the amendments to ss. 741.30 and 784.046, F.S., in references thereto; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Casey, Bainter and Kerrigan- HB 527-A bill to be entitled An act relating to creation of the Florida Agriculture Center and Horse Park Authority; creating s. 570.951, F.S.; providing legislative findings; creating s. 570.952, F.S., establishing the Florida Agriculture Center and Horse Park Authority; providing membership, powers and duties, meetings and procedures, official action, and per diem; requiring annual reporting; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services and Appropriations. By the Committee on Governmental Operations; Representative Boyd- HB 529-A bill to be entitled An act relating to confidentiality of Department of Corrections records; amending s. 945.10, F.S., which provides an exemption from public records requirements for certain records of the department; revising the exemption and saving it from repeal; specifying the records that are so exempt; authorizing release to certain entities and providing conditions for such release; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 531-A bill to be entitled An act relating to confidentiality of information and proceedings associated with certain risk management programs; amending s. 768.28, F.S., which authorizes the state and its agencies and subdivisions to enter into risk management programs in anticipation of tort claims and which provides that claims files and related discussions are privileged and exempt from public records requirements and that proceedings of such programs and minutes thereof are exempt from public records and meetings requirements; revising these exemptions and saving them from repeal; deleting the privileged status of such files and discussions; providing that persons privy to claim evaluation discussions shall not be subject to subpoena until termination of litigation and settlement of claims; providing a finding of public necessity; providing an effective date. 32 February 8, 1994 First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 533-A bill to be entitled An act relating to the confidentiality of medical information relating to certain infectious diseases; amending s. 760.50, F.S., which provides an exemption from public records requirements for medical information held by a public employer; revising the exemption and saving it from repeal; amending s. 796.08, F.S., which provides an exemption from public records requirements for test results for sexually transmissible diseases and HIV relating to a person who injures an officer, firefighter, paramedic, or emergency medical technician; revising the exemption and saving it from repeal; amending s. 951.27, F.S., which provides an exemption from public records requirements for blood test results of inmates; revising the exemption and saving it from repeal; amending s. 960.003, F.S., which provides an exemption from public records requirements for test results of persons convicted or charged with certain offenses; revising the exemption and saving it from repeal; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 535-A bill to be entitled An act relating to confidentiality of condominium and cooperative association financial reports; amending ss. 718.111 and 719.104, F.S.; deleting the requirement that such reports be furnished to the Division of Florida Land Sales, Condominiums, and Mobile Homes and held confidential by the division; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representatives Smith and Kerrigan- HB 537-A bill to be entitled An act relating to mental health; amending s. 394.463, F.S.; authorizing licensed mental health counselors to certify persons for involuntary examination under "The Baker Act"; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Aging & Human Services and Appropriations. By Representatives Smith and Kerrigan- HB 539-A bill to be entitled An act relating to motor vehicles; amending s. 325.223, F.S.; prohibiting the addition of refrigerants to a motor vehicle air conditioner under certain circumstances; providing exceptions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representative Hill- HB 541-A bill to be entitled An act relating to weapons and firearms; amending s. 790.115, F.S.; revising the prohibition against exhibiting a firearm or certain other destructive devices on school grounds or school facilities to prohibit any such action within a specified area of the property comprising an elementary school, middle school, or secondary school; amending s. 790.31, F.S.; defining the term "armor-piercing slug"; prohibiting the manufacture, sale, delivery, and possession of such ammunition, for which criminal penalties and certain law enforcement exemptions are provided by law; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives McClure and Kerrigan- HB 543-A bill to be entitled An act relating to the disposition of unclaimed property; amending s. 717.135, F.S.; providing for a required notice with respect to certain agreements entered into to pay compensation to recover abandoned property; providing an effective date. 33 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce. By Representative Hawkins- HB 545-A bill to be entitled An act relating to financial matters; amending s. 18.10, F.S.; providing that investment-related equipment associated with investments of state money by the Treasurer is exempt from chapter 287, F.S., relating to procurement of property; amending s. 18.125, F.S.; revising the annual assessment made against the average daily balance of funds made available by state agencies and the judicial branch for investment by the Treasurer; amending s. 20.13, F.S.; eliminating the Division of Benefits within the Department of Insurance and providing for assumption of its duties by the Division of Treasury; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations, Finance & Taxation and Appropriations. By Representatives Smith and Kerrigan- HB 547-A bill to be entitled An act relating to trust funds; amending s. 215.22, F.S.; exempting trust funds administered by the Department of Military Affairs from the 7-percent service charge imposed for the cost of general government; dismissing previously assessed charges and late penalties and absolving the department of obligations incurred with respect thereto; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Kelly- HB 549-A bill to be entitled An act relating to unfair price discrimination in drug pricing; creating s. 499.0145, F.S.; providing definitions; requiring sellers of drugs to offer drugs which have been approved by the federal Food and Drug Administration to every purchaser in the state; providing for damages in the event of 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 Business & Professional Regulation and Appropriations. By Representatives Feren and Kerrigan- HB 551-A bill to be entitled An act relating to actions under the antitrust laws; amending s. 16.53, F.S., relating to the Legal Affairs Revolving Trust Fund; revising the percentages of moneys recovered by the Attorney General, for purposes of deposit into the fund; revising the amount of excess moneys for transfer to the General Revenue Fund at the end of the fiscal year; reenacting and amending ss. 337.166 and 895.09(2) and (3), F.S., relating to antitrust claims and disposition of forfeiture proceeding funds, to conform; amending s. 542.26, F.S.; imposing a 5-year limitation of actions period for the commencement of criminal and civil antitrust actions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By Representatives McClure, Ogles, D. Saunders, Brown, Bitner and Kerrigan- HB 553-A bill to be entitled An act relating to sentencing; requiring courts to state the dates projected for defendants to be released based upon information provided by the Department of Corrections; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representatives McAndrews, Lippman, Rayson and Kelly- HB 555-A bill to be entitled An act relating to pharmacy; creating s. 465.192, F.S.; establishing the Committee on Therapeutic Alternatives; providing membership; requiring development of a formulary of February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES therapeutic alternatives; providing for adoption of the formulary by the Boards of Medicine, Osteopathic Medicine, and Pharmacy; providing duties of pharmacists with respect to therapeutic alternatives; providing a prohibition on unfair discrimination in certain distribution of prescription drugs; providing exemptions; providing for civil actions by persons injured by unfair discrimination; directing the Agency for Health Care Administration to study state procurement of prescription drugs and provide recommendations; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representative Bush- HB 557-A bill to be entitled An act relating to educational finance; amending s. 236.081, F.S.; providing for the funding of children enrolled in child care centers operated by district school boards within area vocational-technical centers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Rush- HB 559-A bill to be entitled An act relating to the Patient Self- Referral Act of 1992; amending s. 455.236, F.S.; including pharmaceutical services as designated health services; including additional plans of care which do not constitute a referral; exempting certain facilities that provide diagnostic imaging services; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representative Roberts- HB 561-A bill to be entitled An act relating to Brevard County; providing for the relief of Julian S. Mangum, Sr., to compensate him for the loss of his business inventory taken by the Brevard County Sheriff's Department; providing for payment by the Brevard County Sheriffs Department; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By the Committee on Governmental Operations; Representative Boyd- HB 563-A bill to be entitled An act relating to information identifying sexual offense victims; providing that s. 794.03, F.S., which prohibits the publication or broadcasting of such information, shall not be subject to legislative review and October 1, 1994, repeal under the Open Government Sunset Review Act; providing for future review and repeal; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representative Edwards- HB 565-A bill to be entitled An act relating to juveniles; amending s. 39.057, F.S.; providing program requirements for a boot camp operated by the Department of Health and Rehabilitative Services, a county, or a municipality; authorizing the department to revise the length of stay necessary for successful completion of a boot camp program and the aftercare component of such program; requiring a minimum period of participation in the boot camp program; requiring the district juvenile justice board to select a new provider if the operation of a boot camp program is terminated; providing training requirements for the staff of a boot camp program; providing certification requirements for instructors of training courses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Thrasher and Kerrigan- HB 567-A bill to be entitled An act for the relief of Barbara E. A. Smith, widow of Lyman Michael Raymond Smith, deceased; providing an appropriation to compensate her for the death of Lyman Michael Raymond Smith; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Clemons, Rudd, Bronson, Futch, Posey, Pruitt, Cosgrove, Harris, Kelly, Manrique, McClure, Ritchie and D. Saunders- HB 569-A bill to be entitled An act relating to administrative procedures; amending s. 120.54, F.S.; requiring the filing of a certain number of copies of certain documents with the Administrative Procedures Committee; revising language with respect to changes to proposed rules; amending s. 120.545, F.S.; providing a procedure for the temporary suspension of certain proposed or existing rules; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agency Rules, Select and Finance & Taxation. By the Committee on Governmental Operations; Representative Boyd- HB 571-A bill to be entitled An act relating to confidentiality of mobile home park financial records; amending s. 723.006, F.S., which provides an exemption from public records requirements for such records acquired by the Division of Florida Land Sales, Condominiums, and Mobile Homes pursuant to investigations under the Florida Mobile Home Act; revising the exemption and saving it from repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Governmental Operations; Representative Boyd- HB 573-A bill to be entitled An act relating to the furnishing of criminal history information to private contractors operating correctional facilities; amending s. 943.053, F.S.; authorizing sheriffs and the Department of Corrections to provide criminal history records to private entities operating county detention facilities or correctional facilities; repealing s. 951.062(9), F.S., which authorizes the Division of Criminal Justice Information Systems, the Department of Corrections, the county, and the sheriff to furnish such information to contractors operating county detention facilities pursuant to law unless legally impermissible; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. HB 575-Withdrawn By Representative Minton- HB 577-A bill to be entitled An act relating to the Administrative Procedures Act; amending s. 120.59, F.S.; deleting an exclusion of nonprevailing agencies from provisions relating to recovery of certain costs and fees; deleting a definition; amending s. 120.68, F.S.; entitling prevailing parties other than agencies in judicial review of final agency actions to recover costs and reasonable attorney's fees; requires such costs and fees to be paid from an agency's budget under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agency Rules, Select and Finance & Taxation. By Representatives Morroni, Ogles and Kerrigan- HB 579-A bill to be entitled An act relating to child abuse; amending s. 827.071, F.S.; prohibiting the photographing of certain children in a clandestine fashion under certain circumstances; prohibiting the possession of certain photographs; providing for prima facie evidence of the illegal use of certain materials; providing penalties; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). 34 February 8, 1994 JOURNAL OF THE HOUSE Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Feren and Kerrigan- HB 581-A bill to be entitled An act relating to attorney's fees in domestic cases; amending s. 61.16, F.S.; providing that the court may award attorney's fees in the prosecution or defense of an appeal in domestic cases; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Feeney- HB 583-A bill to be entitled An act relating to education; creating the "Parental Choice in Education Act"; providing purpose and definitions; providing duties of the Department of Education and district school boards; providing for the admission to participating schools of children with educational certificates; requiring agreements between participating schools and district school boards; providing standards and requirements for participating schools; restricting regulation of private schools; providing for the value of certificates and their redemption; providing eligibility for low-income students; providing for Choice Information Centers; providing for personal education accounts; authorizing establishment of Public Schools of Excellence; authorizing transportation service; providing for severability; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Rayson- HB 585-A bill to be entitled An act relating to Dade County; providing for the relief of Ana Kirman; providing an appropriation to compensate her for injuries sustained as a result of the negligence of Dade County and the Miami Transit Authority; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative Stabins- HB 587-A bill to be entitled An act releasing a reversionary interest of the state in certain lands in Hernando County; repealing s. 1(4), ch. 76- 254, Laws of Florida, which provided for a reverter to the state in 10 acres of land directed to be conveyed to the Guidance Center of Hernando County for use as a permanent facility; directing the Board of Trustees of the Internal Improvement Trust Fund to release the reversionary interest; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Natural Resources and Appropriations. By Representative Arnold- HB 589-A bill to be entitled An act relating to Lee County; providing intent; amending chapter 63-1552, Laws of Florida, as amended; providing additional qualifications for candidates for election to the Hospital Board of Directors of Lee County; prohibiting persons who are owners, officers, agents, or employees of other hospitals from being candidates for the office of director on said board; prohibiting persons who are litigating against the Hospital Board of Directors of Lee County from being candidates for the office of director on said board; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Health Care. By Representatives De Grandy, Lawson and Jacobs- HB 591-A bill to be entitled An act for the relief of Arnett T. Goins, Minnie L. Langley, Lonnie Carroll, Willie Evans, Dorothy Hosey, Margie Hall, Wilson Hall, Mary Hall, Lillie Washington, Berthina Fagin, Eva Jenkins, Vera Hamilton, Arnett Doctor, Yvonne Doctor, Doris Jones, Earnest Brockington, Wesley D. Bailey, Robert King, Barbara Woods, Mae February 8, 1994 SOF REPRESENTATIVES 35 E. McDonald, Ella M. Reddick, Rosetta Jackson, Clarence Pollard, Bobbie Bradley, Rollie Owah, Queen Manley, Annie B. Lee, Altamese Wrispus, Thelma Evans Hawkins, Virginia Briscoe, Willie Mae Thomas, Helen Crockett Taylor, Galbesper N. Bradley, Jr., Wesley J. Bradley, Leruth Bradley, Charlene Bradley, Gail Bradley, Tadga Bradley, Edwin Bradley, Janie M. Bradley, Mary Bradley, Rose Wooten, Berthnia Edwards, Leona Taylor, Larcel Edwards, Martha J. Edwards, Vivian Edwards, Abraham Edwards, Wilbert Edwards, Jr., Joseph Edwards, Maud Edwards, Queen E. Edwards, Helen D. Edwards, Earvin Edwards, Albert Edwards, and Dorothy Edwards as the victims of the Rosewood Massacre; providing an appropriation to compensate each of them for injuries they sustained as a result of the massacre and destruction of the property of the African- American citizens of Rosewood during the month of January 1923; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Morse- HJR 593-A joint resolution proposing the creation of Section 19 of Article VII and Section 21 of Article XII of the State Constitution relating to a sales tax increase for correctional purposes. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections, Finance & Taxation and Appropriations. By Representative Valdes- HB 595-A bill to be entitled An act relating to operating a vehicle while under the influence; amending s. 316.193, F.S.; extending the time period for penalty provisions; providing for 48 hours of consecutive incarceration; amending s. 322.2615, F.S.; providing for a 30-day temporary permit; providing a time period during which certain persons whose licenses have been suspended shall not be eligible to receive a driver's license; amending s. 322.64, F.S.; providing for a 30-day temporary permit; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Geller- HB 597-A bill to be entitled An act relating to public adjusters; amending s. 626.854, F.S.; limiting authority of public adjusters who are acting on behalf of or aiding an insured in negotiating or settling certain claims; providing an exception; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance. By the Committee on Governmental Operations; Representative Boyd- HB 599-A bill to be entitled An act relating to grand jury testimony and proceedings; reenacting and amending s. 905.27(1) and (2), F.S., which prohibits disclosure of the testimony of a witness before, or other evidence received by, a grand jury; specifying that a witness may disclose his or her own testimony after the grand jury term has ended; reenacting s. 905.395, F.S., which prohibits disclosure of statewide grand jury proceedings or the identity of persons referred to or being investigated; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representatives Wallace and Morroni- HB 601-A bill to be entitled An act relating to drug abuse prevention and control; amending s. 893.138, F.S.; providing additional circumstances which may constitute a nuisance subject to local administrative action; providing for additional action which may be taken by a nuisance abatement board; providing a definition; providing an effective date. First reading by publication (Art. m, s. 7, Florida Constitution). 36 JOURNAL OF THE HOUSE Referred to the Committee(s) on Judiciary. By Representative Rayson- HB 603-A bill to be entitled An act relating to motor vehicle insurance contracts; creating s. 627.7265, F.S.; prohibiting certain policies from containing exclusions based on family membership; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. HB 605-Withdrawn By Representatives Graber and McAndrews- HB 607-A bill to be entitled An act relating to adoption proceedings; amending s. 63.162, F.S.; providing exceptions to the confidentiality of records; providing fees; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Finance & Taxation. By Representative Sembler- HB 609-A bill to be entitled An act for the relief of Lori Burns, wife of Samuel A. Burns, deceased; providing an appropriation to compensate her for moneys paid into the Florida Retirement System by her husband, Samuel A. Burs; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Eggelletion- HB 611-A bill to be entitled An act relating to the district school tax; amending s. 236.25, F.S.; increasing the maximum millage levy for capital facilities; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education, Finance & Taxation and Appropriations. By Representatives Buddy Johnson and Davis- HB 613-A bill to be entitled An act relating to fireworks; amending s. 791.01, F.S.; redefining the term "fireworks"; amending s. 791.02, F.S.; providing that any county or incorporated municipality may enact ordinances adopting reasonable restrictions and regulations for the sale and use of certain novelties and trick noisemakers, sparklers, toy pistols, toy canes, and other similar devices; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By Representative Benson- HB 615-A bill to be entitled An act relating to human immunodeficiency virus; amending s. 384.25, F.S.; requiring physician reporting of HIV infection to the county public health unit for specified purposes; revising requirements for county public health unit reporting of HIV infection to the State Health Office; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representatives Mackey and Kerrigan- HB 617-A bill to be entitled An act relating to building designations; designating the craft building at Stephen Foster Center as "Cousin Thelma Boltin's Craft and Gift Shop"; directing the Stephen Foster Center to erect suitable markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development. By Representative Mackey- HB 619-A bill to be entitled An act relating to road designations; designating the south gate entrance into Stephen Foster Center as "Lillian Saunders Drive"; directing Stephen Foster Center to erect suitable markers; providing an effective date. _ _ E OF REPRESENTATIVES February 8, 1994 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development. By Representative Feren- HB 621-A bill to be entitled An act relating to construction contracting; amending s. 489.117, F.S.; providing that a provision of law relating to specialty contractors shall not affect the application of certain local construction licensing ordinances which license specialty contractors; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By Representative Tedder- HB 623-A bill to be entitled An act relating to public schools; amending s. 233.0615, F.S.; requiring a character development and law education program in each public school; prescribing program content; amending s. 229.592, F.S.; deleting the character development and law education program from the list of programs under the state system of school improvement and educational accountability that may be held in abeyance because of the lack of a specific appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Davis- HB 625-A bill to be entitled An act relating to Pinellas County; providing for the relief of Lawrence P. Brown as Personal Representative of the Estate of Judith A. Brown and as surviving father of Judith A. Brown; providing an appropriation to compensate him for damages resulting from the death of his daughter, Judith A. Brown, due to the negligence of the Pinellas County Sheriffs Office; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representatives Brown, McClure, Ogles and Gay- HB 627-A bill to be entitled An act relating to the Ringling Museum of Art; amending s. 265.26, F.S.; providing for expiration of the terms of office of members of the board of trustees of the museum; deleting certain requirements for reimbursement of travel expenses for members of the board of trustees; providing additional duties of the direct-support organization; providing for funds received from admissions and rentals to be used by the direct-support organization; requiring that the financial accounts of the direct-support organization be audited by an accountant selected by the board of trustees; revising the requirements for the expenditures for public relations; deleting certain limitations on credit card payments; amending s. 265.261, F.S.; revising definitions with respect to the museum's direct-support organization; amending s. 265.27, F.S.; authorizing the board of trustees to loan artifacts owned by the museum; authorizing loans to other museums; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development and Appropriations. By Representatives Fuller and Kerrigan- HB 629-SF-A bill to be entitled A proposal relating to criminal sentencing; requiring that a defendant be sentenced to life imprisonment without the possibility of parole upon conviction of three felonies; imposing third degree felony penalties upon any county or state judge or other official who commits specified acts in violation of this sentencing requirement. First reading by publication (Art. III, s. 7, Florida Constitution). JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Crady- HB 631-A bill to be entitled An act relating to illegal dumping; amending s. 810.011, F.S.; adding definitions; amending s. 810.09, F.S.; providing a penalty for unlawful dumping of litter; amending s. 810.12, F.S.; providing certain unlawful dumping is prima facie evidence of intent to commit trespass; providing a rebuttable presumption; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Bainter and Kerrigan- HB 633-A bill to be entitled An act relating to judgments, decrees, or settlements; amending ss. 55.03 and 627.4265, F.S., and creating s. 602.076, F.S.; revising the interest rate used with respect to certain judgments, decrees, or settlements; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representatives Merchant and Kerrigan- HB 635-A bill to be entitled An act relating to process and service of process; amending s. 30.231, F.S.; increasing sheriffs' fees for service and providing for levy fees; revising language with respect to expenses; reenacting ss. 11.143(3)(d) and 106.26(1), F.S., relating to standing or select committees and powers of the commission, to incorporate said amendment in references thereto; amending s. 48.021, F.S.; revising language with respect to service of process; authorizing the addition of certain process servers; amending s. 48.183, F.S.; revising provisions relating to service of process in actions for possession of premises; amending s. 83.241, F.S.; revising language with respect to removal of a mobile home tenant; amending s. 83.62, F.S.; revising provisions relating to restoration of possession to landlord; amending s. 723.062, F.S.; providing for execution of writ of possession of mobile home; amending s. 56.21, F.S.; revising provisions relating to execution sales; reenacting s. 56.22, F.S., relating to execution sales, to incorporate said amendment in a reference thereto; amending s. 701.04, F.S.; providing for return of writ of execution on mortgage, lien, or judgment; amending s. 741.2902, F.S., relating to domestic violence to authorize payment to the sheriff of certain fees; amending s. 784.046, F.S.; providing for service with respect to repeat violence at certain times; amending s. 475.483, F.S., relating to recovery from the Real Estate Recovery Fund; requiring an affidavit; repealing s. 56.24, F.S., relating to execution sales where there is no courthouse; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By the Committee on Community Affairs; Representative R. Saunders- HB 637-A bill to be entitled An act relating to the restoration of Florida Bay; providing legislative findings; providing an appropriation; requiring a land management plan; requiring a report; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By Representatives D. Saunders and Arnall- HB 639-A bill to be entitled An act relating to real property; providing that ss. 689.01-698.26, F.S., are designated as part I of chapter 689, F.S.; creating s. 689.55, F.S.; creating the Real Property Condition Disclosure Act of 1994; creating s. 689.56, F.S.; providing legislative purpose; creating s. 689.57, F.S.; providing for application; creating s. 689.58, F.S.; providing exemptions; creating s. 689.59, F.S.; providing for delivery of a required written statement from a property owner to a prospective buyer; creating s. 689.60, F.S.; providing for errors, inaccuracies, or omissions of information delivered; providing for liability; providing for delivery of information by a public agency; providing for delivery of reports or opinions prepared by experts; creating s. 689.61, F.S.; providing for information subsequently rendered inaccurate; providing requirements where required information is unknown or not available; creating s. 689.62, F.S.; providing for a disclosure form; creating s. 689.64, F.S.; providing for the duty of the prospective buyer to exercise reasonable care; creating s. 689.65, F.S.; providing that disclosure under the part is not a limitation to other required disclosure; creating s. 689.66, F.S.; providing for failure to comply; providing that the transfer is not invalidated; providing for damages; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representatives Mackenzie, Martinez, Chestnut, Lippman, Sanderson, Ritchie, Stafford, Gordon, Abrams, Brennan, Glickman, Lawson, Bullard, Littlefield and Greene- HB 641-A bill to be entitled An act relating to capital felonies; amending ss. 921.141 and 921.142, F.S.; providing for a separate proceeding to determine whether a person convicted of a capital felony is mentally retarded; prescribing the penalty to be imposed if the defendant is determined to be mentally retarded; amending s. 924.07, F.S.; permitting the state to appeal a determination that a capital felon is mentally retarded; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Ritchie- HB 643-A bill to be entitled An act relating to the Council on Postsecondary Accreditation; directing that the name of the council be changed in the Florida Statutes; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education. By Representative Clemons- HB 645-A bill to be entitled An act relating to early education and child care; amending s. 411.222, F.S.; establishing a study committee to recommend certain consolidation; providing for payment of per diem and expenses; providing membership of the committee; requiring recommendation of a plan; amending s. 230.2305, F.S.; revising provisions relating to children served by the prekindergarten early intervention program; creating s. 230.2306, F.S.; providing for availability of home visitor programs and intensive parent education programs; providing for funding; requiring criteria for participation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Sembler- HB 647-A bill to be entitled An act relating to ad valorem tax administration; amending s. 197.332, F.S.; providing that tax collectors shall be allowed to collect attorney's fees and court costs in performing their duties; amending s. 197.402, F.S.; revising the number of advertisements required for real property with delinquent taxes; amending s. 197.413, F.S.; providing that the tax collector is not required to issue a warrant for delinquent personal property taxes of less than $50; providing an additional fee for each warrant issued; amending ss. 197.462 and 197.472, F.S.; increasing the fees collected by tax collectors for administering the transfer or redemption of tax certificates; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxatidn and Appropriations. By Representative Mitchell- HB 649-A bill to be entitled An act relating to allocation of state revenues; amending s. 24.121, F.S.; requiring a specified amount of revenues to be annually transferred to the Library Services Trust Fund from the Educational Enhancement Trust Fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). 37 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee(s) on Education and Appropriations. By Representatives McClure, Davis, Graber and Casey- HB 651-A bill to be entitled An act relating to bicycle regulations; amending s. 316.2065, F.S., requiring a bicycle rider who carries a child passenger to provide certain safety equipment; prohibiting a person who rides a bicycle on a highway or in a public place from allowing a child passenger to ride on the bicycle or on a bicycle trailer or bicycle semitrailer without a helmet; providing a penalty; providing for dismissal of charges under specified circumstances; prohibiting a bicycle rider from allowing a child to remain in a child carrier when the rider is not in immediate control of the bicycle; requiring a label specifying safety requirements to be affixed to boxes containing certain child carriers; providing a definition; providing requirements for the wearing of a safety helmet for the operation of a bicycle; providing for enforcement; providing penalties; providing exceptions; providing for the disposition of fines; providing for educational programs; providing for application with respect to negligence provisions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representatives Schultz, Villalobos, Armesto-Garcia, Feren, De Grandy, Cosgrove, Kerrigan, Rush, Graber, Bloom, Hill, Bullard, Eggelletion, Tobin, Burke, Hawkins, McAndrews, Hanson, Morroni, Mishkin, Stafford, Jacobs, Mackenzie, Brennan, Dawson, Brown, Rojas, Kelly, Dennis, Rayson, Ogles, Gay, Logan, Chestnut, Bush, Sanderson, Geller and Barreiro- HB 653-A bill to be entitled An act relating to the membership of statutorily created decisionmaking or regulatory boards, commissions, councils, and committees; providing intent; providing policy with respect to the appointment of members to such bodies to ensure proportionate minority representation; defining "minority"; requiring annual reports; requiring retention of certain information regarding applicants and disclosure of such information; providing applicability; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By Representative Geller- HB 655-A bill to be entitled An act relating to recreation districts; amending s. 418.21, F.S.; providing that the board of supervisors of a recreation district may have more than five members; providing for the establishment of designated geographical areas and for representation of those areas; amending s. 418.22, F.S.; providing that recreational facilities may be made available exclusively for district residents and property owners under certain circumstances; providing for restricting access; providing for determination of applicability of certain criteria prior to adoption or amendment of a charter; providing for security buildings and other structures; amending s. 418.24, F.S.; providing for an additional finding in a charter of a recreation district regarding availability of recreational facilities; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Futch- HB 661-A bill to be entitled An act relating to public fairs and expositions; amending s. 616.101, F.S.; requiring review of accounts and records of fair associations; amending s. 616.15, F.S.; conforming provisions; amending s. 616.242, F.S.; prohibiting operation of amusement devices, amusement attractions, or temporary structures under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services and Appropriations. By Representatives Peeples, Wallace, Brown and Bitner- HB 663-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.04, F.S.; providing that no tax on admissions not actually collected before the effective date of the act shall be due from any political subdivision of the state; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representatives Bloom, Cosgrove, Roberts, Kerrigan, Shepard, Klein, Graber, Hawkes, Jacobs, Crist, Minton, Healey, Rayson, Brown, Sindler, Ogles, Pruitt, Jones, Wise, Ritchie, Posey, Sanderson, Hafner, Kelly, Mitchell, Mackey, Greene, Lawson, Futch, Merchant, Manrique, Rojas, King, Morse, Dawson, Chestnut, Smith, Martinez and Starks- HB 665-A bill to be entitled An act relating to public employee death benefits; amending s. 112.19, F.S.; requiring political subdivisions of the state that employ law enforcement or correctional officers who are killed in the line of duty, under certain circumstances, to pay health insurance coverage for the officer's spouse and children for certain time periods; amending s. 112.191, F.S.; requiring political subdivisions of the state that employ firefighters who are killed in the line of duty, under certain circumstances, to pay health insurance coverage for the firefighter's spouse and children for certain time periods; amending s. 175.181, F.S.; revising beneficiary provisions by eliminating remarriage penalties and reinstating death benefits to surviving spouses of firefighters under certain circumstances; amending s. 185.162, F.S.; revising beneficiary provisions by eliminating remarriage penalties and reinstating death benefits to surviving spouses of police officers under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representatives Bainter, Sindler, McMahan, Stabins, Kelly and Webster- HB 667-A bill to be entitled An act relating to the Town of Howey-in- the-Hills, Lake County; providing for the annexation of right-of-way owned or controlled by the Department of Transportation; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Refrrd.o .te. ......s.on.om un .y...ir an Referred to the Committee(s) on Community Affairs and Referred to the Committee(s) on Community Affairs and Transportation. Appropriations. By Representative Jones- HB 657-A bill to be entitled An act relating to public retirement; amending s. 112.048, F.S.; changing the eligibility criteria for enabling municipal elective officers to retire at half pay; amending s. 112.05, F.S.; revising the method for making the initial cost-of-living adjustment to the monthly benefits payable to a state retiree who has reached 65 years of age; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. HB 659-Withdrawn By Representative Stafford- HB 669-A bill to be entitled An act relating to ad valorem taxation; amending s. 193.461, F.S.; providing that a person who fails to timely file an application for agricultural classification may petition the value adjustment board to grant such classification; providing a fee; authorizing the board or the property appraiser to grant the classification under certain conditions; amending s. 193.052, F.S., to conform; amending s. 200.065, F.S.; specifying the taxable value to be used to calculate ad valorem tax revenue in the prior year for purposes of determining the rolled-back rate; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services, Finance & Taxation and Appropriations. 38 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representative Manrique- HB 671-A bill to be entitled An act relating to law enforcement; amending ss. 843.081 and 843.085, F.S.; exempting persons appointed by the Governor as special officers for carriers from provisions of law relating to the prohibited use of certain lights and the unlawful use of police badges or other indicia of authority; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations. By Representative Feeney- HB 673-A bill to be entitled An act relating to unemployment compensation; amending s. 443.101, F.S.; providing that an individual shall be disqualified for benefits for the full period after being discharged as the result of a positive confirmed drug test conducted pursuant to a drug free workplace program; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representative Tobin- HB 675-A bill to be entitled An act relating to prepaid limited health service organizations; amending s. 636.007, F.S.; providing that a political subdivision of the state which is operating an emergency medical services system and offers an ambulance service plan as a part of the system shall be exempt from obtaining and maintaining a certificate of authority as a prepaid limited health service organization; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representative Morse- HB 677-A bill to be entitled An act relating to opticianry; amending ss. 484.002 and 484.003, F.S.; correcting a reference; amending s. 484.007, F.S.; revising requirements for licensure as an optician; requiring the permitting of optical establishments; providing application and fee requirements for such a permit; requiring notice of change in ownership of an optical establishment; amending s. 484.008, F.S.; providing for biennial renewal of permits, including fees; amending s. 484.013, F.S.; prohibiting ownership or operation of unpermitted optical establishments and employment of unlicensed opticians in optical establishments; providing penalties; amending s. 484.014, F.S.; applying grounds for disciplinary actions and the disciplinary actions themselves to owners and operators of optical establishments; requiring certain quarterly reporting of permitholders; amending s. 484.018, F.S.; providing additional exceptions to regulation under part I of chapter 484, F.S., relating to preparing and dispensing of eyeglasses and other optical devices; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation, Finance & Taxation and Appropriations. By Representatives Dawson, Miller, Bullard, Burke, Schultz, Gordon, Rush, Brennan, Lawson, Mishkin, Manrique, Kelly and Morse- HB 679-A bill to be entitled An act relating to Medicaid; amending ss. 409.905 and 409.908, F.S.; providing for mandatory reimbursement for services provided by a physician assistant; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representatives Dawson, Miller, Jacobs, Rush, Brennan, Arnall, Thomas, Graber, Lawson, Casey, King, Chestnut and Ritchie- HB 681-A bill to be entitled An act relating to health care; creating the "Tobacco-Related Disease Prevention, Control, and Treatment Act of 1994"; directing the Department of Health and Rehabilitative Services to develop a biennial Tobacco Free Florida Plan; providing for development of the initial plan; requiring a report to the Governor and Legislature; providing for a budget and implementation, using existing revenues; authorizing the department to utilize a voluntary coalition of organizations; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representatives Dawson, Miller, Kelly and Burke- HB 683-A bill to be entitled An act relating to Medicaid reimbursement; amending s. 400.051, F.S.; revising an exemption from provisions regulating nursing homes; amending s. 409.908, F.S.; providing for Medicaid reimbursement to hospitals providing skilled nursing services; limiting the period services may be provided; deleting provisions relating to reimbursement to hospitals providing skilled nursing services during emergencies; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representative Rayson- HB 685-A bill to be entitled An act relating to human resource development; creating s. 229.595, F.S.; providing for educational accountability for school-to-work transition efforts; creating s. 446.31, F.S.; creating the Florida Human Resource Development Commission; providing for administration; providing for membership; providing duties and responsibilities; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Mitchell- HB 687-A bill to be entitled An act relating to the Game and Fresh Water Fish Commission; amending s. 370.01, F.S.; defining the terms "exhibit" and "authorization"; amending s. 370.0605, F.S.; revising language with respect to saltwater fishing licenses; amending s. 370.0606, F.S.; revising language with respect to the appointment of subagents for the sale of saltwater fishing licenses; amending s. 370.0608, F.S.; providing for the annual appropriation of a certain amount of the total proceeds derived from the sale of 5-year licenses; amending ss. 370.0615, 372.5712, 372.5714, 372.5715, 372.573, 372.58, 372.581, 372.59, and 372.711, F.S.; deleting reference to stamps and substituting the term "permit" therefore; amending s. 370.062, F.S.; providing that the Game and Fresh Water Fish Commission and any tax collector may sell tags for the harvest of tarpon; providing procedures and providing for the disposition of fees; amending s. 370.1111, F.S.; revising language with respect to regulations on the taking of snook to provide for the sale by the Game and Fresh Water Fish Commission and by the tax collectors of permits for snook; providing procedures and providing for the disposition of fees; amending s. 370.14, F.S.; revising language with respect to crawfish regulations to provide for the sale of permits by the commission and the tax collectors; providing procedures and providing for the disposition of fees; amending s. 372.0222, F.S.; authorizing the commission to enter into agreements with private vendors for vendor advertisements; providing for approval of ads; providing limitations; amending s. 372.561, F.S.; revising language with respect to the issuance of licenses to take wild animal life or freshwater aquatic life; deleting reference to stamps; providing procedures with respect to the collection of fees; amending s. 372.57, F.S.; revising language with respect to licenses and permits; amending s. 372.571, F.S.; correcting a cross reference; including reference to permits; amending s. 372.574, F.S.; revising language with respect to the appointment of subagents for the sale of hunting, fishing, and trapping licenses and permits; providing fees and penalties; amending s. 372.60, F.S.; revising language with respect to the issuance of replacement licenses or permits; providing an appropriation; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative McAndrews- HB 689-A bill to be entitled An act relating to Indian Trail Water Control District, Palm Beach County; amending chapter 57-646, Laws of Florida, as amended; clarifying the application of s. 403.812, F.S., to the works of Indian Trail Water Control District; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). February 8, 1994 39 JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee(s) on Community Affairs, Natural Resources First reading by publication (Art. III, s. 7, Florida Constitution). and Appropriations. Referred to the Committee(s) on Transportation and Appropriations. By Representative Kelly-- HB 691-A bill to be entitled An act relating to psychotherapeutic services; amending ss. 627.6471 and 627.6472, F.S.; requiring insurers to provide eligibility criteria for providers of psychotherapeutic services under certain circumstances; requiring insurers to include such providers within certain networks and to provide reasonable access by insureds to such providers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representative Schultz- HB 693-A bill to be entitled An act relating to the Local Government Code Enforcement Boards Act; amending s. 162.06, F.S.; revising the conditions under which a code inspector may immediately notify the enforcement board and request a hearing; amending s. 162.07, F.S.; authorizing local governing bodies to recover costs incurred in prosecuting cases before the boards; amending ss. 162.09 and 162.10, F.S.; revising the time period for imposition of a fine for repeat violations; authorizing the local governing body to make repairs if an order of the board is not complied with for certain violations and to assess the cost of repairs along with the fine imposed on the violator; specifying the status of liens for fines imposed under the act; authorizing suits to recover a money judgment for the lien amount plus interest and providing for recovery of costs; authorizing the local governing body to collect costs of recording and satisfying the lien; amending s. 162.12, F.S.; revising requirements relating to notice to the violator by posting; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Taxation and Appropriations. By Representative Reddick- HB 695-A bill to be entitled An act relating to motor vehicle fees; amending s. 320.072, F.S.; providing for the refund of an additional fee paid on certain motor vehicle registration transactions for certain licensed motor vehicle dealers; amending s. 320.15, F.S.; conforming to the act; amending s. 320.0607, F.S.; providing for suspension of motor vehicle registration; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Crist- HB 697-A bill to be entitled An act relating to fleeing or attempting to elude a law enforcement officer; amending s. 316.1935, F.S.; providing for an enhanced penalty to be imposed against the operator of a vehicle who, after having been directed to stop the vehicle by a law enforcement officer, fails to stop or attempts to elude the officer; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Couch- HB 699-A bill to be entitled An act relating to education; amending s. 233.067, F.S.; revising provisions of the comprehensive health education and substance abuse prevention program; providing that certain instruction relating to sex education shall be elective with parental consent required; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Hill- HB 701-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; creating s. 316.2111, F.S., directing the Department of Highway Safety and Motor Vehicles to conduct a study; providing for a report; providing for future repeal; providing an effective date. By Representative Healey- HB 703-A bill to be entitled An act relating to the Solid Waste Authority of Palm Beach County; amending ch. 75-473, Laws of Florida, as amended; authorizing the authority to provide for an extra compensation program, including a lump-sum bonus payment program, to reward outstanding authority employees whose performances exceed standards; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Natural Resources. By Representatives Jones and Wallace- HB 705-A bill to be entitled An act relating to patient brokering; prohibiting any person from soliciting or receiving payment for referral of a patient to a health care provider or facility and from paying or offering to pay for referral of a patient thereto; providing a penalty; providing applicability; providing for construction of the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By the Committee on Ethics & Elections; Representatives Ascherl, Glickman, Shepard, Manrique, Crady, McAndrews, Posey, Klein and Morroni- HB 707-A bill to be entitled An act relating to the code of ethics for public officers and employees; amending s. 112.313, F.S.; revising provisions relating to conflicting employment or contractual relationships to modify applicability with respect to collective bargaining situations; including appointed state officers, certain legislative employees, specified employees of the State University System, and elected officers of school districts in provisions restricting postemployment representation of others before their former agencies; providing a definition and applicability; authorizing school districts to adopt resolutions regulating postemployment representation of others by former employees before their former agencies; providing penalties; amending s. 112.3135, F.S.; prohibiting the appointment, employment, promotion, or advancement of any individual if such appointment, employment, promotion, or advancement is made by a collegial body of which a relative of the individual is a member; revising and providing definitions; providing penalties; amending s. 112.3144, F.S.; changing deadlines for the Commission on Ethics to prepare and submit to the Secretary of State the list of names, addresses, and offices held by every person required to file full and public disclosure of financial interests; amending s. 112.3145, F.S.; requiring local officers who do not permanently reside in any county in the state to file their statement of financial interests with the supervisor of elections of the county in which their agency maintains its headquarters; changing deadlines for the Commission on Ethics to prepare and submit to the Secretary of State and the supervisors of elections the list of names, addresses, and offices or positions held by every state officer, local officer, or specified employee required to disclose financial interests and clients represented before certain agencies, as applicable; amending ss. 112.3148 and 112.3149, F.S., relating to requirements for gift receipt and reporting and for honoraria; revising the definitions of "lobbyist" to provide applicability with respect to agency registration systems; allowing water management districts to give certain gifts if a public purpose can be shown; revising the definition of "honorarium" to exclude event or meeting registration fees; amending s. 112.317, F.S.; increasing the cap on civil penalties applicable to ethics and financial disclosure violations; modifying, the standard for assessing costs and attorney's fees against a complainant; reenacting ss. 24.105(20)(b) and (c), 112.3145(6)(c) and (e), 112.322(2)(b), 287.175, and 350.043, F.S., relating to powers and duties of the Department of the Lottery, financial disclosure notice, powers and duties of the Commission on Ethics, penalties applicable to violations of provisions regulating state officer and employee transportation, and enforcement of provisions relating to the Public Service Commission, to incorporate the amendment to s. 112.317, F.S., in references thereto; amending s. 112.3185, F.S.; including the Public Service Commission under provisions applying 40 February 8, 1994 JOURNAL OF THE HOUSI restrictions on employees and former employees of agencies who participate or participated in the procurement of contractual services for their agencies; providing applicability; amending s. 112.324, F.S., relating to procedures on complaints of violations; requiring the public report on a dismissed complaint to state with particularity the reasons for dismissal; revising provisions relating to disciplinary officials or bodies and the public officers and employees subject to their disciplinary action; amending s. 112.326, F.S., relating to additional requirements; authorizing agencies and political subdivisions to adopt more stringent standards of conduct and disclosure requirements under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Appropriations. By Representatives Lippman, Jones, Tobin, Feren, Schultz, Warner and Klein- HB 709-A bill to be entitled An act relating to moving and storage; creating part XI of ch. 559, F.S.; creating the "Florida Moving and Storage Act"; providing a short title; providing purposes; providing applicability; providing definitions; providing for registration and bonding; requiring estimates of certain costs; providing criteria and procedures for estimates; requiring an order for service and a disclosure statement for transportation by movers; specifying contents of such orders; making certain activities by movers unlawful under certain circumstances; providing a penalty; providing for payment of charges in excess of an estimate; providing for preparation of an inventory under certain circumstances; providing inventory procedures; specifying certain inventory information; specifying acceptable forms of payment; requiring transportation of certain goods with reasonable dispatch; providing procedures for delays in timely transportation; providing for liability of movers under certain circumstances; providing exceptions; providing for storage-in-transit; requiring the keeping of certain records; providing procedures for handling inquiries and complaints; providing for refund of certain charges under certain circumstances; providing exceptions; providing for a written statement of satisfaction under certain circumstances; specifying the contents of such statement; providing procedures for acknowledging claims; providing for investigation of claims; providing for disposition of claims; providing powers and duties of the Department of Business and Professional Regulation; authorizing the department to adopt rules; providing for certain investigative powers of an enforcing authority; providing procedures; authorizing an enforcing authority to issue subpoenas; providing remedies; providing for penalties; providing for deposit of certain fines into the General Revenue Fund; providing penalties; providing for construction of provisions of the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce, Finance & Taxation and Appropriations. By Representative Rudd- HB 711-A bill to be entitled An act relating to private investigative, security, and repossession services; amending s. 493.6100, F.S.; revising legislative findings and intent to expand the scope of regulations pertaining to the private security industry to cover the private investigative and recovery industries; amending s. 493.6104, F.S.; renaming the Private Security Advisory Council as the Private Investigation, Recovery, and Security Advisory Council; revising the council's responsibilities for making recommendations; amending s. 493.6106, F.S.; revising licensure requirements; amending s. 493.6107, F.S.; requiring certain applicants who are managers to pay fees upon application; amending s. 493.6108, F.S.; authorizing the Department of State to determine eligibility for licensure on the basis of a criminal history record check under the applicant's name when fingerprints are illegible due to a documented physical condition; amending s. 493.6115, F.S., relating to licenses to bear firearms and weapons; authorizing certain licensees to carry additional firearms provided that only certain ammunition be used; repealing the incremental increase in training requirements and revising the minimum training requirements; revising the documentation required to demonstrate mental and emotional stability; providing that certain proprietary security officers may obtain temporary firearms licenses; providing that licensure under s. 790.06, F.S., does not exempt a person from the requirements of s. 493.6115, F.S.; amending s. 493.6116, F.S.; requiring periodic reports on February 8, 1994 E OF REPRESENTATIVES 41 interns by their sponsors; amending s. 493.6118, F.S.; revising grounds for disciplinary action to include assisting, aiding, or abetting unlicensed activity and to include failure or refusal to report by intern sponsors; adding grounds for discipline relating to reporting violations and to wearing, presenting, or displaying badges; providing for the suspension of approvals pending the payment of certain fines; specifying that an agency license or approval or license of an individual is suspended if the owner is liable for an administrative fine; amending s. 493.6121, F.S.; revising the point at which the records of an investigation of a complaint become public records; specifying that the public records exemption is subject to s. 119.14, F.S., the Open Government Sunset Review Act; amending s. 493.6201, F.S.; requiring certain interns working for specified managers to have certain licenses; amending s. 493.6202, F.S., relating to fees for certain classes of license; requiring certain applicants who are managers to pay fees upon application; amending s. 493.6301, F.S.; changing references to "security guard school or training facilities" with respect to licensing of these facilities; amending s. 493.6302, F.S., relating to fees for certain classes of license; requiring certain applicants who are managers to pay fees upon application; amending s. 493.6303, F.S.; repealing the incremental increase in training requirements and revising the minimum training requirements; subjecting certain licensees to the training requirements; providing special requirements for certain licensees; amending s. 493.6306, F.S.; revising the requirements for renewal of certain licensees; revising the fee for renewal; amending s. 493.6402, F.S., relating to fees for certain classes of license; requiring certain applicants who are managers to pay fees upon application; amending s. 493.6403, F.S.; revising the minimum training requirements for certain licensees and establishing training requirements for other licensees; repealing the incremental increase in training requirements; repealing s. 493.6125(3), F.S., which required a study concerning private investigators and repossessors; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation, Finance & Taxation and Appropriations. By Representatives Abrams, Thrasher, Jones, Burke, Schultz, Morse, Bloom, Armesto-Garcia, Valdes, Sanderson, Barreiro, Stafford, Feren, Geller, Cosgrove, Chestnut, Merchant, King and Lawson- HB 713-A bill to be entitled An act relating to motor vehicle license plates; creating s. 320.08091, F.S.; providing legislative intent; providing for a Super Bowl XXIX license plate; providing for application and issuance of such plates; providing for fees; providing for the disposition of fees; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Cosgrove- HB 715-A bill to be entitled An act relating to sales tax revenues; providing for deposit of certain increases in sales tax collections resulting from Hurricane Andrew into the Hurricane Andrew Recovery and Rebuilding Trust Fund under the Department of Community Affairs for fiscal year 1995-1996; providing that the Governor shall submit recommendations regarding requests for funding relief and recovery activities to the Legislature; prohibiting expenditure of such funds for certain purposes; providing for audits; providing for recovery of improperly expended funds; amending s. 7, ch. 92-350, Laws of Florida; providing for transfer of the unobligated balance in the trust fund to the Working Capital Fund on June 30, 1996; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Taxation and Appropriations. By Representative Rush- HB 717-A bill to be entitled An act relating to media personnel; creating "The Daniel 'Babe' Ruth Memorial Florida Shield Law"; exempting from disclosure in legal proceedings or in investigations by state agencies the sources of information obtained by certain media personnel; providing exceptions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). 42 JOURNAL OF THE HOUSE Referred to the Committee(s) on Judiciary. By Representative Eggelletion- HB 719-A bill to be entitled An act relating to liability with respect to certain gatherings; providing requirements with respect to gatherings of persons 18 years of age or younger at specified commercial premises; providing for required security personnel; providing a definition; providing a penalty; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Bronson- HB 721-A bill to be entitled An act relating to fees for agricultural services; amending s. 585.002, F.S.; increasing maximum fee for certain services; amending s. 585.61, F.S.; increasing laboratory fees; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services, Finance & Taxation and Appropriations. By Representatives Abrams, Long, Mortham, King, Jones, Lippman, R. Saunders, Graber, Logan, Burke, Jacobs, Rojas, Manrique, Feren, Barreiro, Mishkin, Bush, Mackey, Crady, Lawson, Klein, Morse, Valdes, Bloom and Arnall- HB 723-A bill to be entitled An act relating to legal and official advertisements; amending s. 50.011, F.S.; revising language with respect to where and in what language legal notices are to be published; amending s. 50.021, F.S.; providing that publication when no newspaper is published in "a county shall occur, in part, by publication in the nearest county in which "a newspaper is published or distributed and available to the general public; amending s. 50.031, F.S.; revising language with respect to newspapers in which legal notice and process may be published; amending s. 50.051, F.S.; revising language with respect to proof of publication and the form of uniform affidavit; amending s. 50.061, F.S.; revising language with respect to amounts chargeable by the publisher of any newspaper publishing any and all official public notices or legal advertisements; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Abrams- HB 725-A bill to be entitled An act relating to elections; amending ss. 100.342 and 101.161, F.S.; prohibiting initiation of a legal challenge to a public measure, upon the basis of a failure to comply with election notice requirements or with ballot substance and title requirements, after that measure has been approved by the electorate; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections and Appropriations. By Representative Barreiro- HB 727-A bill to be entitled An act relating to viatical settlements; providing definitions; requiring licensure of viatical settlement providers or contractors; providing procedures for applying for licensure; imposing a license fee; requiring the Department of Insurance to investigate applicants for licensure; authorizing the department to issue licenses under certain circumstances; providing a limitation; providing for revoking a license under certain circumstances; providing criteria for approval of viatical settlement contracts; requiring licensees to submit an annual report to the Commissioner; authorizing the department to investigate licensees under certain circumstances; providing for confidentiality of certain information; providing for review and repeal; requiring licensees to disclose certain information to viators; providing procedures and specifying criteria for entering into viatical settlement contracts; authorizing the department to adopt rules to regulate viatical settlements; specifying unfair trade practices; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance, Finance & Taxation and Appropriations. By Representative Jacobs- ! E OF REPRESENTATIVES February 8, 1994 HB 729-SF-A bill to be entitled An proposal relating to human immunodeficiency virus infection. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By the Committee on Governmental Operations; Representative Boyd- HB 731-A bill to be entitled An act relating to confidentiality of information held by the Florida Commission on Human Relations; amending ss. 760.11, 760.34, and 760.36, F.S., which provide for confidentiality of complaints filed with the commission under the Florida Civil Rights Act of 1992 and the Fair Housing Act and of conciliation agreements under the Fair Housing Act; specifying that such confidentiality is required by federal law; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Ethics & Elections; Representatives Ascherl, Crady, Manrique, McAndrews, Morroni, Klein, Glickman and Posey- HB 733-A bill to be entitled An act relating to absentee voting; amending s. 97.021, F.S.; redefining the term "absent elector"; amending s. 101.5609, F.S., relating to electronic and electromechanical voting system ballots; removing a provision relating to recording the issuance of absentee ballots; amending s. 101.62, F.S.; restricting the number of absentee ballots that any one person may pick up; providing an exception; requiring persons designated to pick up such ballots for other electors to complete an authorizing affidavit; providing for the form and contents of such affidavit; removing language that required initialing the stubs of absentee ballots prior to issuance to electors; requiring absentee ballots to be mailed or delivered directly to the supervisor of elections; amending ss. 101.64 and 101.65, F.S.; revising the voter's certificate and instructions to absent electors to eliminate the signature witnessing requirement and the reasons for voting an absentee ballot; creating s. 101.655, F.S.; providing for supervised voting for absent electors in certain facilities; amending s. 163.511, F.S., relating to referendum ballots on the creation of special neighborhood improvement districts, to conform; amending s. 101.68, F.S.; providing for earlier commencement of the canvassing of absentee ballots; amending s. 101.69, F.S.; authorizing an elector voting in person to execute an affidavit stating that the absentee ballot supplied to the elector has not been voted rather than requiring the elector to return that ballot before being allowed to vote; amending s. 101.694, F.S.; updating a reference to a federal act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Appropriations. By Representative Villalobos- HB 735-A bill to be entitled An act relating to incentive gain-time; amending s. 775.084, F.S.; limiting incentive gain-time to 5 days per month for persons sentenced as habitual violent felony offenders; amending s. 944.275, F.S., relating to gain-time, to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections and Appropriations. By Representative Thomas- HB 737-A bill to be entitled An act relating to physicians; amending s. 458.3095, F.S.; providing an exemption from licensure for certain foreign- licensed physicians with respect to practice in connection with sporting events; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By Representative Hawkins- HB 739-A bill to be entitled An act relating to the regulation of oil and gas resources; amending s. 377.19, F.S.; defining the terms "oil and gas administrator" and "operator"; amending s. 377.2411, F.S.; revising language with respect to the lawful right to drill, develop, and explore; creating s. 377.247, F.S.; providing for the designation and distribution of earnings owed to owners of mineral rights who are unknown or unlocated; amending s. 376.40, F.S.; providing for the deposit into the Petroleum Exploration and Production Bond Trust Fund of certain funds required to be deposited under provision of law; amending s. 377.22, F.S.; providing for an additional purpose for which rules may be adopted by the Department of Environmental Protection; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative McClure- HB 741-A bill to be entitled An act relating to Sarasota County; providing for the relief of Charles W. Sparling; providing an appropriation to compensate him for severe injuries resulting from an accident due to the negligence of Sarasota County; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative Villalobos- HB 743-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.05, F.S.; revising the rate of the tax imposed on charges for the use of coin-operated amusement machines and providing for calculation thereof; specifying responsibility for remitting the tax on sales generated through use of such machines and on the lease or purchase of such machines; requiring operators of such machines to affix an identifying device to each machine; providing an annual fee for such devices; authorizing issuance of identifying devices by the tax collector; revising provisions relating to payments to informants; providing for application of a penalty and deleting a requirement that the penalty accrue interest; requiring the Department of Revenue to send information pertaining to identifying devices to property appraisers; amending s. 212.12, F.S.; requiring separate statements relating to such sales on sales tax returns or on a form prescribed by the department; providing for application of penalties; amending s. 212.20, F.S.; providing for distribution of identifying device fees; amending s. 509.032, F.S., and creating s. 561.1105, F.S.; requiring the Division of Hotels and Restaurants and the Division of Alcoholic Beverages and Tobacco, in performing inspection duties, to inspect coin-operated amusement machines for compliance with s. 212.05(1)(j), F.S.; requiring that violations be reported to the Department of Revenue; providing for emergency rules; specifying administrative provisions applicable to other implementing rules; exempting the department from provisions regulating the procurement of property and services for a specified period; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development, Finance & Taxation and Appropriations. By Representative Greene- HB 745-A bill to be entitled An act relating to agriculture; amending s. 581.031, F.S.; revising powers and duties of the Department of Agriculture and Consumer Services; amending s. 581.083, F.S.; establishing an application fee for special permits; amending s. 581.131, F.S., relating to certificates of registration; providing requirements for advertising; amending s. 581.212, F.S.; revising provisions relating to moneys deposited in the Plant Industry Trust Fund; amending s. 586.045, F.S.; requiring the department to provide written notice and renewal forms to beekeepers and allowing for extension; creating s. 586.112, F.S.; providing for stop-sale and stop-movement of honeybees, honeybee products, and beekeeping equipment; repealing ss. 581.192 and 581.193, F.S., relating to the excise tax on commercial sale or distribution of citrus nursery stock and the excise tax on sale, distribution, or movement of citrus nursery stock to commercial citrus fruit producers or resale to producers; repealing s. 586.165, F.S., relating to a pilot apiary protection program; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services, Finance & Taxation and Appropriations. 43 By Representative Tobin- HB 747-A bill to be entitled An act relating to governmental performance audits; amending s. 11.45, F.S.; revising the definition of the term "performance audit" to provide specific guidelines; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations and Appropriations. By Representative Fuller- HB 749-A bill to be entitled An act relating to pest control; amending s. 482.021, F.S.; clarifying definition of the term "licensee"; amending s. 482.051, F.S.; requiring additional rules relating to use of pesticides; amending s. 482.061, F.S.; revising provisions relating to the qualifications of inspectors; amending s. 482.071, F.S.; providing for unlawful activity relating to a licensee's contractual obligations upon dissolution or transfer for which a penalty is provided by law; amending s. 482.132, F.S., relating to qualifications of pest control operators; amending s. 482.155, F.S.; requiring certain recordkeeping; amending s. 482.156, F.S., relating to commercial landscape maintenance personnel; clarifying language; amending s. 482.161, F.S.; revising disciplinary actions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services and Appropriations. By Representative Brennan- HB 751-A bill to be entitled An act relating to personnel of the school system; creating s. 231.3605, F.S.; providing for employment of educational support employees; providing definitions; providing for probationary status and continued employment; providing for suspension of an employee and for a notice and appeals process; amending s. 231.434, F.S.; authorizing rules to provide annual leave for certain educational support employees; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Brown, McClure and Ogles- HB 753-A bill to be entitled An act relating to insurance; amending s. 627.736, F.S.; specifying a violation of the Insurance Code for a certain activity; creating s. 627.7041, F.S.; requiring the Department of Insurance to provide by rule for notification by insurers of certain rights of insureds; requiring insurers to provide such notification to insureds under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representatives Davis, Martinez, Glickman, Safley, Laurent, Crist, Miller, Rush, Buddy Johnson, Littlefield and Ogles- HB 755-A bill to be entitled An act relating to Hillsborough County; repealing miscellaneous laws relating to acquisition or disposition of property by the county; repealing ch. 9466, Laws of Florida, 1923, ch. 25895, Laws of Florida, 1949, and ch. 29121, Laws of Florida, 1953, which authorized the board of county commissioners to sell a specified parcel of property; repealing ch. 10637, Laws of Florida, 1925, which authorizes use of a specified parcel of land as a park; repealing ch. 12848, Laws of Florida, 1927, which authorizes the sale of county property; repealing ch. 15243, Laws of Florida, 1931, relating to lease of courthouse space; repealing ch. 16460, Laws of Florida, 1933, which authorized acquisition of property for home for the indigent and for county home for sick children; repealing ch. 18587, Laws of Florida, 1937, which authorized the lease of specified property; repealing ch. 23327, Laws of Florida, 1945, which authorized the conveyance of land to Charmichael Legree Post of Colored Veterans of the World Wars; repealing ch. 24571, Laws of Florida, 1947, which authorized the conveyance of land to Jose Gonzalez Chapter 705, American Veterans Committee; repealing ch. 25882, Laws of Florida, 1949, and ch. 31468, Laws of Florida, 1956, which authorized the acquisition and disposition of land for public purposes; repealing ch. 25884, Laws of Florida, 1949, which authorized the conveyance of land to certain charities; repealing ch. 25894, February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES Laws of Florida, 1949, which authorized conveyance of lands to Broad Street Christian Church; repealing ch. 25896, Laws of Florida, 1949, ch. 59- 1353, Laws of Florida, ch. 65-1666, Laws of Florida, and ch. 73-487, Laws of Florida, which authorized the conveyance of certain land to posts of the American Legion; repealing ch. 30822, Laws of Florida, 1955, which authorized the acquisition of property for certain public purposes; repealing ch. 57-1384, Laws of Florida, which authorized the conveyance of certain land to the City of Port Tampa; repealing ch. 57-1385, Laws of Florida, pertaining to acquisition of buildings outside the county seat; repealing ch. 57-1394, Laws of Florida, which authorized the conveyance of certain land to the Tampa Chamber of Commerce; repealing ch. 61-2237, Laws of Florida, which authorized the conveyance of certain land to the City of Temple Terrace; repealing ch. 65-1665, Laws of Florida, which authorized the conveyance of certain land to Tampa Federation of Garden Club Circles; repealing ch. 65-1674, Laws of Florida, which authorized the conveyance of certain land to Logia Union Y Firmenza No. 4; 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 Davis, Martinez, Glickman, Safley, Laurent, Crist, Miller, Rush, Buddy Johnson, Ogles and Littlefield- HB 757-A bill to be entitled An act relating to Hillsborough County; repealing ch. 72-555, Laws of Florida, which provided for a referendum to be held on adoption of a charter creating a single local government for the county and consolidating all existing municipalities and certain public agencies into the government; repealing ch. 72-556, Laws of Florida, which provided for a referendum on amendments to the proposed 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. Referred to the Committee(s) on Community Affairs. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 765-A bill to be entitled An act relating to the City of Tampa; repealing ch. 31297, Laws of Florida, 1955, which authorizes the city comptroller to invest city funds with approval of the mayor; 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 Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 767-A bill to be entitled An act relating to the City of Tampa; repealing ch. 16729, Laws of Florida, 1933, which authorizes the investment of sinking funds in delinquent tax anticipation notes or revenue notes issued by the city; 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 Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 769-A bill to be entitled An act relating to the City of Tampa; repealing ch. 11765, Laws of Florida, 1925, which authorizes the city to require railroads to elevate tracks 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). By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Referred to the Committee(s) on Community Affairs and Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- Transportation. HB 759-A bill to be entitled An act relating to the City of Tampa; repealing ch. 9919, Laws of Florida, 1923, which authorizes the city to acquire and enforce liens against, and dispose of, lost, captured, or stolen property; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Judiciary. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 761-A bill to be entitled An act relating to the City of Tampa; repealing ch. 31304, Laws of Florida, 1955, which authorizes the city to fingerprint and photograph persons charged with or convicted of violating city ordinances or state laws; repealing ch. 65-2305, Laws of Florida, which authorizes the city to fingerprint and photograph all persons, including traffic offenders, who are sentenced to and confined in the city stockade; 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 Criminal Justice. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 763-A bill to be entitled An act relating to the City of Tampa; repealing ch. 26252, Laws of Florida, 1949, which provides a method for disposing of unclaimed articles or funds left in hospitals, stockades, or police stations in the City of Tampa; 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 Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 771-A bill to be entitled An act relating to the City of Tampa; repealing ch. 67-2118, Laws of Florida, which authorizes the city to require that public school construction comply with certain city codes; 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 Education. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 773-A bill to be entitled An act relating to the City of Tampa; repealing ch. 7712, Laws of Florida, 1917, which provides a procedure for granting or extending franchises for public service businesses or public utilities in the city; 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 Commerce. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 775-A bill to be entitled An act relating to the City of Tampa; repealing ch. 61-2913, Laws of Florida, which authorized the city to determine by ordinance the amount to be credited to city prisoners as gain time or allowance for good conduct or work performed because of nonpayment of fines and costs; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). 44 February 8, 1994 JOURNAL OF THE HOUSI Referred to the Committee(s) on Community Affairs and Corrections. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 777-A bill to be entitled An act relating to the City of Tampa; repealing ch. 15710, Laws of Florida, 1931, which abolished the purchasing department of the city and which established a procedure for purchasing supplies, property, and printing; 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 Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 779-A bill to be entitled An act relating to the City of Tampa; repealing ch. 9925, Laws of Florida, 1923, which authorized regulation of the use of city bridges by street railways and other public utilities and which authorized regulation of the use of, and the maximum rates of fare for, taxicabs, hacks, and other vehicles in the city; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Transportation and Finance & Taxation. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 781-A bill to be entitled An act relating to bonds and other obligations of the City of Tampa; repealing chs. 5543 and 5544, Laws of Florida, 1905, which validated specified ordinances authorizing the issuance of bonds; repealing ch. 6403, Laws of Florida, 1911, which authorized the issuance of bonds to pay for construction of a bridge across Hillsborough River at Lafayette Street; repealing ch. 7248, Laws of Florida, 1915, which validated an ordinance, and the bond election thereon, which authorizes the issuance of bonds to finance municipal improvements; repealing ch. 11219, Laws of Florida, 1925, which authorizes the issuance of negotiable bonds for specified purposes; repealing ch. 13453, Laws of Florida, 1927, which authorized the issuance of negotiable bonds for the waterworks system; repealing ch. 13455, Laws of Florida, 1927, which requires approval by electors of all city bond issues; repealing ch. 14420, Laws of Florida, 1929, which authorizes the issuance of refunding bonds without approval of the electors; repealing ch. 14421, Laws of Florida, 1929, which authorized the issuance of refunding bonds for the purpose of refunding any outstanding bonds of the former City of West Tampa; repealing ch. 15527, Laws of Florida, 1931, which authorizes the issuance of refunding bonds; repealing ch. 15528, Laws of Florida, 1931, which authorized the issuance of refunding bonds to refund bonds issued by the former City of West Tampa; repealing ch. 15529, Laws of Florida, 1931, which authorizes the issuance of notes and warrants to pay the current expenses of the city; repealing ch. 16728, Laws of Florida, 1933, which requires the city to adjust and fix millage to be levied for principal and interest of refunding bonds issued under the General Refunding Act of 1931; repealing ch. 17681, Laws of Florida, 1935, which exempted the city from certain provisions for refunding indebtedness; repealing ch. 24947, Laws of Florida, 1947, and ch. 27926, Laws of Florida, 1951, which authorize the issuance of revenue bonds to enlarge the municipal hospital; repealing ch. 29560, Laws of Florida, 1953, which authorizes the issuance of revenue bonds payable from cigarette taxes levied; repealing ch. 57-1890, Laws of Florida, which authorizes the issuance of bond anticipation notes; repealing ch. 69-1663, Laws of Florida, which prescribes the maximum interest rate upon all bonds, notes, certificates, and other obligations of the city; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Governmental Operations and Finance & Taxation. February 8, 1994 E OF REPRESENTATIVES 45 By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 783-A bill to be entitled An act relating to the City of Tampa, particularly in relation to taxes and assessments; repealing ch. 7711, Laws of Florida, 1917, which authorized the levy of a special tax on property for publicity purposes; repealing ch. 8365, Laws of Florida, 1919, which provided for tax assessment liens and correction of erroneous assessments; repealing ch. 9092, Laws of Florida, 1921, which authorized the levy of an annual tax on property for maintaining a public library; repealing ch. 9094, Laws of Florida, 1921, which authorized the levy of a special tax on property for publicity purposes; repealing ch. 11223, Laws of Florida, 1925, and ch. 24925, Laws of Florida, 1947, which authorized the levy of a special tax on property for publicity purposes; repealing ch. 15524, Laws of Florida, 1931, which authorized the apportionment of any tax assessment, delinquent tax certificate, or special assessment for local improvements; repealing ch. 15525, Laws of Florida, 1931, which provided for the assessment, equalization, and collection of taxes, the adoption of the budget, and the fixing of the annual tax millage; repealing ch. 15530, Laws of Florida, 1931, which provided for correction of defective, erroneous, and illegal assessments for taxes or special assessments; repealing ch. 16720, Laws of Florida, 1933, which authorized the city to accept Tampa Local Improvement Act bonds in payment of any special assessment lien; repealing ch. 16727, Laws of Florida, 1933, which prescribed requirements for levying taxes for the general fund; repealing ch. 16730, Laws of Florida, 1933, which authorized the borrowing of money secured by delinquent taxes due, provided for sale of delinquent tax anticipation notes, and validated certain assessments for taxes and tax certificates issued therefore; repealing ch. 16732, Laws of Florida, 1933, and chs. 18927 and 18931, Laws of Florida, 1937, which provided for the assessment, equalization, and collection of taxes, the adoption of the budget, and the fixing of the annual tax millage; repealing ch. 18928, Laws of Florida, 1937, which provided for certification by the city tax collector of delinquent taxes to the city attorney; repealing ch. 21588, Laws of Florida, 1941, which authorized the levy of an annual tax for maintaining a public library; repealing ch. 24940, Laws of Florida, 1947, and ch. 59-1912, Laws of Florida, which authorized the city to exempt certain charitable institutions from payment of utility service taxes; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Finance & Taxation. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 785-A bill to be entitled An act relating to the City of Tampa; repealing ch. 6779, Laws of Florida, 1913, which authorizes the city to require, by ordinance, moving companies to report transfer or removal of goods or chattels from one place within the city to another; 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 Commerce. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 787-A bill to be entitled An act relating to the City of Tampa; repealing obsolete laws pertaining to occupational licenses and taxes; repealing ch. 20164, Laws of Florida, 1939, which authorized the city to refund certain occupational license taxes collected; repealing ch. 31298, Laws of Florida, 1955, which authorized the city to sue for unpaid delinquent or omitted occupational license taxes; repealing ch. 31312, Laws of Florida, 1955, and ch. 57-1905, Laws of Florida, which provided for the issuance of plumbers' certificates without examination to certain persons engaged in plumbing since 1951; 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. JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representatives Miller, Littlefield, Ogles, Davis, Martinez, By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 789-A bill to be entitled An act relating to the City of Tampa; repealing obsolete provisions related to public works and improvements; repealing ch. 11231, Laws of Florida, 1925, which provides for postponement, under certain circumstances, of specification of materials with respect to advertising for bids for public works and materials; repealing ch. 16717, Laws of Florida, 1933, which provided for waiver of filing of enforcement suits by holders of public improvement lien certificates; repealing ch. 24931, Laws of Florida, 1947, which provided for financing the construction of a new auditorium or the enlargement of the existing auditorium; 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 Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 791-A bill to be entitled An act relating to the City of Tampa; repealing ch. 3779, Laws of Florida, 1887, which provided a municipal government for the City of Tampa and defined the boundaries thereof; repealing ch. 4086, Laws of Florida, 1891, which authorized the city to levy certain taxes and provide for a more complete assessment of the property in the city for municipal purposes; repealing ch. 4496, Laws of Florida, 1895, ch. 4883, Laws of Florida, 1899, ch. 5363, Laws of Florida, 1903, and ch. 5859, Laws of Florida, 1907, which amended the 1887 city charter; repealing ch. 8364, Laws of Florida, 1919, which amended the city charter relative to its government, jurisdiction, and powers and duties; repealing ch. 9095, Laws of Florida, 1921, which adopted the city charter approved in the October 19, 1920, referendum; repealing ch. 14423, Laws of Florida, 1929, which prescribed the jurisdiction and power of the city and of several officers and departments of the city; repealing ch. 16723, Laws of Florida, 1933, which authorized the reorganization of city departments and bureaus; 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 Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 793-A bill to be entitled An act relating to the City of Tampa; repealing superseded laws pertaining to officers and employees of the city; repealing ch. 8366, Laws of Florida, 1919, which prescribed the terms of office for city officers; repealing ch. 15534, Laws of Florida, 1931, and ch. 75-510, Laws of Florida, which provided for the office of mayor, for an assistant city attorney for the city council, and for a city health officer; repealing ch. 16715, Laws of Florida, 1933, which fixed the salaries of city officers; repealing ch. 22482, Laws of Florida, 1943, s. 8, ch. 23552, Laws of Florida, 1945, ch. 31306, Laws of Florida, 1955, and ch. 61-2931, Laws of (Florida, which prescribed the time for the mayor to submit appointments of department heads to the city council and the time for the council to act on such appointments and which provided for removal of such appointees; repealing ch. 23554, Laws of Florida, 1945, which authorized the city treasurer to collect occupational license taxes and to enforce special assessment liens; repealing ch. 26263, Laws of Florida, 1949, which fixed the salaries of the mayor, the city clerk, and the city attorney; repealing ch. 31307, Laws of Florida, 1955, which fixed the salaries of the mayor and the city clerk; repealing ch. 63-1971, Laws of Florida, which fixed the salary of the mayor; repealing ch. 73-640, Laws of Florida, which fixed the salaries of the mayor, the members of the city council, and the city clerk; repealing ch. 77-657, Laws of Florida, which made the standards of conduct prescribed in ch. 112, pt. III, F.S., applicable to city officers and employees; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Employee & Management Relations and Finance & Taxation. HB 795-A bill to be entitled An act relating to the City of Tampa; repealing ch. 31299, Laws of Florida, 1955, which empowered the city to prohibit female employees or female impersonators in establishments that sell alcoholic beverages from soliciting the purchase of alcoholic beverages; repealing ch. 57-1887, Laws of Florida, which empowered the city to prohibit females or female impersonators in establishments that sell alcoholic beverages from soliciting the purchase of beverages; repealing ch. 57-1889, Laws of Florida, which empowered the city to prohibit female employees in establishments that sell alcoholic beverages from being served alcoholic beverages for which the customers or patrons pay; repealing ch. 57-1899, Laws of Florida, which empowered the city to prohibit insufficient lighting in establishments that sell alcoholic beverages for consumption on the premises and to set standards for lighting in such establishments; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Regulated Industries. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 797-A bill to be entitled An act relating to the City of Tampa; repealing superseded laws pertaining to fiscal matters of the city; repealing ch. 11763, Laws of Florida, 1925, which authorized the city commission to fix the fiscal year; repealing ch. 17680, Laws of Florida, 1935, which exempted the city from a general law relating to the adoption of budgets; repealing ch. 18940, Laws of Florida, 1937, which prescribed the procedure for the city to adopt a budget; repealing ch. 18942, Laws of Florida, 1937, which required that the city's fiscal affairs be on a cash basis for the purposes of effecting an exchange or sale of certain refunding bonds; repealing ch. 22473, Laws of Florida, 1943, which required that city officers' and employees' salaries be fixed in the budget; repealing s. 6, ch. 23552, Laws of Florida, 1945, and ch. 26260, Laws of Florida, 1949, which prescribed the procedure for approval of the budget; repealing ch. 23568, Laws of Florida, 1945, which authorized the mayor to increase certain salaries and to employ employees out of surplus funds and within the appropriation for salaries as fixed in the city budget; 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 Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 799-A bill to be entitled An act relating to the City of Tampa; repealing ch. 26259, Laws of Florida, 1949, which authorized the city to contract, without advertising for bids, for public improvements involving an expenditure of less than $1,500; repealing ch. 69-1659, Laws of Florida, which authorized the city to contract with the county to provide traffic control devices, traffic sign fabrication services, and pavement-marking installation services to the county; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Governmental Operations. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 801-A bill to be entitled An act relating to the City of Tampa; repealing ch. 7716, Laws of Florida, 1917, which prescribed a procedure in municipal court; repealing ch. 18941, Laws of Florida, 1937, which authorized the city to put to work any persons in jail or in another prison of the city who were convicted in municipal court; repealing ch. 61-2924, Laws of Florida, which provided a method of taking and prosecuting appeals from municipal court; repealing ch. 67-2108, Laws of Florida, which revised the supersedeas bond provisions in the method of taking and prosecuting appeals from municipal court; providing an effective date. 46 February 8, 1994 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 Judiciary. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 803-A bill to be entitled An act relating to the City of Tampa; repealing ch. 11221, Laws of Florida, 1925, which authorized the application of the proceeds of a $250,000 city bond for the erection or purchase of hospitals and a site; repealing ch. 26257, Laws of Florida, 1949, which created a city hospital department, prescribed its powers and duties, provided for the appointment of a superintendent of hospitals, and provided standards for the operation of hospitals; repealing ch. 31308, Laws of Florida, 1955, which required the employment of a physician in the emergency room of Tampa municipal hospitals; repealing ch. 61-2930, Laws of Florida, which authorized the city to construct, finance, operate, maintain, and lease or otherwise dispose of a general hospital; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Health Care. By Representatives Miller, Littlefield, Ogles, Davis, Martinez, Glickman, Safley, Laurent, Crist, Rush and Buddy Johnson- HB 805-A bill to be entitled An act relating to the City of Tampa; repealing superseded laws pertaining to city officers and employees; repealing ch. 13447, Laws of Florida, 1927, which authorized the city commission to designate which city officer or officers must sign city warrants, orders, and vouchers; repealing ch. 18939, Laws of Florida, 1937, which created the office of chief of detectives of the City of Tampa; repealing ch. 23563, Laws of Florida, 1945, which required city officers and employees to give or be bonded under a surety bond; repealing ch. 24938, Laws of Florida, 1947, which provided for the designation of certain city officers to sign vouchers or checks; repealing ch. 27927, Laws of Florida, 1951, which provided reemployment rights to city officers and employees entering military service; repealing ch. 29564, Laws of Florida, 1953, which provided city employment rights to firemen employed on January 1, 1953, by any special fire control districts in territory annexed by the city; repealing ch. 59-1914, Laws of Florida, which authorized the city to provide group insurance for city officers and employees; repealing ch. 63-1975, Laws of Florida, which limited the number of working hours for city firemen; repealing ch. 65-2312, Laws of Florida, which authorized the city to provide group insurance for officers and employees, including certain retirees; repealing ch. 69-1665, Laws of Florida, which authorized the city to establish uniform maximum rates of per diem and travel expenses for officers, employees, and other authorized persons; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Employee & Management Relations. By Representatives Miller, Littlefield, Ogles, Buddy Johnson, Davis, Martinez, Glickman, Safley, Laurent, Crist and Rush- HB 807-A bill to be entitled An act relating to the City of Tampa; repealing ch. 24930, Laws of Florida, 1947, which required the printing or typewriting, the publication, and the posting of certain city ordinances; repealing ch. 24933, Laws of Florida, 1947, which established requirements and procedures for the adoption of city ordinances or resolutions; repealing ch. 73-638, Laws of Florida, which revised the requirements and procedures for the adoption of city ordinances; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). 47 Referred to the Committee(s) on Community Affairs. By Representatives Miller, Littlefield, Ogles, Buddy Johnson, Davis, Martinez, Glickman, Safley, Laurent, Crist and Rush- HB 809-A bill to be entitled An act relating to the City of Tampa; repealing superseded laws pertaining to city officers; repealing ch. 22474, Laws of Florida, 1943, which fixed the salary of the city clerk; repealing ch. 29557, Laws of Florida, 1953, which fixed the salary of the city clerk; repealing ch. 31307, Laws of Florida, 1955, which fixed the salaries of the mayor and the city clerk; repealing ch. 57-1908, Laws of Florida, which fixed the salary of the city clerk; repealing ch. 61-2915, Laws of Florida, which authorized the city clerk to appoint deputies; repealing ch. 65-2301, Laws of Florida, which fixed the salary of the city clerk; repealing ch. 74- 617, Laws of Florida, which abolished the elective office of city clerk, and which created the office of an appointed city clerk; repealing ch. 75-514, Laws of Florida, which revised the term and method of appointment of, and provided benefits to, the city clerk; 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 Miller, Littlefield, Ogles, Buddy Johnson, Davis, Martinez, Glickman, Safley, Laurent, Crist and Rush- HB 811-A bill to be entitled An act relating to the City of Tampa; repealing certain laws pertaining to elections in that city; repealing ch. 13446, Laws of Florida, 1927, which provided that voters need not be taxpayers in order to vote in municipal bond elections; repealing ch. 14418, Laws of Florida, 1929, which provided that voters in municipal elections must have paid a poll tax; repealing ch. 15531, Laws of Florida, 1931, which revised the regulating of municipal elections in the city; repealing ch. 15845, Laws of Florida, 1931, which prohibited voting in municipal elections if not a registered voter, prohibited procuring another to do so, and prohibited voting twice in the same election; repealing ch. 15846, Laws of Florida, 1931, which prohibited making unlawful false oaths relating to qualifications as a municipal elector and prohibited procuring another to do so; repealing ch. 15847, Laws of Florida, 1931, which fixed the time for payment of poll taxes in order to vote in municipal elections; repealing ch. 18936, Laws of Florida, 1937, which authorized the city to pay board of election expenses in connection with petitions seeking charter board elections; repealing ch. 23556, Laws of Florida, 1945, which provided for absentee voting in municipal elections by members of the armed forces; repealing ch. 67-2123, Laws of Florida, which provided that the election board of Hillsborough County regulate municipal elections in the City of Tampa; repealing ch. 69-1654, Laws of Florida, which prescribed the holding and conduct of municipal elections by the election board; repealing ch. 71-941, Laws of Florida, which provided that the Hillsborough County supervisor of elections conduct city 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, Ethics & Elections and Finance & Taxation. By Representatives Miller, Littlefield, Ogles, Buddy Johnson, Davis, Martinez, Glickman, Safley, Laurent, Crist and Rush- HB 813-A bill to be entitled An act relating to the City of Tampa; repealing ch. 20160, Laws of Florida, 1939, which created the Tampa Utility Board; repealing ch. 20205, Laws of Florida, 1939, which authorized the Tampa Utility Board to fix the rates of all utilities; repealing ch. 22490, Laws of Florida, 1943, which provided for the disposition of unclaimed money received by the Tampa Utility Board; repealing ch. 24920, Laws of Florida, 1947, which fixed the terms of office of the members of the Tampa Utility Board; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Business & Professional Regulation and Finance & Taxation. February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representatives Miller, Littlefield, Ogles, Buddy Johnson, Davis, By Representatives Crist, Laurent, Miller, Littlefield, Ogles, Buddy Martinez, Glickman, Safley, Laurent, Crist and Rush- Johnson, Davis, Martinez, Glickman, Safley and Rush- HB 815-A bill to be entitled An act relating to the City of Tampa; repealing ch. 15711, Laws of Florida, 1931, which created the Planning and Zoning Board of the City of Tampa; repealing ch. 29566, Laws of Florida, 1953, which required the Board of Adjustment of the City of Tampa to provide to certain persons a notice concerning the appeal of zoning ordinances; repealing ch. 57-1902, Laws of Florida, which revised the notice concerning the appeal of zoning ordinances; repealing ch. 59-1909, Laws of Florida, which authorized the Board of Adjustment to grant variances from city zoning ordinances under certain circumstances; repealing ch. 63-1983, Laws of Florida, which required that the granting of zoning variances be reviewed by the county planning commission; repealing ch. 69-1651, Laws of Florida, which prohibited the granting of zoning variances for new construction on unimproved property; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs. By Representatives Davis, Martinez, Rush, Safley, Glickman, Laurent, Crist, Ogles, Miller, Buddy Johnson and Littlefield- HB 817-A bill to be entitled An act relating to the City of Tampa, Hillsborough County; authorizing the City of Tampa to enter into a supplemental pension contract with certain firefighters and police officers to provide for additional benefits; authorizing the City of Tampa to enter into a pension contract with certain firefighters and police officers who become members of the City Pension Fund for Firefighters and Police Officers in the City of Tampa on or after October 16, 1992; providing for additional benefits for certain firefighters and police officers who have separated from service upon satisfying certain conditions; amending chapter 23559, Laws of Florida, 1945, as amended, relating to the General Employees' Pension Plan of the City of Tampa to provide for benefits to certain firefighters and police officers under said plan; confirming in part City of Tampa Ordinance No. 93-163; providing an effective date and providing for retroactive operation of certain provisions. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Employee & Management Relations. By Representatives Martinez, Glickman, Safley, Laurent, Crist, Miller, Ogles, Buddy Johnson and Davis- HB 819-A bill to be entitled An act relating to Hillsborough County; authorizing the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to issue an alcoholic beverage license to the Lowry Park Zoological Society of Tampa, Inc., for use at the Lowry Park Zoological Garden, for special events only; authorizing transfer of the license to qualified applicants; providing for automatic reverter of the license; prohibiting sales for consumption off premises; providing for severability; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Regulated Industries. By Representatives Davis, Martinez, Rush, Glickman, Laurent, Crist, Miller, Ogles and Buddy Johnson- HB 821-A bill to be entitled An act relating to the City of Tampa, Hillsborough County; authorizing the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to issue a beverage license to the City of Tampa for use within the complex known as the Tampa Museum of Art; providing for application; providing for transfer; repealing ch. 73-635, Laws of Florida, relating to issuance of a liquor license for use within the complex known as Curtis Hixon Hall; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Regulated Industries. HB 823-A bill to be entitled An act relating to the City of Temple Terrace; repealing miscellaneous obsolete laws pertaining to the city; repealing ch. 22496, Laws of Florida, 1943, which provided a limit on the tax on property in the city; repealing ch. 61-2237, Laws of Florida, which provided for the conveyance of certain land to the city; repealing ch. 61- 2238, Laws of Florida, which conveyed title to all streets, roads, alleys, and rights-of-way in the city to the city; repealing ch. 63-1999, Laws of Florida, which provided for the conveyance of certain land to the city; repealing ch. 67-2133, Laws of Florida, which authorized the city to abate weeds, grass, and underbrush as nuisances and which provided a procedure for such abatement; repealing ch. 67-2134, Laws of Florida, which authorizes the city zoning board of appeal to transfer all duties and responsibilities to the zoning board of adjustment and which provides for zoning appeals; repealing ch. 67-2135, Laws of Florida, which ratified certain actions of the zoning board of appeal and the zoning board of adjustment of the city; repealing ch. 72-705, Laws of Florida, which prescribed the maximum rate of interest on bonds, notes, certificates, and other obligations of the city; 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 Davis, Martinez, Rush, Glickman, Safley, Laurent, Crist, Miller, Littlefield, Ogles and Buddy Johnson- HB 825-A bill to be entitled An act relating to Hillsborough County Aviation Authority, Hillsborough County; amending chapter 83-424, Laws of Florida, to allow for reimbursement to any member of the Authority, its attorneys, and the Director of Aviation of out-of-town travel expenses in accordance with general law; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Transportation. By Representatives Davis, Martinez, Safley, Glickman, Laurent, Crist, Miller, Littlefield, Ogles, Buddy Johnson and Rush- HB 827-A bill to be entitled An act relating to the Hillsborough County Port District and Tampa Port Authority, Hillsborough County; amending chapter 84-447, Laws of Florida, to allow for reimbursement to any member of the authority for out-of-town travel expenses in accordance with general law; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs. By Representatives Davis, Martinez, Safley, Glickman, Laurent, Crist, Miller, Littlefield, Ogles, Buddy Johnson and Rush- HB 829-A bill to be entitled An act relating to the Hillsborough County and Tampa Sports Authority, Hillsborough County; amending s. 5, ch. 82-306, Laws of Florida, to allow for reimbursement to any member of the authority, of out-of-town travel expenses in accordance with general law; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Tourism & Economic Development. By Representatives Barreiro, Armesto-Garcia and Morse- HB 831-A bill to be entitled An act relating to gambling; providing for legislative intent; creating a Casino Gambling Commission within the Division of Pari-mutuel Wagering; providing for appointment of members; providing terms; directing the commission to provide, by rule, for casino gambling in the state in counties which elect to participate; providing for distribution of revenues; requiring the use of Florida residents in February 8, 1994 48 JOURNAL OF THE HOUSI employment generated by the act; providing an exception; repealing s. 849.01, F.S., relating to the keeping of gambling houses; repealing s. 849.02, F.S., relating to agents or employees of persons who keep gambling houses; repealing s. 849.03, F.S., relating to the renting of a house for gambling purposes; repealing s. 849.05, F.S., relating to prima facie evidence of certain gambling activities; repealing s. 849.08, F.S., relating to gambling; repealing s. 849.11, F.S., relating to plays at games of chance by lot; repealing s. 849.15, F.S., relating to the manufacture, sale, or possession of certain coin-operated devices; repealing s. 849.16, F.S., relating to certain illegal machines or devices; repealing s. 849.17, F.S., relating to the confiscation of certain machines by officers; repealing s. 849.18, F.S., relating to the disposition of certain machines used in illegal gambling; repealing s. 849.19, F.S., relating to property rights in confiscated machines; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). February 8, 1994 . Referred to the Committee(s) on Regulated Industries, Finance & By Representatives Glickman, Safley, Rush, Martinez, Davis, Laurent, Taxation and Appropriations. Miller, Crist, Ogles, Buddy Johnson and Littlefield- By the Select Committee on Agency Rules; Representative Mackey- HB 833-A bill to be entitled An act relating to the Administrative Procedure Act; amending s. 120.57, F.S.; revising provisions relating to decisions which affect substantial interests; providing for a bifurcated formal hearing process; providing a summary hearing procedure; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By the Select Committee on Agency Rules; Representative Mackey- HB 835-A bill to be entitled An act relating to the Administrative Procedure Act; amending s. 120.54, F.S.; revising timeframes with respect to the rulemaking adoption procedure; providing that an agency's determination regarding preparation of certain economic impact statements shall be subject to challenge; revising procedures; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Select Committee on Agency Rules; Representative Mackey- HB 837-A bill to be entitled An act relating to the Administrative Procedure Act; amending ss. 120.53 and 120.533, F.S.; providing reference to final agency orders with respect to the requirement that agencies make available such rules for public inspection and copying at no more than cost; providing for the indexing and availability of final agency orders by the Department of State; amending s. 120.54, F.S.; providing for a rule summary prior to adoption, amendment, or repeal of a rule; revising language with respect to model rules; amending s. 120.68, F.S.; providing for consolidated review proceedings with respect to judicial review; providing an additional ground for a petition challenging an agency rule as an invalid exercise of delegated legislative authority; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representatives Wallace and Peeples- HB 839-A bill to be entitled An act relating to access to undergraduate postsecondary education; amending s. 235.014, F.S.; revising minimum utilization standards for postsecondary classrooms; amending s. 240.147, F.S.; requiring certain reports to be considered when making recommendations for contracts with independent institutions; amending s. 240.209, F.S.; revising provisions relating to the setting of fees by the Board of Regents; authorizing approval of certain alternative fee schedules; requiring the board to maintain access; amending s. 240.2094, F.S.; revising provisions relating to establishment of authorized positions and salary rate; amending s. 240.214, F.S.; revising provisions of the State University System accountability process; providing additional plan and report requirements; amending s. 240.2145, F.S.; conforming provisions; amending s. 240.271, F.S.; revising provisions relating to categorical programs and allocations based on planned enrollments; providing for retention and use of certain fees; amending s. 240.272, F.S.; revising HB 841-A bill to be entitled An act relating to the Hillsborough County Hospital Authority, as created by chapter 80-510, Laws of Florida, as amended; providing that the Authority shall be subject to a performance audit on a regularly scheduled basis; providing for components of the audit; providing exceptions; providing prohibitions as to who may perform such audit; providing for other audits authorized by law; providing procedures for contracting for the audit; providing requirements for the contract document; providing that the agency audited shall retain a final copy of the audit pursuant to chapter 119, Florida Statutes; providing for appropriation of funds; providing for a follow-up report; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Health Care. By Representatives Glickman, Safley, Rush, Martinez, Davis, Laurent, Miller, Crist, Ogles, Buddy Johnson and Littlefield- HB 843-A bill to be entitled An act relating to the Tampa Sports Authority, as created by chapter 82-306, Laws of Florida, as amended; providing that the Authority shall be subject to a performance audit on a regularly scheduled basis; providing for components of the audit; providing exceptions; providing prohibitions as to who may perform such audit; providing for other audits authorized by law; providing procedures for contracting for the audit; providing requirements for the contract document; providing that the agency audited shall retain a final copy of the audit pursuant to chapter 119, Florida Statutes; providing for appropriation of funds; providing for a follow-up report; 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 Tourism & Economic Development. By Representatives Glickman, Long, Safley, Rush, Martinez, Davis, Laurent, Miller, Crist, Ogles, Buddy Johnson and Littlefield- HB 845-A bill to be entitled An act relating to the Tampa Port Authority, as created by chapter 84-447, Laws of Florida, as amended; providing that the Authority shall be subject to a performance audit on a regularly scheduled basis; providing for components of the audit; providing exceptions; providing prohibitions as to who may perform such audit; providing for other audits authorized by law; providing procedures for contracting for the audit; providing requirements for the contract document; providing that the agency audited shall retain a final copy of the audit pursuant to chapter 119, Florida Statutes; providing for appropriation of funds; providing for a follow-up report; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). E OF REPRESENTATIVES 49 provisions relating to the carryforward and expenditure of funds; amending s. 240.605, F.S.; changing the state tuition voucher program to the Florida resident access grant program and revising funding provisions; amending ss. 240.4085, 240.4093, 240.414, 240.4145, and 246.041, F.S.; conforming provisions; creating s. 240.63, F.S.; establishing the postsecondary capitation grant program to provide incentives for certain increased student completion; amending s. 246.013, F.S.; revising requirements for participation in common course designation and numbering system by nonpublic schools; repealing s. 240.243, F.S., relating to required number of classroom teaching hours; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. 50 JOURNAL OF THE HOUSE Referred to the Committee(s) on Community Affairs. By Representatives Glickman, Safley, Rush, Martinez, Davis, Laurent, Miller, Crist, Ogles, Buddy Johnson and Littlefield- HB 847-A bill to be entitled An act relating to the Hillsborough County Public Transportation Commission, as created by chapter 83-423, Laws of Florida, as amended; providing that the commission shall be subject to a performance audit on a regularly scheduled basis; providing for components of the audit; providing prohibitions as to who may perform such audit; providing for other audits authorized by law; providing procedures for contracting for the audit; providing requirements for the contract document; providing that the agency audited shall retain a final copy of the audit pursuant to chapter 119, Florida Statutes; providing for appropriation of funds; providing for a follow-up report; 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 Transportation. By Representatives Glickman, Safley, Rush, Martinez, Davis, Laurent, Miller, Crist, Ogles, Buddy Johnson and Littlefield- HB 849-A bill to be entitled An act relating to the Hillsborough County Civil Service Board, as created by chapter 85-424, Laws of Florida, as amended; providing that the board shall be subject to a performance audit on a regularly scheduled basis; providing for components of the audit; providing prohibitions as to who may perform such audit; providing for other audits authorized by law; providing procedures for contracting for the audit; providing requirements for the contract document; providing that the civil service board shall retain a final copy of the audit pursuant to chapter 119, Florida Statutes; providing for the approval of the contract document by the Board of County Commissioners of Hillsborough County; providing for a follow-up report; providing for appropriation of funds; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Employee & Management Relations. By Representatives Glickman, Safley, Rush, Martinez, Davis, Laurent, Miller, Crist, Ogles, Buddy Johnson and Littlefield- HB 851-A bill to be entitled An act relating to the Hillsborough County City-County Planning Commission, ("the Commission"), as created by chapter 78-523, Laws of Florida, as amended; providing that the commission shall be subject to a performance audit on a regularly scheduled basis; providing for components of the audit; providing prohibitions as to who may perform such audit; providing for other audits authorized by law; providing procedures for contracting for the audit; providing requirements for the contract document; providing that the agency audited shall retain a final copy of the audit pursuant to chapter 119, Florida Statutes; providing for the approval of the contract document by the Board of County Commissioners of Hillsborough County; providing for appropriation of funds; providing for a follow-up report; 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 Glickman, Safley, Rush, Martinez, Davis, Laurent, Miller, Crist, Ogles, Buddy Johnson and Littlefield- HB 853-A bill to be entitled An act relating to the Hillsborough County Environmental Protection Commission, as created by chapter 84- 446, Laws of Florida, as amended; providing that the Commission shall be subject to a performance audit on a regularly scheduled basis; providing for components of the audit; providing prohibitions as to who may perform such audit; providing for other audits authorized by law; providing procedures for contracting for the audit; providing requirements for the contract document; providing that the agency audited shall retain a final copy of the audit pursuant to chapter 119, Florida Statutes; providing for ] E OF REPRESENTATIVES February 8, 1994 the approval of the contract document by the Board of County Commissioners of Hillsborough County; providing for appropriation of funds; providing for a follow-up report; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Natural Resources. By Representatives Glickman, Safley, Rush, Martinez, Davis, Laurent, Miller, Crist, Ogles, Buddy Johnson and Littlefield- HB 855-A bill to be entitled An act relating to the Hillsborough County Aviation Authority, as created by chapter 83-424, Laws of Florida, as amended; providing that the authority shall be subject to a performance audit on a regularly scheduled basis; providing for components of the audit; providing exceptions; providing prohibitions as to who may perform such audit; providing for other audits authorized by law; providing procedures for contracting for the audit; providing requirements for the contract document; providing that the agency audited shall retain a final copy of the audit pursuant to chapter 119, Florida Statutes; providing for appropriation of funds; providing for a follow-up report; 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 Transportation. By Representatives Arnall, Dennis, Fuller, Wise, King, Hill and Thrasher- HB 857-A bill to be entitled An act relating to the Jacksonville Port Authority; amending s. 1 of chapter 63-1447, Laws of Florida, as amended, so as to clarify legislative intent that the Authority was and is created as apolitical subdivision of the State of Florida in the nature of a county and not a municipality; 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 Harris- HB 859-A bill to be entitled An act relating to citrus; amending s. 601.04, F.S.; providing that the terms of appointees to the Florida Citrus Commission begin in April rather than June; amending s. 601.091, F.S.; renaming the "interior" production area as the "Florida SunRidge" production area; amending s. 601.15, F.S.; providing for future increased crops; revising tax schedules for processed grapefruit, fresh grapefruit, processed oranges, fresh oranges, and fresh tangerine and citrus hybrid fruit; providing that processed tangerine and citrus hybrid fruit be taxed at the same rate as processed oranges; deleting provisions which provide for specific segregation of funds in the Citrus Advertising Trust Fund; repealing s. 601.156, F.S., relating to an additional excise tax of 2 cents per box upon each box of oranges sold or delivered for processing and segregation of such funds in the Citrus Advertising Trust Fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services, Finance & Taxation and Appropriations. By Representative Sembler- HB 861-A bill to be entitled An act for the relief of William L. Shirley and Esther S. Shirley; providing appropriations to compensate them for injuries sustained by William L. Shirley as a result of the negligence of the Department of Transportation and the Department of Highway Safety and Motor Vehicles; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative McAndrews- HB 863-A bill to be entitled An act relating to ad valorem tax exemption; amending s. 196.012, F.S.; revising the definition of "governmental, municipal, or public purpose or function" to provide that public facilities used for sports or entertainment by the general public serve such a purpose or function; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By Representative Starks- HB 865-A bill to be entitled An act relating to annexation procedures; repealing s. 171.0413(6), F.S., relating to involuntary annexation in certain areas; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By Representatives Hafner and Davis- HB 867-A bill to be entitled An act relating to the Florida Public Service Commission; amending s. 350.001, F.S.; revising language with respect to legislative intent; providing for the delegation to the Governor of the authority to participate in the selection of prospective members to the commission from a list provided by the nominating council; amending s. 350.01, F.S.; providing for appointment of members to the commission; amending s. 350.03, F.S.; revising language with respect to the power of the Governor to remove and fill vacancies on the commission; amending s. 350.031, F.S.; revising the appointment of members to the Florida Public Service Commission Nominating Council; providing for staffing by the Public Counsel; revising language with respect to the nomination to the Governor of names for vacancies on the Public Service Commission; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By Representatives Kelly, Couch, Cosgrove, Hawkes, Eggelletion, Thrasher, Safley, Boyd, Mackenzie, Bainter, Dawson, Minton, Gay, Laurent, Smith, Futch, Arnall, Albright, Ritchie, Merchant, Brown, Stabins, Benson, Feeney, Jones, King, Buddy Johnson, Tedder, McMahan, Ogles, Morroni, D. Saunders and Crady- HB 869-A bill to be entitled An act relating to health insurance; amending s. 287.088, F.S.; clarifying provisions providing for access to hospitalization and medical insurance benefits for employees of state contractors; deleting certain requirements imposed on contractors; deleting a prohibition against bidding under certain circumstances; requiring the Department of Management Services to adopt specified rules; providing a limitation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representative Klein- HB 871-A bill to be entitled An act relating to transportation; amending s. 165, ch. 92-152, Laws of Florida, relating to the Transportation Efficiency Act of 1992; providing an exemption to s. 369.251, F.S., to allow planting of the species Casuarina equisetifolia within the portion of historic and scenic highway A1A between Pelican Lane and Sea Road in the Town of Gulf Stream, Palm Beach County; authorizing Department of Environmental Protection permits to enable such planting; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation and Appropriations. By Representative Pruitt- HJR 873-A joint resolution proposing an amendment to Section 9 of Article IV of the State Constitution relating to the Game and Fresh Water Fish Commission. 51 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By the Committee on Appropriations; Representative Long- HB 875-A bill to be entitled An act relating to trust funds; amending s. 215.3207, F.S.; revising provisions relating to the establishment and criteria of trust funds; amending s. 215.3208, F.S.; revising the schedule for termination of trust funds; providing procedure with respect to payment of outstanding debts or obligations and with respect to distribution of moneys remaining upon the termination of a trust fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 877-A bill to be entitled An act relating to trust funds; declaring the findings of the Legislature that specified trust funds in the Game and Fresh Water Fish Commission, the Department of Highway Safety and Motor Vehicles, the Department of Management Services, and the Department of Transportation are exempt from the automatic- termination requirements of Section 19(f), Article III of the State Constitution; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 879-A bill to be entitled An act relating to trust funds; terminating specified trust funds within the Justice Administration budget entity, the state courts system, various state departments, the Game and Fresh Water Fish Commission, and the Parole Commission; providing for transfer of current balances to general revenue; providing for the paying of outstanding debts and obligations of the terminated trust funds and for the removal of the terminated trust funds from the various state accounting systems; amending s. 812.175, F.S.; eliminating the Convenience Business Security Trust Fund and providing for deposit of moneys received under the Convenience Business Security Act into general revenue; repealing s. 946.40(5), F.S., relating to funding of the Inmate Work Program; amending s. 948.09, F.S.; providing for deposit of the proceeds of the surcharge for electronic monitoring of persons placed on community control into the Grants and Donations Trust Fund; repealing s. 950.002(10) and (11), F.S., relating to the Community Corrections Construction Trust Fund and the Community Corrections Operating Trust Fund; amending s. 948.51, F.S.; eliminating the Community Corrections Assistance Trust Fund; repealing s. 946.508, F.S., relating to the Correctional Work Program Revolving Trust Fund; amending s. 946.505, F.S.; vesting ownership of permanent facility or program enhancements to any correctional work program in the Department of Corrections; amending s. 943.041, F.S.; eliminating the trust fund of the Crimes Against Children Criminal Profiling Program; amending s. 382.025, F.S., to conform; providing for deposit of certain moneys into general revenue rather than the trust fund; amending s. 943.25, F.S.; eliminating the Criminal Justice Training Improvement Trust Fund; repealing s. 255.25(4)(c), F.S., relating to the Public Facilities Conversion Revolving Trust Fund; amending s. 215.655, F.S.; eliminating the trust fund of the Arbitrage Compliance Program; amending s. 273.055, F.S.; eliminating the State Surplus Property Working Capital Trust Fund and providing for deposit of certain moneys relating to disposition of state- owned tangible personal property into general revenue; repealing s. 159.811(2), F.S., relating to the Revenue Bond Fee Revolving Trust Fund; amending s. 272.161, F.S.; providing for deposit of certain parking-related fees collected by the Department of Management Services into the Supervision Trust Fund rather than the Paid Parking Trust Fund; amending s. 372.074, F.S.; eliminating the trust fund of the Fish and Wildlife Habitat Program; providing for funding of the program from the Land Acquisition Trust Fund; amending s. 372.073, F.S.; providing that the Endangered and Threatened Species Reward Program shall be funded from the Nongame Wildlife Trust Fund; amending s. 372.72, F.S., to conform; amending s. 372.9906, F.S.; providing for deposit of moneys for the Wildlife Law Enforcement Program into the State Game Trust Fund; amending s. 932.7055, F.S., to conform; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES 52 JOURNAL OF THE HOUSE By the Committee on Appropriations; Representative Long- HB 881-A bill to be entitled An act relating to the re-creation of the Administrative Trust Fund of the Department of Management Services without modification; re-creating the Administrative Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 883-A bill to be entitled An act relating to the re-creation of the Working Capital Trust Fund of the Department of Management Services without modification; re-creating the Working Capital Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 885-A bill to be entitled An act relating to the re-creation of the Communications Working Capital Trust Fund without modification; re- creating the Communications Working Capital Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 887-A bill to be entitled An act relating to the re-creation of the State Personnel System Trust Fund without modification; re-creating the State Personnel System Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 889-A bill to be entitled An act relating to the re-creation of the Pretax Benefits Trust Fund without modification; re-creating the Pretax Benefits Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 891-A bill to be entitled An act relating to the re-creation of the Grants and Donations Trust Fund of the Department of Management Services without modification; re-creating the Grants and Donations Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 893-A bill to be entitled An act relating to the re-creation of the Architects Incidental Trust Fund without modification; re-creating the Architects Incidental Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 895-A bill to be entitled An act relating to the re-creation of the Motor Vehicle Operating Trust Fund without modification; re-creating the Motor Vehicle Operating Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. i] E OF REPRESENTATIVES February 8, 1994 First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 897-A bill to be entitled An act relating to the re-creation of the Supervision Trust Fund without modification; re-creating the Supervision Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 899-A bill to be entitled An act relating to the re-creation of the Surplus Property Revolving Trust Fund without modification; re-creating the Surplus Property Revolving Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 901-A bill to be entitled An act relating to the re-creation of the Bureau of Aircraft Trust Fund without modification; re-creating the Bureau of Aircraft Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 903-A bill to be entitled An act relating to the re-creation of the State Agency Law Enforcement Radio System Trust Fund without modification; re-creating the State Agency Law Enforcement Radio System Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 905-A bill to be entitled An act relating to the re-creation of the Operating Trust Fund of the Department of Management Services without modification; re-creating the Operating Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 907-A bill to be entitled An act relating to the re-creation of the State Employee Child Care Revolving Trust Fund without modification; re-creating the State Employee Child Care Revolving Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 909-A bill to be entitled An act relating to the re-creation of the Administrative Trust Fund of the Division of Administrative Hearings of the Department of Management Services without modification; re-creating the Administrative Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. JOURNAL OF THE HOUSE By the Committee on Appropriations; Representative Long- HB 911-A bill to be entitled An act relating to the re-creation of the Grants and Donations Trust Fund of the Department of Highway Safety and Motor Vehicles without modification; re-creating the Grants and Donations Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 913-A bill to be entitled An act relating to the re-creation of the DUI Programs Coordination Trust Fund without modification; re-creating the DUI Programs Coordination Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 915-A bill to be entitled An act relating to the re-creation of the Mobile Home and Recreational Vehicle Protection Trust Fund without modification; re-creating the Mobile Home and Recreational Vehicle Protection Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 917-A bill to be entitled An act relating to the re-creation of the Working Capital Trust Fund without modification; re-creating the Working Capital Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 919-A bill to be entitled An act relating to the re-creation of the Law Enforcement Trust Fund without modification; re-creating the Law Enforcement Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 921-A bill to be entitled An act relating to the re-creation of the Highway Patrol Insurance Trust Fund without modification; re-creating the Highway Patrol Insurance Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 923-A bill to be entitled An act relating to the re-creation of the Accident Reports Trust Fund without modification; re-creating the Accident Reports Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 925-A bill to be entitled An act relating to the re-creation of the Gas Tax Collection Trust Fund without modification; re-creating the Gas Tax Collection Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. February 8, 1994 SOF REPRESENTATIVES 53 First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 927-A bill to be entitled An act relating to the re-creation of the Lottery Administrative Trust Fund without modification; re-creating the Lottery Administrative Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 929-A bill to be entitled An act relating to the re-creation of the Armory Board Trust Fund without modification; re-creating the Armory Board Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 931-A bill to be entitled An act relating to the re-creation of the Camp Blanding Management Trust Fund without modification; re- creating the Camp Blanding Management Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 933-A bill to be entitled An act relating to the re-creation of the Land Acquisition Trust Fund of the Game and Fresh Water Fish Commission without modification; re-creating the Land Acquisition Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 935-A bill to be entitled An act relating to the re-creation of the Dedicated License Trust Fund without modification; re-creating the Dedicated License Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 937-A bill to be entitled An act relating to the re-creation of the State Game Trust Fund without modification; re-creating the State Game Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 939-A bill to be entitled An act relating to the re-creation of the Nongame Wildlife Trust Fund without modification; re-creating the Nongame Wildlife Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 941-A bill to be entitled An act relating to the re-creation of the Florida Panther Research and Management Trust Fund without modification; re-creating the Florida Panther Research and Management Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. 54 JOURNAL OF THE HOUSE First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 943-A bill to be entitled An act relating to the re-creation of the Lifetime Fish and Wildlife Trust Fund without modification; re-creating the Lifetime Fish and Wildlife Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 945-A bill to be entitled An act relating to the re-creation of the Turnpike Controlled Access Trust Fund without modification; re-creating the Turnpike Controlled Access Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 947-A bill to be entitled An act relating to the re-creation of the Toll Facilities Revolving Trust Fund without modification; re-creating the Toll Facilities Revolving Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 949-A bill to be entitled An act relating to the re-creation of the Transportation Disadvantaged Trust Fund without modification; re- creating the Transportation Disadvantaged Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 951-A bill to be entitled An act relating to the re-creation of the Sales of Goods and Services Clearing Trust Fund without modification; re- creating the Sale of Goods and Services Clearing Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 953-A bill to be entitled An act relating to the re-creation of the Criminal Justice Training Trust Fund of the Department of Corrections without modification; re-creating the Criminal Justice Training Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 955-A bill to be entitled An act relating to the re-creation of the Florida Agricultural Exposition Trust Fund without modification; re- creating the Florida Agricultural Exposition Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. ] E OF REPRESENTATIVES February 8, 1994 By the Committee on Appropriations; Representative Long- HB 957-A bill to be entitled An act relating to the re-creation of the Grants and Donations Trust Fund of the Department of Corrections without modification; re-creating the Grants and Donations Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 959-A bill to be entitled An act relating to the re-creation of the Hurricane Andrew Recovery and Rebuilding Trust Fund without modification; re-creating the Hurricane Andrew Recovery and Rebuilding Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 961-A bill to be entitled An act relating to the re-creation of the Operating Trust Fund of the Department of Corrections without modification; re-creating the Operating Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 963-A bill to be entitled An act relating to the re-creation of the Grants and Donations Trust Fund of the Department of Law Enforcement without modification; re-creating the Grants and Donations Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 965-A bill to be entitled An act relating to the re-creation of the Operating Trust Fund of the Department of Law Enforcement without modification; re-creating the Operating Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 967-A bill to be entitled An act relating to the re-creation of the Criminal Justice Training Trust Fund without modification; re-creating the Criminal Justice Training Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 969-A bill to be entitled An act relating to the re-creation of the Revolving Trust Fund of the Department of Law Enforcement without modification; re-creating the Revolving Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 971-A bill to be entitled An act relating to the re-creation of the Working Capital Trust Fund of the Department of Law Enforcement JOURNAL OF THE HOUSE without modification; re-creating the Working Capital Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 973-A bill to be entitled An act relating to the re-creation of the Administrative Trust Fund without modification; re-creating the Administrative Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 975-A bill to be entitled An act relating to the re-creation of the Forfeiture and Investigative Support Trust Fund without modification; re- creating the Forfeiture and Investigative Support Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 977-A bill to be entitled An act relating to the re-creation of the Motor Vehicle Warranty Trust Fund without modification; re-creating the Motor Vehicle Warranty Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 979-A bill to be entitled An act relating to the re-creation of the Administrative Trust Fund of the Department of Legal Affairs without modification; re-creating the Administrative Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 981-A bill to be entitled An act relating to the re-creation of the Legal Services Trust Fund without modification; re-creating the Legal Services Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 983-A bill to be entitled An act relating to the re-creation of the Consumer Frauds Trust Fund without modification; re-creating the Consumer Frauds Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 985-A bill to be entitled An act relating to the re-creation of the Florida Crime Prevention Training Institute Revolving Trust Fund without modification; re-creating the Florida Crime Prevention Training Institute Revolving Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. February 8, 1994 OF REPRESENTATIVES 55 By the Committee on Appropriations; Representative Long- HB 987-A bill to be entitled An act relating to the re-creation of the Grants and Donations Trust Fund of the Department of Legal Affairs without modification; re-creating the Grants and Donations Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 989-A bill to be entitled An act relating to the re-creation of the Florida Motor Vehicle Theft Prevention Trust Fund without modification; re-creating the Florida Motor Vehicle Theft Prevention Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 991-A bill to be entitled An act relating to the re-creation of the Revolving Escrow Trust Fund without modification; re-creating the Revolving Escrow Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 993-A bill to be entitled An act relating to the re-creation of the Legal Affairs Revolving Trust Fund without modification; re-creating the Legal Affairs Revolving Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 995-A bill to be entitled An act relating to the re-creation of the Crimes Compensation Trust Fund without modification; re-creating the Crimes Compensation Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 997-A bill to be entitled An act relating to the re-creation of the Appellate Opinion Distribution Trust Fund without modification; re- creating the Appellate Opinion Distribution Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 999-A bill to be entitled An act relating to the re-creation of the Grants and Donations Trust Fund of the state courts system without modification; re-creating the Grants and Donations Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1001-A bill to be entitled An act relating to the re-creation of the Working Capital Trust Fund of the Justice Data Center without modification; re-creating the Working Capital Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. 56 JOURNAL OF THE HOUSE First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1003-A bill to be entitled An act relating to the re-creation of the Court Education Trust Fund without modification; re-creating the Court Education Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1005-A bill to be entitled An act relating to the re-creation of the State Mediation and Arbitration Trust Fund without modification; re- creating the State Mediation and Arbitration Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1007-A bill to be entitled An act relating to the re-creation of the Capital Collateral Trust Fund without modification; re-creating the Capital Collateral Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1009-A bill to be entitled An act relating to the re-creation of the Child Support Trust Fund without modification; re-creating the Child Support Trust Fund; carrying forward current balances and continuing current sources and uses thereof; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1011-A bill to be entitled An act relating to the re-creation of the Grants and Donations Trust Fund without modification; re-creating the Grants and Donations Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1013-A bill to be entitled An act relating to the re-creation of the State Attorney's Forfeiture and Investigative Support Trust Fund without modification; re-creating the State Attorney's Forfeiture and Investigative Support Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1015-A bill to be entitled An act relating to the re-creation of the Consumer Frauds Trust Fund without modification; re-creating the Consumer Frauds Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By the Committee on Appropriations; Representative Long- HB 1017-A bill to be entitled An act relating to the re-creation of the State Attorney RICO Trust Fund without modification; re-creating the State Attorney RICO Trust Fund; carrying forward current balances and continuing current sources and uses; providing an effective date. I- E OF REPRESENTATIVES February 8, 1994 First reading by publication (Art. III, s. 7, Florida Constitution). Placed on the Calendar without reference. By Representatives Arnall, Thrasher, Hill, King, Dennis, Fuller and Wise- HB 1019-A bill to be entitled An act relating to the City of Neptune Beach; authorizing the City to consolidate the firefighters pension fund and the police officers pension fund into a retirement system to be known as the Public Safety Officers Retirement System; authorizing taxes imposed by the City under chapters 175 and 185, F.S., to fund a part of the benefits provided in the retirement system pursuant to ordinance of the City; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Employee & Management Relations and Finance & Taxation. By Representative Safley- HB 1021-A bill to be entitled An act relating to Florida Preservation 2000 Trust Fund; amending s. 201.15, F.S.; deleting the requirement that the first year's debt service for any Preservation 2000 bond issue be appropriated in the General Appropriation Act; amending s. 375.045, F.S.; authorizing the Department of Environmental Protection to issue Preservation 2000 bonds for a prescribed period; appropriating money for this purpose; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Abrams- HB 1023-A bill to be entitled An act relating to criminal justice; amending s. 790.10, F.S.; increasing the penalties for unlawful exhibition of a dangerous weapon or firearm; amending s. 790.115, F.S.; increasing the penalties for unlawful possession or discharge of a weapon or firearm on school property; amending s. 790.15, F.S.; increasing the penalties for unlawful discharge of a firearm in public; amending s. 790.19, F.S.; increasing the penalties for unlawfully shooting or throwing deadly missiles; amending s. 921.141, F.S.; providing an aggravating circumstance for capital felony sentencing when the victim is under 12 years old; amending s. 921.0016, F.S.; providing an aggravating circumstance for departure sentencing when the defendant was involved in a reckless shootout which killed an innocent bystander; creating s. 782.041, F.S.; defining the offense of murder of an innocent bystander, and providing penalties therefore; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Reddick- HB 1025-A bill to be entitled An act relating to chiropractic; creating s. 460.4061, F.S.; providing for a restricted license as a chiropractic physician; providing licensure requirements and practice restrictions; providing circumstances required for full licensure; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Appropriations. By Representative Buddy Johnson- HJR 1027-A joint resolution proposing an amendment to Section 1 of Article VII and the creation of Section 21 of Article XII of the State Constitution relating to voter approval of new taxes. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representative Edwards- HB 1029-A bill to be entitled An act relating to disposition of trust fund moneys; amending s. 318.21, F.S.; revising the formula for distribution of the amounts of civil penalties received by county courts; amending s. 943.25, F.S.; revising deposit provisions related to the Additional Court Cost Clearing Trust Fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By Representative Edwards- HB 1031-A bill to be entitled An act relating to public libraries; amending s. 257.17, F.S.; revising provisions relating to eligibility to receive operating grants; revising provisions relating to library service; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Employee & Management Relations. By Representatives Arnall, Dennis, Fuller, Wise, King, Hill and Thrasher- HB 1041-A bill to be entitled An act relating to the City of Jacksonville Beach; amending section 8, "Vested Termination of Membership," of chapter 27643, Laws of Florida, 1951, as amended, being the Employees' Retirement System of the City of Jacksonville Beach, to make changes recommended by the Board of Trustees of the retirement system and the City Council, so as to provide death benefits to survivors of former vested members; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Employee & Management Relations. Referred to the Committee(s) on Tourism & Economic Development and By Representatives Arnall, Dennis, Fuller, King, Hill, Thrasher and Appropriations. Wise- By the Committee on Transportation; Representative Miller- HB 1033-A bill to be entitled An act relating to the Department of Highway Safety and Motor Vehicles; amending s. 320.03, F.S.; authorizing tax collectors to refund certain fees and taxes; providing procedures; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By the Committee on Transportation; Representative Miller- HB 1035-A bill to be entitled An act relating to transportation; creating s. 320.0657, F.S.; providing for fleet license plates and permanent tags; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By the Committee on Transportation; Representative Bronson- HB 1037-A bill to be entitled An act relating to trucking; amending s. 316.003, F.S.; providing a definition; amending s. 316.302, F.S.; revising language with respect to the Code of Federal Regulations concerning commercial motor vehicles; increasing a civil penalty; providing penalties; amending s. 316.515, F.S.; revising language with respect to maximum width, height, and length limitations for certain vehicles; amending s. 316.516, F.S.; revising language with respect to penalties for violation of width, height, and length limitation; providing for penalties by rule; amending s. 316.545, F.S.; revising language with respect to weight tolerance and the enforcement of weight laws; providing penalties; providing for weight inspection; amending s. 316.550, F.S.; prohibiting the operation of oversize or overweight vehicles without special permits; providing criteria to be contained in permits; providing penalties; providing for the disposition of penalties; amending s. 316.655, F.S.; conforming to the act with respect to penalties; amending s. 316.70, F.S.; providing a definition; revising safety standards relating to nonpublic- sector buses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representatives Arnall, Dennis, Fuller, Wise, King, Hill and Thrasher- HB 1039-A bill to be entitled An act relating to the City of Jacksonville; amending chapter 92-341, Laws of Florida, as amended, relating to the Jacksonville Police and Fire Pension Board of Trustees; providing that the board shall have the power to issue subpoenas to compel attendance of witnesses, production of documents, and to administer oaths to witnesses; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). HB 1043-A bill to be entitled An act relating to the City of Jacksonville; amending s. 17.06 of chapter 92-341, Laws of Florida, as amended, being the Charter of the City of Jacksonville, so as to clarify the exemptions provided by the charter to designated employees; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs. By Representative Long- HB 1045-A bill to be entitled An act relating to water pollution control; amending s. 403.1815, F.S.; specifying additional circumstances under which local regulation of the construction of water distribution mains and sewage collection and transmission systems may be authorized by the Department of Environmental Protection; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Natural Resources. By Representative Casey- HB 1047-A bill to be entitled An act relating to Medicaid; amending s. 409.915, F.S.; revising method by which counties are assessed for contributions to the Medicaid program; providing for annual assessment and monthly payments; providing for assessment of interest; providing for annual calculation of each county's Medicaid eligibles; limiting the percentage of change from the previous year's eligibles; specifying duties of the Division of State Health Purchasing of the Agency for Health Care Administration; requiring the Auditor General to verify selected eligibility records; providing procedure for initial calculation of assessments under the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care, Finance & Taxation and Appropriations. By Representative Tobin- HB 1049-A bill to be entitled An act relating to motor vehicle registration; amending s. 320.025, F.S.; authorizing the Auditor General's Medicaid Fraud Control Unit to register vehicles under fictitious names; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation and Finance & Taxation. By Representatives Geller, Sanderson, Mackenzie, Schultz, Lippman, Tobin, Stafford, Rayson, Graber and Eggelletion- HB 1051-A bill to be entitled An act relating to pari-mutuel wagering; creating s. 550.26304, F.S.; providing for the Breeders' Cup Meet; February 8, 1994 57 58 JOURNAL OF THE HOUSE authorizing pari-mutuel pools on thoroughbred horse races during the meet; prohibiting the conduct of certain racing within a certain distance of the facility at which the Breeders' Cup Meet is held during the meet; providing tax benefits and credits; authorizing the broadcast of the races conducted at the meet to other locations; providing for the commingling of certain wagers; providing for rules; providing for the application of the act in the event of certain statutory conflicts; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Regulated Industries, Finance & Taxation and Appropriations. By Representative Mackey- HB 1053-A bill to be entitled An act relating to Suwannee County; repealing chapter 23547, Laws of Florida, 1945, as amended, which provides for the establishment and operation of the Suwannee County Hospital Corporation; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Health Care and Finance & Taxation. By Representative Boyd- HB 1055-A bill to be entitled An act relating to disaster service volunteer leave; creating s. 110.120, F.S.; creating the "Florida Disaster Volunteer Leave Act," relating to administrative leave; providing definitions; authorizing disaster service volunteer leave under certain conditions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representative Logan- HB 1057-A bill to be entitled An act relating to Dade County; providing for the relief of Ardena R. Newry, as personal representative of the estate of Cyprian Newry, deceased, and Kijana Newry, Toyelle Newry, Cypriana Newry, Cyprian Newry, and Tryon Newry, children of Cyprian Newry, deceased, for injuries sustained as a result of the negligence of Public Health Trust of Dade County, d.b.a. Jackson Memorial Hospital; providing for payment by the Public Health Trust of Dade County, d.b.a. Jackson Memorial Hospital; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. HB 1059-Withdrawn By the Committee on Transportation; Representative Miller- HB 1061-A bill to be entitled An act relating to traffic safety; amending s. 316.003, F.S.; redefining the terms "school bus" and "commercial motor vehicle"; amending ss. 316.064, 316.066, and 324.051, F.S.; providing for a 10-day accident reporting period; amending s. 316.183, F.S.; revising language with respect to the maximum allowable speed for school buses; amending s. 316.1937, F.S.; revising language with respect to ignition interlock devices; amending s. 316.1951, F.S.; providing for the removal of certain motor vehicles; amending s. 316.1967, F.S.; providing for the transmission of traffic violation information by electronic means; amending s. 316.2065, F.S.; providing for the attachment of bicycle trailers; amending s. 316.217, F.S.; revising language with respect to when lighted lamps are required; amending s. 316.2397, F.S.; authorizing law enforcement and emergency vehicles to flash headlights; amending s. 316.2955, F.S.; directing the Department of Highway Safety and Motor Vehicles to make certain rules with respect to window sunscreening material; amending s. 316.613, F.S.; providing for vehicle manufacturers' integrated child seats; revising exemptions to the term "motor vehicle" with respect to child restraint laws; amending s. 316.615, F.S.; revising language with respect to the inspection of school buses; requiring certain insurance coverage; amending s. 316.640, F.S.; providing for enforcement of traffic laws; amending s. 316.650, F.S.; revising language with respect to traffic citations; repealing s. 316.71, F.S., relating to the suspension or delay of MI E OF REPRESENTATIVES February 8, 1994 specified functions and requirements, and the imposition of specified fees relating to highway safety and motor vehicles; amending s. 318.14, F.S.; revising language with respect to noncriminal traffic infractions; amending s. 318.1451, F.S.; providing for an additional assessment to be collected by driver improvement schools; amending s. 319.231, F.S.; revising language with respect to exceptions to an additional fee imposed on certain motor vehicle title or registration-only transactions; amending s. 319.25, F.S.; deleting language with respect to lists and searches and fees with respect to cancellation of certificates of title; amending s. 320.02, F.S.; authorizing licensed inspectors to issue notice of violations; providing penalties; amending s. 320.05, F.S.; providing for lists and searches and fees with respect to certain documents; repealing s. 320.866, F.S., relating to fees for certain documents; amending s. 320.06, F.S.; revising language with respect to the form of certain registration license plates and revising fee schedule; amending s. 320.0605, F.S., relating to certificate of registration; revising period of applicability; amending s. 320.0607, F.S.; providing for a reduced fee to replace stolen plates, stickers, or decals; creating s. 320.0657, F.S.; providing for permanent registration and for fleet license plates; amending s. 320.08, F.S.; revising language with respect to license taxes on heavy trucks and truck tractors; creating s. 320.08035, F.S.; providing for reduced dimension license plates for certain disabled persons; amending s. 320.0805, F.S.; providing for personalized prestige license plates for lessees of motor vehicles; amending s. 320.08065, F.S.; revising language with respect to Florida panther license plates; amending s. 320.08066, F.S.; revising language with respect to manatee license plates; amending s. 320.0808, F.S.; providing for the issuance of Challenger license plates to lessees; amending s. 320.0809, F.S.; providing for the issuance of collegiate license plates to lessees; amending s. 320.083, F.S.; providing that certain license plates available to amateur radio operators shall be available for lessees of motor vehicles; amending s. 320.089, F.S.; authorizing lessees to receive certain license plates; amending s. 320.0895, F.S.; revising language with respect to Florida Salutes Veterans license plates; amending s. 320.0896, F.S.; providing for Florida Special Olympics license plates to motor vehicle lessees; amending s. 320.1325, F.S.; prohibiting the issuance of temporarily employed registration plates to any commercial motor vehicle; providing for the issuance to lessees; amending s. 320.18, F.S.; providing language with respect to the canceling of registration; amending s. 320.27, F.S.; redefining the term "motor vehicle dealer"; amending s. 320.8231, F.S.; correcting a cross reference; amending s. 320.824, F.S.; correcting a cross reference; amending s. 320.8285, F.S.; revising language with respect to onsite inspection; amending s. 322.01, F.S.; revising definitions; amending s. 322.02, F.S.; providing for reciprocal agreements with other political entities; amending s. 322.0261, F.S.; revising language with respect to mandatory driver improvement courses; providing for a fee; amending s. 322.03, F.S.; providing requirements with respect to the operation of a motorcycle; amending s. 322.055, F.S.; providing for petition for restoration of driving privilege for certain violations; amending s. 322.12, F.S.; providing for a hazardous materials endorsement on a person's driver license; amending s. 322.121, F.S.; revising language with respect to the periodic reexamination of all drivers; amending s. 322.14, F.S.; requiring certain persons seeking a driver license to appear in person; amending s. 322.21, F.S.; revising language with respect to certain persons who are exempt from delinquent fees for license expiration; amending s. 322.22, F.S.; revising language with respect to license cancellation; amending s. 322.24, F.S.; providing reference to foreign countries with respect to license suspension; amending s. 322.27, F.S.; revising language with respect to the point system for out-of-state convictions; amending s. 322.271, F.S.; prohibiting the issuance of commercial driver licenses under certain circumstances; amending s. 322.34, F.S.; revising language with respect to driving without a driver license or while the driver's license or driving privilege is suspended, revoked, canceled, or disqualified; amending s. 322.57, F.S.; providing for requirements with respect to tests for hazardous materials endorsements; amending s. 322.66, F.S.; revising language with respect to vehicles permitted to be driven during a skills test; amending s. 324.031, F.S.; revising amounts with respect to proving financial responsibility; amending s. 324.071, F.S.; increasing a reinstatement fee; amending s. 324.161, F.S.; increasing amounts with respect to proof of financial responsibility; amending s. 325.20.2, F.S.; redefining the term "program area"; amending s. 207.003, F.S.; correcting a cross reference with respect to the privilege tax; amending s. 207.004, F.S.; providing for temporary fuel use permits and driveaway permits; amending s. 207.005, F.S.; revising language with respect to taxes; amending s. 207.007, F.S.; revising language with respect to offenses, penalties, and interest; amending s. 207.011, F.S.; deleting language with JOURNAL OF THE HOUSI respect to an agreement between the Department of Revenue and the Department of Highway Safety and Motor Vehicles; amending s. 207.026, F.S.; providing a cross reference; amending s. 207.0281, F.S.; revising language with respect to cooperative reciprocal agreements; amending s. 316.545, F.S.; authorizing the issuance of temporary fuel use permits; repealing s. 207.029, F.S., relating to proof of liability insurance; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation. By Representative Cosgrove- HB 1063-A bill to be entitled An act relating to convention development taxes; amending s. 212.0305, F.S.; revising the use of proceeds of the charter county convention development tax; revising requirements relating to appointment of authorities and terms and qualifications of members; providing additional powers of authorities; providing requirements relating to approval of authorities' budgets; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development, Finance & Taxation and Appropriations. By Representative Bitner- HB 1065-A bill to be entitled An act relating to changes of name; amending s. 68.07, F.S.; requiring court clerks to notify law enforcement agencies of a final judgment entered to change the name of a convicted felon; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Crady- HB 1067-A bill to be entitled An act relating to postsecondary education; amending s. 240.1201, F.S.; providing that members of the United States Armed Services at federal military establishments be classified as residents for tuition purposes; providing qualifications; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representative Bullard- HB 1069-A bill to be entitled An act relating to the Statewide Human Rights Advocacy Committee; creating s. 402.164, F.S.; providing for designation of a nonprofit corporation to operate as the Statewide Human Rights Advocacy Committee; providing for transfer of powers, duties, records, property, and funds of the statewide committee to the designated corporation; providing for appointment of a board of directors; providing eligibility to use the state communications system; providing for state insurance and state agency cooperation; requiring annual audits; amending s. 402.165, F.S.; transferring administrative support for the committee to the Department of Business and Professional Regulation; revising requirements for committee membership; revising procedure for filling vacancies; providing for standarized training for committee members; authorizing reimbursement for certain telephone calls; modifying committee responsibilities; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Hawkins- HJR 1071-A joint resolution proposing an amendment tqSection 4 of Article VII and the creation of Section 21 of Article XII of the State Constitution relating to ad valorem tax assessment. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. February 8, 1994 E OF REPRESENTATIVES 59 By Representatives Sublette, Shepard, Couch, Reddick, Sindler, Feeney, Webster, Constantine and Starks- HB 1073-A bill to be entitled An act relating to the City of Belle Isle, Orange County; amending ch. 75-329, Laws of Florida; authorizing the city council to amend, by ordinance and without referendum, for one time only, the city charter to provide for a new general election date for municipal elections, to provide for new beginning dates for terms of office, and to provide for limited extended or shortened terms for certain incumbents to coincide with such new election date; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Ethics & Elections. By Representatives Sublette, Shepard, Couch, Reddick, Sindler, Feeney, Webster, Constantine and Starks- HB 1075-A bill to be entitled An act relating to the City of Edgewood; providing the City Council of the City with the authority, by ordinance and without referendum, to amend the City's Charter to provide for new election dates for municipal elections, and to further amend the City's Charter to provide for new beginning dates for terms of office and to provide for extended or shortened terms for incumbents to coincide with such new election dates; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Ethics & Elections. By Representative Klein- HB 1077-A bill to be entitled An act relating to public school instruction; amending s. 233.061, F.S., relating to required instruction; requiring the teaching of the history of the Holocaust; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Buddy Johnson- HB 1079-A bill to be entitled An act relating to road designation; designating the portion of State Road 39 from Interstate Highway 4 in Hillsborough County to United States Highway No. 301 in Pasco County as the Paul S. Buchman Highway; directing the Department of Transportation to erect suitable markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representative R. Saunders- HB 1081-A bill to be entitled An act making an appropriation; appropriating up to $520,000 to Florida Keys Community College for specified capital-outlay purposes if moneys from a previous appropriation to the college revert to the state; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representative Tobin- HB 1083-A bill to be entitled An act relating to pari-mutuel wagering; creating s. 550.26365, F.S.; providing for the Breeders' Crown Meet; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Regulated Industries, Finance & Taxation and Appropriations. By Representatives Abrams, Pruitt and Goode- HB 1085-A bill to be entitled An act relating to regulation of fast food franchises; providing a short title; providing legislative findings and intent; providing applicability; providing definitions; imposing a duty of good faith; specifying duties of franchisors; providing for transfers of interests 60 JOURNAL OF THE HOUSE in franchises; providing criteria; providing procedures; providing limitations; prohibiting encroachment; providing criteria; providing for termination of franchises; providing procedures; providing for renewals of franchises; providing a prohibition against discrimination; prohibiting certain clauses in franchise agreements; providing for jurisdiction; providing for treatment of unconscionable provisions in franchise agreements; specifying remedies; providing severability; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Logan- HB 1087-A bill to be entitled An act relating to child support enforcement; transferring the child support enforcement program from the Department of Health and Rehabilitative Services to the Department of Revenue; providing for existing rules and pending proceedings; requiring, the Department of Health and Rehabilitative Services to provide certain services to the Department of Revenue; providing for consideration of certain employees by firms under privatization contract; transferring the Clerk of the Court Child Support Enforcement Collection System Trust Fund and the Child Support Enforcement Application and User Fee Trust Fund to the Department of Revenue; amending s. 20.19, F.S.; abolishing the Child Support Enforcement Program Office within the Department of Health and Rehabilitative Services; amending s. 20.21, F.S.; creating a Division of Child Support Enforcement within the Department of Revenue; amending ss. 409.2554, 409.2561, 409.2567, and 409.2577, F.S.; designating the Department of Revenue as the state agency responsible for the administration of the child support enforcement program under Title IV-D of the Social Security Act; amending ss. 61.046 and 61.16, F.S.; redefining "department" as the Department of Revenue for purposes of provisions relating to child support enforcement; amending ss. 88.031 and 88.171, F.S.; redefining "department" as the Department of Revenue under the Revised Uniform Reciprocal Enforcement of Support Act; amending ss. 90.502, 287.059, and 411.222, F.S., to conform; repealing s. 213.053(15), F.S., which authorizes the Department of Revenue to disclose certain information to the Title IV-D child support enforcement program; amending s. 213.053, F.S., to conform; authorizing the Department of Health and Rehabilitative Services to contract with the Department of Revenue for services prior to the transfer; granting the Department of Revenue specified budget flexibility for fiscal year 1994-1995; directing the Division of Statutory Revision to prepare a reviser's bill; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By Representative Warner- HB 1089-A bill to be entitled An act relating to educational finance; amending s. 236.25, F.S.; authorizing district school boards to levy additional discretionary millage for specified purposes; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education, Finance & Taxation and Appropriations. By Representative D. Saunders- HB 1091-SF-A bill to be entitled A proposal relating to the Florida Education Finance Program. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative D. Saunders- HB 1093-A bill to be entitled An act relating to taxes on severance and production of minerals; amending s. 211.06, F.S.; revising the distribution from the Oil and Gas Tax Trust Fund; amending s. 211.31, F.S.; increasing the tax on the severance of certain solid minerals over a specified period; revising the distribution of the proceeds of the tax; providing for use of moneys in the Land Reclamation Trust Fund and abolishing the fund in 1999; providing for use of moneys in a Minerals Trust Fund and for transfers from the fund; amending s. 211.3103, F.S.; revising the distribution of the proceeds of the tax on the severance of phosphate rock; I E OF REPRESENTATIVES February 8, 1994 amending s. 253.023, F.S.; correcting a reference; amending s. 211.3106, F.S.; revising the rate of the tax on the severance of heavy minerals; reenacting provisions relating to distribution of tax proceeds to incorporate the amendment to s. 211.31, F.S., in a reference thereto; directing the Department of Environmental Protection to report on those solid minerals which are not subject to a severance tax; providing a contingent effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative D. Saunders- HB 1095-A bill to be entitled An act relating to trust funds; creating the Minerals Trust Fund within the Department of Revenue; providing for source of moneys and purposes; providing for future review and termination or re-creation of the fund; providing a contingent effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Feren- HB 1097-A bill to be entitled An act for the relief of Jerry Bronstein; providing an appropriation to compensate him for payments owed him by the Department of Health and Rehabilitative Services; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative Feren- HB 1099-A bill to be entitled An act relating to professional services; amending s. 287.055, F.S.; revising language with respect to competitive selection of professional services; authorizing agencies to consider proposals for compensation for professional services from firms selected during the competitive selection process prior to the competitive negotiation process; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations and Appropriations. By Representative Gay- HB 1101-A bill to be entitled An act relating to Sarasota County; clarifying the Manasota Key Conservation District Act, chapter 71-904, Laws of Florida; reaffirming the intents of that act regarding restrictions on the use of lands within the district; making findings of fact concerning the need for improved clarity of language and definitions of words in the act regarding these restrictions; providing an unambiguous basis to adjudicate and enforce the act per the legal proceedings provided therein; providing that this act shall be recorded in the public records of Sarasota County, 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 Natural Resources. By Representatives Rayson and Jacobs- HB 1103-A bill to be entitled An act relating to motor vehicles; amending s. 20.24, F.S.; creating the Division of Motor Vehicle Inspection within the Department of Highway Safety and Motor Vehicles; providing definitions; requiring annual inspection of motor vehicles; prohibiting operation of a vehicle without a current inspection sticker; prohibiting sale of a motor vehicle that does not bear such sticker; specifying time limit for inspection of newly registered vehicles; specifying repair procedures for defective vehicles; requiring reinspection of damaged vehicles; specifying inspection criteria; providing for inspection of license plates; providing for the establishment of inspection stations; providing for self-inspection; providing for supervision; providing for adoption of rules and forms by the division; providing for collection and deposit of fees; providing for JOURNAL OF THE HOUSE OF REPRESENTATIVES budgeting; requiring approval of schedule of operation of inspection stations; providing for recognition of certain inspection stickers issued by entities other than the state; providing that inspection is not a warranty; prohibiting misuse of stickers; prohibiting altered, forged, or reproduced inspection stickers; providing penalties; providing for phased implementation of the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Klein- HB 1105-A bill to be entitled An act relating to driver licenses; amending s. 322.15, F.S.; requiring law enforcement officers issuing traffic citations to persons who do not have a driver license to require the person to place a fingerprint on the citation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation and Appropriations. HB 1107-Withdrawn By Representative Wallace- HB 1109-A bill to be entitled An act relating to ad valorem tax exemption; amending s. 196.012, F.S.; providing that certain activities undertaken by certain lessees of real property used for specified purposes are deemed to serve governmental, municipal, or public purposes or functions; clarifying language; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Hafner- HB 1111-A bill to be entitled An act relating to pollution prevention; amending s. 403.031, F.S.; amending the definition of the term "pollution prevention"; amending s. 403.073, F.S.; establishing a voluntary goal for the reduction of toxic emissions; providing for programs of incentives and positive publicity to encourage pollution prevention; amending s. 403.074, F.S.; providing for the expansion of the Waste Reduction Assistance Program; creating s. 403.075, F.S.; providing requirements for pollution prevention grants to local governments; creating s. 403.076, F.S.; providing regulatory flexibility to implement pollution prevention; amending s. 403.165, F.S.; specifying the purposes and priorities for the use of the Pollution Recovery Fund; providing appropriations; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By Representative Thrasher- HJR 1113-A joint resolution proposing amendments to Sections 2 and 15 of Article III, Sections 8, 17, and 18 of Article V, and Section 1 of Article VIII and the creation of Section 7 of Article VI of the State Constitution, relating to constitutional residency requirements. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections. By Representatives McClure and Peeples- HB 1115-A bill to be entitled An act relating to water resources; creating the Water Management District Review Commission; prescribing its duties and responsibilities; repealing ss. 373.069-373.197, F.S., relating to water resources, and providing for legislative review of such sections; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Stafford- HB 1117-A bill to be entitled An act relating to aliens; establishing the Florida Commission on Newcomer Issues to serve as a forum for the discussion and study of issues concerning aliens, as a clearinghouse for information on these issues, and as the state liaison to all federal agencies and to the state congressional delegation with respect to these issues; providing for membership and organization of the commission; prescribing the functions and duties of the commission; providing for reports by the commission; prescribing the duties of other state agencies in assisting the commission with its responsibilities; prescribing duties of the Department of Law Enforcement with respect to including citizenship information in the offender-based transaction system and to ensuring participation and maintenance of accurate and updated information in that system by state and local agencies and reporting their compliance to the commission; authorizing the Department of Corrections to release custody of aliens incarcerated in state correctional facilities to the United. States Department of Justice for deportation; authorizing the Parole Commission to release parolees and probationers to the United States Department of Justice for deportation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By Representative Futch- HB 1119-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.08, F.S.; removing a prohibition against application of the exemption for machinery and equipment used in new or expanding businesses to printing or publishing firms; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Posey- HB 1121-A bill to be entitled An act relating to the Teacher's Retirement System of Florida; amending s. 238.07, F.S.; providing that members may buy into the system to retire with less than 30 years of creditable service; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representative Crist- HB 1123-A bill to be entitled An act relating to homestead exemption; amending s. 196.041, F.S.; providing that a member of a continuing care retirement community who has the right to occupy a living unit in a continuing care facility for the rest of his or her life is deemed to have beneficial title in equity to such unit and is entitled to homestead exemption; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Hawkins- HB 1125-A bill to be entitled An act relating to stone crab licenses; amending s. 370.13, F.S.; providing restrictions on the renewal or reissuance of certain stone crab trap numbers; providing that stone crabs shall be designated as a restricted species; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Pruitt- HB 1127-A bill to be entitled An act relating to the Department of Environmental Protection; providing legislative intent; providing applicability; providing a definition; requiring the department to publish certain information and documents with certain rules; requiring the Secretary of Environmental Protection to provide a certification with respect to such information and documents; requiring the department to report to the President of the Senate and the Speaker of the House of Representatives under certain circumstances; providing construction; requiring the department to adopt certain rules within a certain time; providing an effective date. February 8, 1994 61 JOURNAL OF THE HOUSE OF REPRESENTATIVES First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By Representative Merchant- HB 1129-A bill to be entitled An act relating to district school board liability; exempting school boards from liability with respect to persons using school board facilities for certain recreational purposes; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Sublette, Shepard, Reddick, Sindler, Couch, Feeney, Webster, Constantine and Starks- HB 1131-A bill to be entitled An act relating to the City of Ocoee, Orange County, amending chapter 90-431, Laws of Florida, relating to police jurisdiction on roadways located outside city limits but inside county limits to grant additional arrest powers to duly constituted law enforcement officers of the city; expanding the city's extraterritorial jurisdiction on additional roadways; 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 Sembler- HB 1133-A bill to be entitled An act relating to saltwater fisheries; creating s. 370.0603, F.S.; prohibiting the use of a gill or trammel net for commercial fishing purposes in the salt waters of this state without a valid gill net fishing license; providing the form and display requirements of the license; establishing fees and providing for disposition thereof; prohibiting certain use of fee proceeds; providing a fee waiver; providing license period; providing penalties; amending s. 370.07, F.S.; authorizing the sharing of purchase and sales reports with certain other states; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Long- HB 1141-A bill to be entitled An act relating to biomedical waste; amending s. 1 of ch. 92-31, Laws of Florida; continuing a moratorium for the construction of biomedical waste incinerators until a date specified; requiring the Department of Environmental Protection to make certain legislative recommendations, amend certain rules, and evaluate state biomedical waste generation and treatment capacity, according to a specified schedule; requiring a report to the Legislature; exempting certain incinerators which have completed state and local permitting and begun construction by the effective date of the act; providing consistency with prior legislative action; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Rojas- HB 1143-A bill to be entitled An act relating to the Florida Prepaid Postsecondary Education Expense Program; amending s. 240.551, F.S.; providing power to require purchasers of advance payment contracts to verify contract changes; specifying verification procedures; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education. By Representative Fuller- HCR 1145-A concurrent resolution requesting Congress to direct funding for the study, treatment, and cure of Fibromyalgia/Chronic Fatigue and Immune Dysfunction Syndrome. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care. Referred to the Committee(s) on Natural Resources, Finance & Taxation By Representative Cosgrove- and Appropriations. By Representative Barreiro- HB 1135-A bill to be entitled An act relating to road designations; codesignating Eureka Drive in Miami as Burger King Way; codesignating a portion of Collins Avenue as Jose Marti Way; directing the Department of Transportation to erect suitable markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representative Buddy Johnson- HB 1137-A bill to be entitled An act relating to impact fees; creating the Florida Development Impact Fee Act; providing policy; providing definitions; authorizing a local government that has adopted a capital improvements element as part of its comprehensive plan to impose development impact fees as a condition of development approval by ordinance; specifying effect of payment of such fees; providing standards and requirements for such ordinances; requiring appointment of an advisory committee; providing requirements for ordinance adoption; requiring that certain credits be given against such fees; providing requirements for maintenance of, and accounting for, fee revenues, and for expenditure thereof; providing procedures and requirements for refunds; providing for appeals; authorizing intergovernmental agreements; requiring that local ordinances and resolutions be brought into conformance with the act within a specified period; superseding conflicting laws; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Taxation and Appropriations. By Representative Schultz- HB 1139-A bill to be entitled An act relating to civil rights ordinances; authorizing enactment and enforcement under certain circumstances; providing an effective date. HB 1147-A bill to be entitled An act relating to airport zoning regulations; amending s. 333.03, F.S.; revising regulations with respect to location or construction of educational facilities within an area contiguous to an airport; amending s. 235.19, F.S., relating to educational facilities site planning, to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representatives Thrasher, Mortham, Armesto-Garcia, Casey, Manrique, Buddy Johnson, King, Posey, Starks, Wise, Fuller and Bainter- HB 1149-A bill to be entitled An act relating to elections; amending s. 98.051, F.S.; authorizing voter registration on Sundays at locations other than the main office of the supervisor of elections; eliminating notice requirements for additional registration hours, days, and places; amending s. 98.211, F.S.; providing for centralized voter registration records; providing for rulemaking authority; creating s. 99.013, F.S., relating to the residency requirement of law for candidates for public office and elected and appointed public officers; defining "residence," "residency requirement," and "resident"; requiring that certain candidates or public officers have only one declared residence; providing factors to be considered; requiring candidates for certain offices to meet the residency requirement at the time of qualifying for office and certain appointed public officers to meet the residency requirement at the time of appointment; providing for investigation of violations by the Florida Elections Commission; amending s. 106.18, F.S.; requiring omission from the ballot of the name of any candidate found in violation of the residency requirement; amending s. 106.25, F.S.; granting the Florida Elections Commission authority to investigate, consider, and determine such violations; providing procedure; amending s. 106.26, F.S.; providing procedure upon a determination that such a violation has occurred or has not occurred; amending s. 99.021, F.S.; requiring candidates for statewide or legislative office to sign a fair campaign practices pledge; amending ss. 99.095, 99.0955, 99.096, and 112.312, FrS., to conform; amending s. 99.061, 62 February 8, 1994 JOURNAL OF THE HOUSI F.S.; allowing a candidate to pay the qualifying fee by cashier's check under certain circumstances; amending s. 106.11, F.S., relating to expenditures from campaign accounts, to conform; creating s. 101.625, F.S.; providing for the facsimile transmission of absentee ballots in certain emergency circumstances; amending s. 101.041, F.S., relating to secret voting, to conform; amending s. 102.031, F.S.; regulating activities around polling places; expanding the area within which solicitation is prohibited; amending ss. 106.04 and 106.07, F.S.; eliminating provisions providing for an assessment on contributions that has been declared unconstitutional; amending s. 106.071, F.S.; requiring additional information in reports from persons making independent expenditures; providing for disclaimers on political advertisements paid for by independent expenditure; providing penalties; amending s. 106.08, F.S.; providing that certain services, assistance, and efforts are contributions for purposes of the cap on contributions a candidate may accept from a political party; amending s. 106.141, F.S.; providing for disposition of surplus funds received after filing of the final report; requiring amended reports; eliminating disposition of funds to a political party; conforming language; amending s. 106.143, F.S.; requiring candidate approval of certain political advertisements and provision of a written statement of approval to the advertiser; requiring an approval disclaimer on political advertisements paid for by independent expenditure; creating s. 106.147, F.S.; prohibiting payment for walk- around services on election day; providing a definition; providing exemptions; providing a penalty; amending s. 106.29, F.S., relating to reports by political parties; requiring such reports to be filed on the same days as are reports filed by candidates; requiring such reports to itemize expenditures made on behalf of candidates for statewide or legislative office; requiring the Division of Elections to audit such reports in a timely manner and to file complaints arising therefrom with the Florida Elections Commission; increasing the fines for late reporting and for knowingly filing an incorrect, false, or incomplete report; providing procedures for the "assessment and appeal of such fines; providing for a fine against a political party contributing funds to a candidate in excess of the limit the candidate is allowed to accept; eliminating a provision providing for an assessment on contributions that has been declared unconstitutional; repealing ss. 106.30-106.36, F.S., the "Florida Election Campaign Financing Act"; amending ss. 99.092, 99.093, 102.112, 105.031, 106.04, 106.07, 106.22, and 106.265, F.S., to conform; providing that moneys formerly deposited into the Election Campaign Financing Trust Fund shall be deposited into the Elections Commission Trust Fund; amending ss. 327.25 and 607.1622, F.S., and repealing ss. 199.052(14), 320.02(13), and 322.08(7), F.S., to eliminate the requirement that the forms for annual intangible tax returns, motor vehicle registration applications, driver's license applications, boat registration applications, and annual reports of corporations include language permitting a voluntary contribution to the Election Campaign Financing Trust Fund; repealing s. 100.091, F.S., relating to the second primary election; repealing s. 100.096, F.S., relating to special local elections to be held at the second primary election; amending s. 100.061, F.S.; providing for a single primary election, including the date for holding that election; providing that candidates receiving the highest number of votes in the primary election be declared nominated; providing a method for deciding tie votes; eliminating the second primary; amending ss. 10.1008, 97.021, 98.051, 98.081, 99.061, 99.095, 99.103, 100.071, 100.081, 100.111, 100.141, 101.141, 101.251, 101.252, 101.62, 102.012, 103.021, 103.022, 103.091, 105.031, 105.041, 105.051, 106.07, and 106.08, F.S.; conforming language; modifying provisions relating to ballots sent to absent qualified electors overseas; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections, Finance & Taxation and Appropriations. By Representative Buddy Johnson- HM 1151-A memorial to the Congress of the United States, applying to Congress to call a convention for the purpose of proposing a balanced budget amendment to the Constitution of the United States. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Appropriations. By Representative Safley- HB 1153-A bill to be entitled An act relating to the Florida Public Service Commission; amending s. 350.001, F.S.; providing power to the Governor and removing a reference to the Florida Public Service February 8, 1994 E OF REPRESENTATIVES 63 Commission Nominating Council; amending s. 350.01, F.S.; revising language with respect to terms of service for current and future commissioners; amending s. 350.03, F.S.; providing for Senate confirmation of appointments; repealing s. 350.031, F.S., which creates the Florida Public Service Commission Nominating Council; amending ss. 350.041, 350.042, and 350.043, F.S.; removing references to the Florida Public Service Commission Nominating Council; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Appropriations. By Representative Rudd- HB 1155-A bill to be entitled An act relating to aged persons and disabled adults; amending ss. 914.16, 914.17, and 918.16, F.S.; extending to persons with developmental disabilities, aged persons, and disabled adults, the same rights enjoyed by minors with respect to sexual abuse, the appointment of an advocate when the person is a victim or witness, and testimony with respect to sex offenses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Comr ittee(s) on Aging & Human Services and Appropriations. By Representative Hanson- HB 1157-A bill to be entitled An act relating to violent offenses; amending s. 784.045, F.S.; increasing the penalty for certain aggravated battery offenses and prescribing a minimum term of imprisonment; amending s. 775.087, F.S.; increasing the minimum terms of imprisonment imposed for using a weapon during the commission of specified offenses; amending s. 787.01, F.S.; prescribing a minimum term of imprisonment for specified offenses committed in the course of kidnapping a child under 13 years of age; amending s. 794.011, F.S.; prescribing minimum terms of imprisonment for specified sexual battery offenses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Morroni, Lippman and Healey- HB 1159-A bill to be entitled An act relating to motor vehicles; amending s. 320.1325, F.S.; providing for the issuance of certain temporary license plates; providing for fees; providing for the distribution of revenues; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Logan- HB 1161-A bill to be entitled An act relating to transportation; amending s. 320.03, F.S.; increasing a fee charged for initial and renewal registration of certain automobiles and trucks, for deposit into the Transportation Disadvantaged Trust Fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Crady- HB 1163-A bill to be entitled An act relating to investment of public funds; amending ss. 125.31, 166.261, 215.47, 218.345, 219.075, and 236.24, F.S.; authorizing investment of public funds in obligations of agencies or instrumentalities of the United States Government; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations, Finance & Taxation and Appropriations. By Representative Stafford- HB 1165-A bill to be entitled An act relating to the office of sheriff; providing a legislative finding; providing for applicability and scope of the JOURNAL OF THE HOUSE OF REPRESENTATIVES act; providing definitions; providing for the appointment or promotion of deputy sheriffs subject to probation; authorizing a sheriff to terminate a deputy sheriff's appointment before completion of probation; providing requirements for disciplinary actions taken against deputy sheriffs by sheriffs; requiring sheriffs to establish disciplinary review boards; providing for membership of the boards; requiring that a deputy sheriff be given notice of any proposed disciplinary action; providing for appeal of a proposed disciplinary action to the disciplinary review board; providing procedures for review by the board; providing for continuation of employment under a new sheriff; repealing specified local acts relating to the office of sheriff and providing for adoption as county ordinances; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By Representative Lippman- HB 1167-A bill to be entitled An act relating to firefighters, paramedics, and emergency medical technicians; providing legislative intent; creating s. 112.181, F.S.; providing definitions; providing that a disability caused by certain diseases shall be presumed to have been suffered in the line of duty in certain circumstances and if certain conditions are met; authorizing certain insurance contracts to include coverage for such disabilities; requiring records to be kept of an employee's exposure to such disease; requiring an employee to be notified of such exposure; providing for confidentiality; providing a contribution rate increase to fund the act; providing for construction; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. HB 1169-Withdrawn By Representative Sindler- HB 1171-A bill to be entitled An act relating to education; amending s. 231.45, F.S.; revising the manner in which records of personnel absences shall be maintained; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Wise- HB 1173-A bill to be entitled An act relating to minority business; amending s. 288.703, F.S.; including handicapped persons within the definition of "minority person" for purposes of the "Florida Small and Minority Business Assistance Act of 1985"; revising the definition of "small business" to include certain nonprofit corporations; amending s. 287.042, F.S.; providing minority business enterprise procurement goals for state agency construction contracts; reenacting ss. 24.113(1) and 166.111(2)(c), F.S., relating to minority business set-aside requirements for the Department of the Lottery and for firms providing professional services in the issuance of municipal bonds, to incorporate the amendment to s. 288.703(3), F.S., in references thereto; amending ss. 120.54, 376.305, 376.3071, and 376.60, 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 Tourism & Economic Development and Appropriations. By Representative Geller- HB 1175-A bill to be entitled An act relating to unfair insurance trade practices; amending s. 626.9541, F.S.; providing limitations on selling annuities at financial institutions under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance. By Representative Wise- HB 1177-A bill to be entitled An act relating to postsecondary education; creating s. 240.1535, F.S., relating to learning aids for disabled students in state community colleges and universities; authorizing appropriation of funds; providing definitions; providing for application for funds and reimbursement; providing for rules; amending s. 216.136, F.S., relating to consensus estimating conferences; requiring estimates of state community college and university students needing learning aids; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representatives Morse, Cosgrove, Armesto-Garcia, Jacobs, Bullard, Barreiro, Rayson, Sanderson and Manrique- HB 1179-A bill to be entitled An act relating to dietetics and nutrition practice; amending s. 468.503, F.S.; defining the terms "clinical nutrition," "licensed clinical nutritionist," "nutrition counseling," and preprofessionall experience component"; amending s. 468.506, F.S.; creating the Nutrition Counselors Practice Council under the Board of Medicine; providing powers and duties and for the appointment of members to the council; prescribing criteria and procedure for appointment of members to that council and to the Dietetics Practice Council; amending s. 468.51, F.S.; providing for the licensure of nutrition counselors and clinical nutritionists; establishing educational and internship requirements; providing for an examination; amending s. 468.511, F.S.; providing for the issuance of temporary permits; amending s. 468.512, F.S.; revising terminology authorized to be used by certain licensees; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation, Finance & Taxation and Appropriations. By Representative Manrique- HB 1181-A bill to be entitled An act relating to bail bond agents; amending s. 648.25, F.S.; revising definitions; amending s. 648.26, F.S.; deleting reference to the Bail Bond Advisory Council; repealing s. 648.265, F.S.; relating to the Bail Bond Advisory Council; amending s. 648.266, F.S.; deleting reference to the council and providing reference to the Department of Insurance; amending s. 648.27, F.S.; providing that the department shall not issue or renew a license or appointment as a runner on or after July 1, 1994; amending ss. 648.29, 648.315, 648.35, 648.38, 648.382, 648.383, 648.384, 648.39, 648.40, 648.41, 648.42, 648.421, 648.43, 648.441, 648.4425, 648.45, 648.48, 648.50, and 648.55, F.S.; providing for reference to bail bond agents; providing for gender-neutral language; amending s. 648.30, F.S.; revising language with respect to licensure and appointment; amending s. 648.31, F.S.; providing for the deposit of appointment taxes and fees; amending s. 648.33, F.S.; providing a penalty for violating a provision on bail bond rates; creating s. 648.331, F.S.; providing for a bail bond regulatory surcharge; providing penalties; amending s. 648.34, F.S.; revising language with respect to the qualifications of bail bond agents; amending s. 648.36, F.S.; deleting a requirement with respect to bail bond agent's records; amending s. 648.365, F.S.; revising language with respect to statistical reports; amending s. 648.37, F.S.; revising language with respect to the qualifications of runners; amending s. 648.381, F.S.; revising language with respect to reexamination; creating s. 648.385, F.S.; providing for required continuing education; providing penalties; amending s. 648.44, F.S.; revising language with respect to prohibitions; providing a definition; amending s. 648.442, F.S.; revising language with respect to collateral security; amending s. 648.46, F.S.; revising language with respect to procedure for disciplinary action against licensees; amending s. 648.49, F.S.; increasing the number of hours required to be in a course for certification; amending s. 648.571, F.S.; revising language with respect to failure to return collateral; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance, Finance & Taxation and Appropriations. By Representatives Lippman, King, Thomas, Hawkes and Morse- HB 1183-A bill to be entitled An act relating to health care; creating the "Public Health and Health Care Administration Act of 1994"; providing legislative intent that the Department of Health Care Services serve as the single agency responsible for state health matters; amending s. 20.04, F.S.; providing an exemption for the internal structure of the department; 64 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES creating s. 20.43, F.S.; establishing organizational structure of the department; transferring powers, duties and functions, records, personnel, property, appropriations, and rules of the Agency for Health Care Administration from the Department of Business and Professional Regulation to the department; repealing s. 20.42, F.S., relating to creation of the agency; transferring powers, duties and functions, records, personnel, property, appropriations, and rules relating to public health matters, children's medical services, and alcohol, drug abuse, and mental health services from the Department of Health and Rehabilitative Services to the Agency for Public Health Services of the department; establishing purpose and duties of the department; amending s. 408.033, F.S.; renaming the Statewide Health Council as the State Health Council; providing for report to the Secretary of Health Care Services; expanding council membership; establishing respective advisory councils for the Agency for Health Care Administration and the Agency for Public Health Services; repealing s. 33 of ch. 92-33, Laws of Florida, and s. 4 of ch. 93-129, Laws of Florida; abrogating transfer to the Agency for Health Care Administration of the Division of Medical Quality Assurance of the Department of Business and Professional Regulation; repealing ss. 455.2141, 455.2173, and 455.220, F.S., repealing ss. 37, 38, 39, 40, 41, 42, 43, 47, 48, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65 of ch. 92-33, Laws of Florida, and amending s. 455.221, F.S.; deleting references to the Agency for Health Care Administration from provisions governing the licensure and regulation of professionals; amending s. 455.2205, F.S.; transferring the Health Care Trust Fund from the agency to the department; amending s. 20.19, F.S.; renaming the Department of Health and Rehabilitative Services as the Department of Social and Economic Services; deleting references to health matters and responsibilities transferred to the Department of Health Care Services; renaming the health and human services boards as human services boards; amending s. 154.02, F.S.; renaming the public health units as public health departments; renaming the Public Health Unit Trust Fund and transferring administration thereof to the Department of Health Care Services; amending s. 154.04, F.S.; revising procedure for appointment of public health department directors or administrators; providing for the continuation of rules; providing for the effect of the act on pending judicial and administrative proceedings; providing severability; directing the statute editors to prepare a reviser's bill; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care, Finance & Taxation and Appropriations. By Representatives Cosgrove, Stafford and Warner- HB 1185-A bill to be entitled An act relating to false claims against the state; creating the Florida False Claims Act; providing purpose of the act; providing definitions; creating a civil cause of action against persons and entities who present false claims against the state; providing for civil penalties and treble damages; providing procedures to bring or intervene in civil actions for false claims; authorizing the Department of Legal Affairs to investigate and to bring a civil action; providing for confidentiality of investigative information and civil complaints; providing for review and repeal; authorizing private citizens to bring a civil action for violations of the act; authorizing the Department of Legal Affairs or the Department of Banking and Finance to intervene in such an action; providing for rights of the parties to civil actions; providing for awards to the parties who bring civil actions; providing for reduction of treble damages awards under certain circumstances and requiring a written order; providing for an award of expenses, attorney's fees, and costs; authorizing limited stays of discovery in certain circumstances; providing exemptions from the civil cause of action; authorizing certain compromise and settlement; providing protections to participating employees; providing for agency awards and for deposit of remaining proceeds; providing for a statute of limitations for civil actions for false claims against the state; providing for construction and severability; providing for burden of proof; amending s. 16.53, F.S.; providing for deposit of moneys recovered under the act in the Legal Affairs Revolving Trust Fund or the Administrative Trust Fund of the Department of Banking and Finance; providing a statement of public necessity for exemptions to s. 119.07(1), F.S.; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Charles- HB 1187-A bill to be entitled An act relating to insurance; amending s. 627.409, F.S.; limiting the errors in an insurance application which may bar recovery under the insurance coverage; providing that certain agent errors in completing an application waive the insurer's right to deny coverage; requiring insurers to complete investigations of insureds within a certain time; requiring notice of intent to deny coverage or cancel a policy; providing limitations on a right to recover; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. HB 1189-Withdrawn By Representatives Schultz and Rayson- HB 1191-A bill to be entitled An act relating to excise tax on documents; creating s. 201.032, F.S.; authorizing 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; requiring adjustment of certain impact fees in counties where the surtr is levied; 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 Judiciary, Finance & Taxation and Appropriations. By Representative Manrique- HB 1193-A bill to be entitled An act relating to financial institutions; creating s. 655.82, F.S.; providing for pay-on-death accounts; providing definitions; providing rights with respect to such accounts; providing for -payments from such accounts; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce and Appropriations. By Representatives Sublette and Sindler- HB 1195-A bill to be entitled An act relating to civil traffic infractions; creating s. 318.325, F.S.; providing procedures in counties which have adopted the Civil Traffic Infraction Hearing Officer Program; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative Manrique- HB 1197-A bill to be entitled An act relating to public educational facilities construction; amending s. 235.19, F.S.; allowing sites that are less than standard size to be used for urban schools; amending s. 235.26, F.S.; exempting public educational facilities from certain road closure requirements; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education, Finance & Taxation and Appropriations. By the Committee on Health Care; Representative Graber- HB 1199-A bill to be entitled An act relating to Medicaid; amending s. 409.9116, F.S.; providing for a disproportionate share/financial assistance program for statutory rural hospitals; providing for distribution of payments; providing for determination of payment amounts and allocation of state and federal matching funds; amending s. 409.906, F.S.; authorizing the Agency for Health Care Administration to implement, by rule, a pharmacy cost containment program for Medicaid prescribed drug services; amending s. 409.9081, F.S.; authorizing copayments and coinsurance payments for certain Medicaid services; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care, Finance & Taxation and Appropriations. February 8, 1994 65 66 JOURNAL OF THE HOUSE By the Committee on Ethics & Elections; Representatives Ascherl, Crady, Manrique, McAndrews, Posey, Klein, Morroni and Glickman- HB 1201-A bill to be entitled An act relating to candidate qualifying procedures; amending s. 99.061, F.S.; changing the qualifying period for nomination or election to office; eliminating the extra qualifying time for write-in candidates; amending s. 99.092, F.S.; reducing the filing fee and party assessment of candidates; reducing the amount of the filing fee transferred to the Election Campaign Financing Trust Fund; exempting independent and minor party candidates from the qualifying fee; changing the date for determining the annual salary for purposes of computing the filing fee and election and party assessments; clarifying distribution of filing fees; amending s. 99.095, F.S.; requiring oath of undue burden for candidates qualifying by the alternative method; changing times for filing the oath and for obtaining, filing, and verifying qualifying petitions; requiring the qualifying officer to provide the form of the petition to be used; amending s. 99.0955, F.S.; conforming qualifying procedures for independent candidates; removing qualifying fee requirement for independent candidates; amending s. 99.096, F.S.; conforming qualifying procedures for minor party candidates; removing qualifying fee requirement for minor party candidates; amending s. 99.097, F.S.; allowing a minor party to have petitions verified without charge by filing an undue burden oath; amending s. 101.62, F.S.; revising the date for mailing advance absentee ballots, to conform to the change in the qualifying period; amending s.' 103.091, F.S.; changing the qualifying period for candidates for political party offices; amending s. 103.121, F.S.; reducing the party assessment collected by the political parties; amending s. 105.031, F.S.; changing the qualifying period for judicial candidates; reducing the filing fee of judicicial candidates; reducing the amount of the filing fee transferred to the Election Campaign Financing Trust Fund; changing the date for determining the annual judicial salary for purposes of computing the filing fee and election assessment; amending s. 105.035, F.S.; conforming qualifying procedures for judicial candidates qualifying by the alternative method; amending s. 106.07, F.S.; revising reporting requirements, to conform to the change in the qualifying period; amending s. 106.141, F.S., relating to disposition of surplus funds, to conform to the change in qualifying procedures; amending s. 582.18, F.S.; conforming qualifying procedures for candidates for the office of supervisor of a soil and water conservation district; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Manrique- HJR 1203-A joint resolution proposing an amendment to Section 3 of Article VII of the State Constitution relating to ad valorem taxation of elderly and retired persons' homestead property. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Greene- HB 1205-A bill to be entitled An act relating to unemployment compensation; amending s. 443.101, F.S.; modifying requalification requirements for persons engaged in seasonal farmwork; providing definitions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representative Abrams- HB 1207-A bill to be entitled An act relating to interstate reciprocal banking; amending s. 658.295, F.S.; creating the Florida Reciprocal Banking Act; providing definitions; authorizing out-of-state bank holding companies to acquire a Florida bank or Florida bank holding company upon approval of the Department of Banking and Finance; prohibiting certain transactions by out-of-state bank holding companies; providing a statement of purpose; providing severability; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Commerce, Finance & Taxation and Appropriations. .] E OF REPRESENTATIVES February 8, 1994 By Representatives Lawson and Boyd- HB 1209-A bill to be entitled An act relating to Apalachicola Bay oyster harvesting licenses; amending s. 370.06, F.S.; redefining the term "resident" for purposes of the license; revising provisions relating to license application periods and late application fees, which provisions were scheduled for repeal on July 1, 1994; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Wallace- HB 1211-A bill to be entitled An act relating to the University of South Florida; naming the building that houses the Department of Marine Science on the Saint Petersburg Campus of the university the "Knight Oceanographic Research Center"; 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). Referred to the Committee(s) on Higher Education. By Representative Clemons- HB 1213-A bill to be entitled An act relating to bridge designations; designating a bridge on State Road 79 in Bay County as the "B. V. Buchanan Bridge"; directing the Department of Transportation to erect suitable markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representative Wise- HB 1215-A bill to be entitled An act relating to reflexology; creating part XIV of chapter 468, F.S., relating to reflexology; providing for regulation of the practice of reflexology under the Department of Business and Professional Regulation; providing a short title, purpose, and definitions; requiring reflexologists to be registered; establishing qualifications for registration; providing application, initial registration, and renewal fees; providing for biennial renewal; providing continuing education requirements; authorizing the department to set a fee for continuing education providers and programs; providing for suspension or revocation of registration; providing prohibited acts; providing penalties; providing rulemaking authority; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation, Finance & Taxation and Appropriations. By the Committee on Transportation; Representative Healey- HB 1217-A bill to be entitled An act relating to commercial motor vehicles; amending s. 316.545, F.S.; providing for increased motor carrier overweight and registration violation penalties; providing application to certain commercial motor vehicles used solely for collecting solid waste or recyclable or recovered materials; amending s. 316.550, F.S.; increasing the minimum and maximum fees to be charged for blanket permit fees established by rule; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Stafford- HM 1219-A memorial to the Congress of the United States and to the President of the United States, urging them, within their respective powers, to take certain actions with respect to the provision to the states of information concerning aliens and to the provision of financial assistance to certain states for providing services to aliens residing in those states. First reading by publication (Art. III, s. 7, Florida Constitution). JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee(s) on Aging & Human Services. By Representative Lawson- HB 1221-A bill to be entitled An act relating to the State Board of Administration; amending s. 110.205, F.S.; exempting all officers and employees of the State Board of Administration from the Career Service System; amending s. 215.47, F.S., regarding authorized investments; permitting the board to invest in certain contracts; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations, Finance & Taxation and Appropriations. By Representative Buddy Johnson- HB 1223-A bill to be entitled An act relating to the Tampa- Hillsborough Expressway Authority; amending s. 348.52, F.S.; revising the appointment of certain members to the authority; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representative Kerrigan- HB 1225-A bill to be entitled An act relating to the Ocean City- Wright Fire Control District, Okaloosa County; amending chapter 63-1685, Laws of Florida, as amended; providing that the Board of Commissioners of the Fire Control District shall have the authority to levy special assessments against the taxable real estate in the district in an amount not to exceed 3 mills; providing for a referendum; 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 Bronson- HB 1227-A bill to be entitled An act relating to recreational use of water management district lands; amending s. 373.1395, F.S.; including horseback riding as an allowable outdoor recreational purpose on water management district lands for purposes of limiting a water management district's liability to those engaging in such activity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources. By Representative Jacobs- HB 1229-A bill to be entitled An act relating to domestic relations; creating s. 741.015, F.S.; directing the county court judge or the clerk of the circuit court issuing a marriage license to provide each person to whom the license is issued with a copy of the "Florida Domestic Bill of Rights"; providing for the inclusion of required information; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Bronson- HB 1231-A bill to be entitled An act relating to inmate health care; requiring an inmate who initiates a nonemergency visit to a health care provider to make a copayment; providing procedures; providing exceptions; prescribing duties of the Department of Corrections; allowing the department to waive all or part of the copayment in specified circumstances; providing for the deposit of certain proceeds from such copayments into the Inmate Welfare Trust Fund and providing for the uses of the proceeds; providing for the deposit of the remaining proceeds into the General Revenue Fund; providing for supplemental copayments for specified purposes; providing for the deposit of proceeds from such supplemental copayments into the General Revenue Fund; prohibiting the denial of health care in specified circumstances; prohibiting preferential access to health care in specified circumstances; providing a conditional effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections, Finance & Taxation and Appropriations. By Representative Barreiro- HB 1233-A bill to be entitled An act relating to saltwater fishing license fees; amending s. 370.0608, F.S; providing for the annual encumbrance or expenditure of certain funds; revising the amount of funds required to be spent on certain programs; directing the Department of Environmental Protection to make an annual report to the Legislature with respect to the use of funds collected on saltwater fishing licenses; amending s. 370.0609, F.S.; conforming to the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative De Grandy- HB 1235-A bill to be entitled An act relating to consumer protection; amending s. 713.20, F.S.; requiring contractors to provide owners with a release of lien under certain circumstances; prohibiting the placing of liens under certain circumstances; providing for 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 Judiciary and Appropriations. By Representative Ascherl- HB 1237-A bill to be entitled An act relating to engineering; amending s. 471.003, F.S.; exempting certain faculty members from registration requirements; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation. By Representative Gay- HB 1239-A bill to be entitled An act relating to taxation of special fuels; amending s. 206.877, F.S.; exempting vehicles fueled by alternative fuels which are operated by state or local governmental agencies from the annual decal fee imposed in lieu of the tax on special fuels; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Buddy Johnson- HB 1241-A bill to be entitled An act relating to public nudity; amending s. 800.03, F.S., pertaining to the offenses of public nakedness and of exposure or exhibition of one's sexual organs; replacing these offenses with the offenses of knowingly, intentionally, or recklessly appearing, or causing another person to appear, in a nude state, as defined, in a public place, as defined, or in any other place that is readily visible to the public; also making it unlawful for a person or entity that owns, maintains, or operates an establishment defined by the act as a public place to encourage, suffer, or allow anyone to appear in a nude state, as defined, in that establishment; providing exceptions to these proscriptions; providing penalties for these proscriptions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Sublette- HB 1243-A bill to be entitled An act relating to elections; amending s. 98.211, F.S.; providing that the registration books are public records subject to inspection, examination, and duplication as provided by law; deleting provisions that restricted the furnishing of registration information to certain persons and entities; prohibiting the use of registration lists for commercial purposes; providing penalties; repealing s. 4, ch. 91-235, Laws of Florida, relating to an amendment to s. 98.211(2), F.S., with a future effective date, to conform; amending s. 99.061, F.S., relating to qualifying for nomination or election to federal, state, county, or district office; providing conforming changes to changes in the qualifying fee requirement and to changes in petitioning requirements; amending s. 99.092, F.S.; exempting independent and minor party 67 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES candidates from the qualifying fee; changing the date for determining the annual salary for purposes of computing the filing fee and election and party assessments; clarifying distribution of filing fees; amending s. 99.095, F.S.; requiring oath of undue burden for candidates qualifying by the alternative method; changing times for filing the oath and for obtaining, filing, and verifying qualifying petitions; requiring the qualifying officer to provide the form of the petition to be used; amending s. 99.0955, F.S.; conforming qualifying procedures for independent candidates; removing the qualifying fee requirement for independent candidates; amending s. 99.096, F.S.; conforming qualifying procedures for minor party candidates; removing the qualifying fee requirement for minor party candidates; amending s. 99.097, F.S.; allowing a minor party to have petitions verified without charge by filing an undue burden oath; amending s. 105.031, F.S., relating to qualifying for judicial office; changing the date for determining the annual judicial salary for purposes of computing the filing fee and election assessment; amending s. 105.035, F.S.; conforming qualifying procedures for judicial candidates qualifying by the alternative method; amending s. 106.141, F.S., relating to disposition of surplus funds, to conform to the changes in qualifying procedures; amending s. 582.18, F.S.; conforming qualifying procedures for candidates for the office of supervisor of a soil and water conservation district; creating s. 101.625, F.S.; providing for the facsimile transmission of absentee ballots in certain emergency circumstances; amending s. 101.041, F.S., relating to secret voting, to conform; amending s. 103.021, F.S.; revising provisions relating to nomination of presidential electors to incorporate reference to independent candidates; providing for the designation and ballot requirements of a replacement for the vice presidential nominee of an independent candidate in the event of a vacancy in that nomination; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections, Finance & Taxation and Appropriations. By Representative Bullard- HB 1245-A bill to be entitled An act relating to the expulsion of public school students; amending s. 228.041, F.S.; prescribing the period of expulsion; amending s. 230.33, F. S.; authorizing school superintendents to extend a pupil's suspension; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Warner and Hanson- HB 1247-A bill to be entitled An act relating to emergency coastal armoring; creating s. 161.085, F.S.; providing for emergency installation of rigid coastal structures for certain purposes; authorizing the Department of Environmental Protection to issue permits for such structures; providing procedures; providing an exception; requiring the department to adopt rules for permitting such structures; providing a definition; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By Representative Ascherl- HB 1249-A bill to be entitled An act relating to individual health insurance; amending s. 627.410, F.S.; providing for filing of certificates for certain groups for information purposes; creating s. 627.4102, F.S.; requiring modified community rating for individual health insurance policies; requiring limited guarantee issue of individual health insurance policies; creating s. 627.4103, F.S.; providing for an underwriting committee to be formed to develop a standardized underwriting manual; creating s. 627.6075, F.S.; providing requirements for preexisting conditions with respect to individual health insurance policies; creating s. 627.6076, F.S.; requiring the Department of Insurance to determine certain geographic areas; creating s. 627.6077, F.S.; providing for establishment of the comprehensive and basic individual health benefit plans; requiring the Insurance Commissioner to appoint a health benefit plan committee; providing for plan provisions; amending s. 627.6515, F.S.; specifying that certain out-of-state group health insurance policies covering residents of this state shall be considered individual policies subject to the law of this state; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representative Barreiro- HB 1251-A bill to be entitled An act relating to the Secretary of State; creating s. 15.0445, F.S.; designating the Italian Renaissance Festival at Vizcaya as the official renaissance festival of the state; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development. By Representative Bullard- HB 1253-A bill to be entitled An act relating to the Safe Schools Act; providing an appropriation to fund implementation of the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Upchurch- HB 1255-A bill to be entitled An act relating to sales of real property; requiring disclosure of the location of certain property at the time of sale of such property; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources. By Representative Mortham- HB 1257-A bill to be entitled An act relating to the State Council on Competitive Government; establishing the State Council on Competitive Government; providing definitions; providing for membership, meetings, duties, and powers of the council; requiring the council to consider certain cost comparison and contract considerations; requiring cooperation of state agencies; exempting certain contracts and decisions of the council from certain state purchasing requirements; providing for public access to meetings and records of the council; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations. By Representative Burke- HB 1259-A bill to be entitled An act relating to dissolution of marriage, support, and custody; amending s. 61.075, F.S.; revising language with respect to the date for determining the value of assets and the amount of liabilities identified or classified as marital; amending s. 61.13, F.S.; providing that the circuit court in the county in which either parent and the child resides or the circuit court in which the original award of custody was entered have jurisdiction to modify an award of child custody; amending s. 61.30, F.S.; providing that the trier of fact, after considering all relevant factors, may order payment of child support which varies from guideline amounts; amending s. 61.401, F.S.; revising language with respect to the appointment of the guardian ad litem; amending s. 61.402, F.S.; revising language with respect to the qualifications of the guardian ad litem; amending s. 61.403, F.S.; providing that a guardian ad litem shall act as next friend, investigator or evaluator, not as attorney or advocate, but shall act in the child's best interest; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Mackenzie- HB 1261-A bill to be entitled An act relating to postsecondary education; amending s. 240.319, F.S.; revising provisions relating to contracts for community college equipment; amending s. 240.335, F.S.; deleting a report on discrimination in granting salaries; amending s. 240.35, F.S.; revising provisions relating to the establishment of community college fees; providing requirements for a student activity and service fee, an athletic fee, and a financial aid fee; providing for fee committees, use of fees, and reporting; amending s. 240.36, F.S.; providing restrictions relating to the Florida Academic Improvement Trust Fund for Community Colleges; amending s. 240.367, F.S.; revising provisions relating to loans; amending s. 240.551, F.S.; revising a definition in the Florida Prepaid 68 February 8, 1994 JOURNAL OF THE HOUSE] Postsecondary Education Expense Program; amending s. 242.65, F.S.; revising provisions relating to the Council for the Florida School of the Arts; repealing s. 240.138, F.S., relating to reporting of foreign gifts; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education, Finance & Taxation and Appropriations. By Representative Geller- HB 1263-A bill to be entitled An act relating to real property; amending s. 617.302, F.S.; removing exemptions from certain regulations applicable to homeowners' associations; requiring the developer of residential real property to disclose deed restrictions and covenants prior to sale; prescribing a waiting period before closing to enable the prospective purchaser to review the deed restrictions or covenants; specifying applicability; providing for the transfer of control of a homeowners' association from the developer to the owners of the lots or parcels; requiring that the bylaws of the homeowners' association specify certain information; requiring the homeowners' association to continue the levels of maintenance, operation, and services that the developer had provided; prescribing applicability; requiring that the Secretary of Community Affairs prepare guidelines for transferring control of a homeowners' association; requiring that the Secretary of Community Affairs appoint an advisory council to advise and assist in resolving disputes among developers, homeowners' associations, property managers, and homeowners; requiring annual financial reports concerning common areas, recreational facilities, and other properties serving the lots or parcels in a subdivision; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Laurent- HB 1265-A bill to be entitled An act relating to juvenile justice; creating the Juvenile Justice and Public Safety Act of 1994; amending s. 921.0011, F.S.; revising the time period for determining whether juvenile dispositions of offenses are included in the offender's "prior record," as redefined; amending s. 39.01, F.S.; excepting specified illegal acts from the definition of "delinquent acts"; amending ss. 39.042 and 39.044, F.S.; authorizing use of juvenile detention in delinquency cases as a sanction for contempt of court; authorizing waiver of the time limits for removing a child from detention care in specified circumstances; repealing s. 39.043, F.S., relating to prohibited uses of detention; amending s. 39.442, F.S.; providing for a child in need of services to be placed in a staff-secure shelter facility in specified circumstances; creating s. 415.609, F.S.; prescribing contempt powers of the court in domestic violence cases; amending s. 316.655, F.S.; providing civil liability of a parent or guardian for fines or damages due to a child's traffic offenses; amending ss. 39.046, 39.407, and 39.439, F.S.; providing for infection control screening as part of the medical examination for a child who is taken into custody or placed in a residential facility as an allegedly delinquent child, dependent child, or child in need of services; amending s. 39.436, F.S.; revising the guidelines for filing of a petition for a child in need of services; amending s. 39.025, F.S.; providing for merger of a public safety council with a county juvenile justice council; amending s. 39.057, F.S.; revising eligibility criteria for placement of a child in a boot camp program; prescribing duties of district administrators and district juvenile justice managers with respect to provision of budget audits; prescribing duties of the Department of Health and Rehabilitative Services and Florida Department of Law Enforcement with respect to the cooperative agreement providing access to criminal records; prescribing duties of the Department of Health and Rehabilitative Services with respect to reestablishment of a juvenile recidivism baseline and determination of cost-effectiveness of commitment programs; providing legislative intent; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Brown- HB 1267-A bill to be entitled An act relating to juvenile sexual offenders and victims; creating the Task Force on Juvenile Sexual Offenders and Victims of Juvenile Sexual Abuse and Crimes; providing for appointments of members; providing responsibilities and report requirements; providing an effective date. February 8, 1994 E OF REPRESENTATIVES 69 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Geller- HB 1269-A bill to be entitled An act relating to weapons and firearms; creating s. 790.0625, F.S.; requiring licensing of handgun owners by the Department of State; providing for initial and renewal licenses and providing licensure requirements, including handgun safety education courses; providing rulemaking authority; providing for costs and fees; providing procedure for obtaining licenses; providing penalties; providing exceptions; amending ss. 790.001, 790.01, 790.065, 790.0655, 790.145, 790.02, and 790.25, F.S., relating to definitions, carrying concealed weapons, firearms, or handguns, sale and delivery of firearms, purchase and delivery of handguns, crimes in pharmacies, officer to arrest without warrant, and lawful ownership, possession, and use of firearms and other weapons, to conform; reenacting ss. 775.087(2)(a) and 790.115(2)(a), relating to aggravated battery and possessing or discharging on school property, to incorporate said amendments in references thereto; providing a partial exemption for persons owning handguns prior to the effective date; providing an appropriation; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice, Finance & Taxation and Appropriations. By Representative De Grandy- HB 1271-A bill to be entitled An act relating to the lottery; amending s. 24.105, F.S.; providing for the payment of grand prizes in Lotto in such a manner to permit the winner to take the prize in a lump sum under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Regulated Industries, Finance & Taxation and Appropriations. By Representative Ritchie- HR 1273-A resolution to commend Florida's Outstanding Social Studies Teachers of 1993. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative King- HR 1275-A resolution honoring the Florida State University football program. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Stafford- HR 1277-A resolution designating the week of June 1 through June 7, 1994, as "Post-Polio Syndrome Awareness Week." First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Schultz- HR 1279-A resolution designating Key Lime Pie as the official state pie. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative McAndrews- HR 1281-A resolution declaring April 8,1994, as "Red Nose Day USA" in Florida, to generate public awareness of Sudden Infant Death Syndrome. First reading by publication (Art. III, s. 7, Florida Constitution). 70 JOURNAL OF THE HOUSE Referred to the Committee(s) on Rules & Calendar. By Representative McClure- HR 1283-A resolution commending Sheriff Charles B. Wells and Commander Lee Vallier on the success of the Manatee County Sheriffs Office Boot Camp. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Greene- HR 1285-A resolution commending the Zora Neale Hurston Roof Garden Museum in Belle Glade, Florida. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Mackey- HR 1287-A resolution honoring James T. Kent, Councilman, Town of Lee. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Stafford- HR 1289-A resolution designating May 1994 as "Neurofibromatosis Awareness Month." First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Bush- HR 1291-A resolution recognizing the Chapman House in Dade County, Florida, as a source of community history. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Mackenzie- HR 1293-A resolution in memory of Don O'Neal. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By the Committee on Transportation; Representative Bronson- HB 1295-A bill to be entitled An act relating to the Florida Transportation Code; amending s. 337.276, F.S.; revising language with respect to advanced acquisition of right-of-way; amending s. 339.135, F.S.; redefining the term "district work program"; revising language with respect to funding and developing a tentative work program and the adoption of the work program; amending s. 338.223, F.S.; revising language with respect to proposed turnpike projects; amending s. 20.23, F.S.; deleting the Office of Florida Turnpike from the Department of Transportation; providing for an additional transportation district to consist of the turnpike; amending s. 338.2275, F.S.; revising language with respect to approved turnpike projects; amending s. 338.234, F.S.; authorizing the Department of Transportation to grant concessions or selling along the turnpike system; providing for public events; deleting language with respect to the advisory role of the Department of Citrus; amending s. 338.235, F.S.; revising language with respect to contracts with the department for the provision of services on the turnpike system; repealing s. 338.244, F.S., relating to the prohibition against certain expenditures for advertising the turnpike system; amending s. 338.251, F.S.; revising language with respect to the Toll Facilities Revolving Trust Fund; amending s. 337.015, F.S.; providing for flexible start and finish time limits on certain construction projects; providing for retainage; amending s. 337.18, F.S.; revising language with respect to surety bonds; amending s. 337.11, F.S.; requiring a bond with respect to actions protesting a bid solicitation, bid rejection, or contract which does not require qualification of bidders; providing for the waiver of competitive bidding provisions under certain circumstances; amending s. 337.16, F.S.; providing for determination of contractor nonresponsibility; amending s. 332.004, F.S.; redefining the term "airport or aviation development project"; amending ]1 E OF REPRESENTATIVES February 8, 1994 s. 332.006, F.S.; revising language with respect to the duties of the Department of Transportation with respect to aviation in the state; amending s. 332.007, F.S.; revising language with respect to the administration and financing of aviation and airport programs and projects; amending s. 330.30, F.S.; authorizing the department to set the license period for all airports other than public airports; amending s. 311.07, F.S.; revising language with respect to Florida seaport transportation and economic development funding; amending s. 311.09, F.S.; revising language with respect to the Florida Seaport Transportation and Economic Development Council; amending s. 341.052, F.S.; correcting a reference to a federal agency under the public transit block grant program; amending s. 322.53, F.S.; providing an additional exemption from the requirement of obtaining a commercial driver's license; amending s. 337.25, F.S.; revising language with respect to the acquisition, lease, and disposal of real and personal property; amending s. 253.034, F.S.; providing for the granting of an easement in perpetuity by the Board of Trustees of the Internal Improvement Trust Fund, if an improvement to state-owned lands is a transportation facility; amending s. 337.406, F.S.; revising language with respect to the unlawful use of state transportation facility right-of-way; amending s. 337.407, F.S.; revising language with respect to the regulation of signs and lights within the right-of-way; amending s. 125.01, F.S.; providing that the governing body of a county may regulate the placement of signs, lights, and other structures within the right-of-way limits of the county road system; amending s. 479.01, F.S.; defining the term "automated changeable facing"; redefining the terms "commercial or industrial zone," "premises," "sign," "sign facing," and "unzoned commercial or industrial area"; defining the term "remove"; amending s. 479.02, F.S.; deleting reference to the federal-aid primary highway system with respect to the power of the department to implement a specific information panel program; amending s. 338.065, F.S.; deleting the authority of the department to establish a fee schedule for placing specific business logo signs on the right-of-way of certain limited access highways; amending s. 479.26, F.S.; revising language with respect to the specific information panel program; amending s. 479.03, F.S.; revising language with respect to the jurisdiction of the Department of Transportation; amending s. 479.04, F.S.; revising language with respect to outdoor advertising; requiring license; amending s. 479.07, F.S.; providing language with respect to conditional sign permits; revising language with respect to sign permits; amending s. 479.107, F.S.; revising language with respect to signs on highway rights-of-way; amending s. 479.08, F.S.; providing for effect of revocation order by the department and timely notice of appeal of revocation; amending s. 479.14, F.S.; revising language relating to use of certain moneys in the State Transportation Trust Fund; amending s. 479.15, F.S.; providing for compensation for removal or alteration of certain signs by local governmental entities; amending s. 479.24, F.S.; revising duties and responsibilities of the department with respect to removal of certain signs; deleting language with respect to prioritization; repealing s. 339.145(2), F.S., relating to the Working Capital Trust Fund; amending s. 338.155, F.S.; exempting certain persons from toll payments; amending s. 348.52, F.S.; revising the membership of the Tampa- Hillsborough County Expressway Authority; providing for the filling of certain vacancies; amending sections 7 and 8 of chapter 93-164, Laws of Florida; advancing dates for the review of certain programs by the Florida Transportation Commission; delaying the repeal of s. 334.046, F.S.; amending s. 335.093, F.S.; providing for the effect of scenic highway designation; creating s. 479.125, F.S.; prohibiting the display of certain signs; providing for rules and a time period; amending s. 339.155, F.S.; revising language with respect to public participation in transportation projects; delaying the due date for recommendations of the Florida Transportation Commission related to the functional classification system developed pursuant to chapter 90-136, Laws of Florida; amending s. 338.001, F.S.; revising language with respect to the Florida Intrastate Highway System; amending s. 334.03, F.S.; revising the definition of the "Florida Intrastate Highway System"; amending s. 163.3180, F.S.; revising language with respect to concurrency; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Starks- HB 1297-A bill to be entitled An act relating to motor vehicle fees; repealing s. 319.231, F.S., which imposes an impact fee of $295 on each original certificate of title issued for a motor vehicle previously titled JOURNAL OF THE HOUSE] outside the state and on "registration-only" transactions; amending s. 320.1325, F.S., to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Wise- HB 1299-A bill to be entitled An act relating to motor vehicle licenses; creating s. 320.022, F.S.; requiring complete motor vehicle insurance coverage under certain circumstances; providing a definition; specifying conditions and requirements for registering a motor vehicle under certain circumstances; requiring proof of insurance; providing penalties; requiring the Department of Highway Safety and Motor Vehicles to withhold registration or cancel registration under certain circumstances; authorizing the department to adopt rules; requiring the Department of Insurance to audit certain affidavits; providing for suspension of registration and driver license of certain persons under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance, Finance & Taxation and Appropriations. By Representative Ritchie- HB 1301-A bill to be entitled An act relating to guardianship and probate; amending s. 28.223, F.S.; requiring the clerks of the circuit court to record orders of guardianship; amending s. 28.2401, F.S.; revising service charges in probate matters and deleting provisions relating to matters required to be recorded; amending s. 733.816, F.S.; providing for notice on disposition of unclaimed property of a certain value held by a personal representative; amending s. 744.3201, F.S.; requiring a copy of the petition for appointment of guardian at the time the petition to determine incapacity is filed; amending s. 744.331, F.S.; requiring appointed attorneys to petition the court for fees and costs; amending s. 744.351, F.S.; requiring a guardian's bond to cover the amount of stocks held singly or jointly in the ward's name; amending s. 744.362, F.S.; providing that guardians shall file an initial guardianship report within 60 days after the letters of guardianship are signed; amending s. 744.367, F.S.; prescribing the ending time of an annual guardianship plan; amending s. 744.3678, F.S.; revising fee schedule for annual accounting; amending s. 744.471, F.S.; providing that successor guardians shall be governed by the laws concerning guardianships; amending s. 744.534, F.S.; providing for notice upon disposition of funds of a ward that are in the registry of the court; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Finance & Taxation and Appropriations. By Representative Ritchie- HB 1303-A bill to be entitled An act relating to artificial fishing reef development; amending s. 370.25, F.S.; revising criteria to be used by the Department of Environmental Protection for the construction of artificial fishing reefs; providing legislative findings; authorizing the department to seek and hold necessary federal and state permits for artificial reef construction on behalf of persons, local governments, or other entities under certain circumstances; providing criteria for the department to exercise this option; providing fees; providing for review and repeal; providing prohibitions on certain activities with respect to artificial reefs; providing penalties; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Jacobs- HB 1305-A bill to be entitled An act relating to wastewater reuse; creating s. 373.250, F.S.; requiring the Department of Environmental Protection to adopt rules governing consumptive use of water in certain areas to require use of reclaimed domestic wastewater under certain circumstances; requiring the department and water management districts to determine feasibility; providing for application; specifying allowable February 8, 1994 E OF REPRESENTATIVES 71 uses; providing for allocation of reclaimed wastewater; providing for a variance; requiring reuse feasibility studies under certain circumstances; providing exceptions; requiring establishment of wastewater reuse adjustment boards under certain circumstances; providing for authority, membership, and duties of such boards; providing presumptions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By Representative Reddick- HB 1307-A bill to be entitled An act relating to traffic control; amending s. 316.003, F.S.; redefining the terms "school bus" and "commercial motor vehicle" and defining the term "traffic infraction detector"; amending s. 316.008, F.S.; providing for the use of traffic infraction detectors by municipalities and counties; amending s. 318.141, F.S., to conform to the act; amending s. 320.03, F.S., to conform to the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation and Appropriations. By Representative Logan- HB 1309-A bill to be entitled An act relating to postsecondary education; amending s. 240.4069, F.S.; specifying financial assistance provided by Virgil Hawkins Fellows Scholarships; amending s. 240.498, F.S.; creating a law school component of the Florida Education Fund; providing for eligibility and support; creating s. 240.4991, F.S.; creating a minority pre-law scholarship program; providing for eligibility and support; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representative Upchurch- HB 1311-A bill to be entitled An act relating to State Uniform Traffic Control; amending s. 316.003, F.S.; redefining the terms "school bus" and "commercial motor vehicle"; amending s. 316.064, F.S.; providing a 10-day accident reporting requirement when the driver is unable to report; amending ss. 316.066 and 324.051, F.S.; providing a 10-day accident reporting requirement; amending s. 316.183, F.S.; revising language with respect to the maximum allowable speed for school buses; amending s. 316.1937, F.S.; revising language with respect to ignition interlock devices; amending s. 316.1951, F.S.; providing for the removal of certain motor vehicles illegally parked; amending s. 316.217, F.S.; revising language with respect to when lighted lamps are required; amending s. 316.2397, F.S.; authorizing law enforcement vehicles to flash their headlights; amending s. 316.2955, F.S.; directing the Department of Highway Safety and Motor Vehicles to make certain rules with respect to window sunscreening material; amending s. 316.613, F.S.; providing for vehicle manufacturers' integrated child seats; revising exemptions to the term "motor vehicle" with respect to child restraint laws; amending s. 316.615, F.S.; revising language with respect to the inspection of school buses and physical requirements of operators; requiring certain insurance coverage; amending s. 316.640, F.S.; providing for enforcement of traffic laws; amending s. 316.650, F.S.; revising language with respect to traffic citations to provide for automated transmittal of data to the department; amending s. 318.1451, F.S.; revising language with respect to driver improvement schools to provide that the department shall not approve a course which does not promote the use of child restraint devices; amending s. 318.18, F.S.; reducing the penalty for violation of the child restraint law; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Jones- HB 1313-A bill to be entitled An act relating to social and economic assistance; directing the Department of Health and Rehabilitative Services and the Agency for Health Care Administration to establish a fingerprint matching identification system and a photo identification card for recipients of food stamps, Aid to Families with Dependent Children, and Medicaid; providing for determination of duplicate enrollments for benefits; providing for notice, verification, and termination of benefits; JOURNAL OF THE HOUSE OF REPRESENTATIVES providing for review and amendment of data in the identification system; providing for periodic system audits; authorizing requests for proposals and award of contracts; providing for confidentiality of certain data; providing a public records exemption; providing for review and repeal; providing a penalty for unauthorized disclosure; providing for rules; requiring an annual report; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Aging & Human Services and Appropriations. By Representative Tobin- HB 1315-A bill to be entitled An act relating to community health purchasing alliances; amending s. 408.705, F.S.; authorizing the appointment of retired persons who represent business and industry to each board of directors of the community health purchasing alliances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative D. Saunders- HB 1317-A bill to be entitled An act relating to fuel tax administration; amending s. 206.45, F.S.; requiring the Department of Revenue to deduct the proportionate share of the costs of administering the taxes deposited into the Gas Tax Collection Trust Fund; amending s. 206.60, F.S.; limiting the amount the department may deduct from the proceeds of the county tax on motor fuel to pay for administering the tax; amending ss. 206.9845 and 212.69, F.S.; limiting the amount the department may deduct from the proceeds of the tax on aviation fuel and the tax on the sale of motor and special fuels to pay administrative costs; amending ss. 336.021 and 336.025, F.S.; authorizing the department to deduct administrative costs from proceeds of the ninth-cent gas tax and the local option gas tax and limiting such deductions; requiring the department to allocate the administrative costs according to a specified formula; amending s. 336.026, F.S.; authorizing the department to deduct administrative costs from proceeds of the State Comprehensive Enhanced Transportation System Tax and limiting such deductions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Edwards- HB 1319-A bill to be entitled An act relating to the Small Cities Community Development Block Grant Program; amending ss. 290.0411 and 290.044, F.S.; including loan guarantees in authorized uses of certain funds; creating s. 290.0455, F.S.; establishing a Small Cities Community Development Block Grant Loan Guarantee Program; requiring the Department of Community Affairs to administer the program; providing limitations; authorizing the department to pledge certain revenues for loan guarantees under certain circumstances; requiring the department to adopt rules; limiting loan guarantee commitments; amending s. 290.047, F.S.; exempting grants from the program from certain ceiling limitations; amending s. 290.048, F.S.; authorizing the department to pledge certain revenues for certain purposes; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development, Finance & Taxation and Appropriations. By Representative Fuller- HB 1321-A bill to be entitled An act relating to rate filings for home warranty associations; amending s. 634.3126, F.S.; prohibiting insurers and home warranty associations from delivering or renewing warranty forms under certain circumstances; requiring the filing with the Department of Insurance of certain information; authorizing the department to adopt certain rules; authorizing the department to provide for exemptions under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representative Starks- HB 1323-A bill to be entitled An act relating to the advance disposal fee; repealing s. 403.7197, F.S., and s. 33 of ch. 93-207, Laws of Florida, relating to the advance disposal fee for certain containers; providing for retroactive operation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representatives Minton and Starks- HB 1325-A bill to be entitled An act relating to public construction; amending s. 255.20, F.S.; requiring counties, municipalities, special districts, and other political subdivisions to competitively bid construction projects exceeding $100,000 in costs; defining the term "competitive award"; providing exceptions; providing for the lowest responsive and qualified bidder; providing for purpose; providing for the nondisplacement of the requirements of applicable minority business enterprise programs or local preference ordinances; providing for the application of the act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations and Appropriations. By Representative Schultz- HB 1327-A bill to be entitled An act relating to insurer insolvency; amending s. 631.271, F.S.; revising the priority of distribution of claims from an insurer's estate; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance, Finance & Taxation and Appropriations. By Representative Valdes- HJR 1329-A joint resolution proposing the creation of Section 7 of Article VI of the State Constitution relating to tax referenda. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections, Finance & Taxation and Appropriations. By Representative Edwards- HB 1331-A bill to be entitled An act relating to reimbursement of insurance benefits; amending s. 627.7405, F.S.; denying an insurer's right of reimbursement of certain benefits under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representative Jones- HB 1333-A bill to be entitled An act relating to public records; providing an exemption from public records requirements for identifying information in the automated fingerprint identification system operated under the Department of Health and Rehabilitative Services and the Agency for Health Care Administration for persons receiving food stamps, Aid to Families with Dependent Children, or Medicaid; 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 Governmental Operations. By Representative Arnold- HB 1335-A bill to be entitled An act relating to budgeting; exempting the Knott Data Center from requirements relating to legislative budget requests; providing funding restrictions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). February 8, 1994 72 JOURNAL OF THE HOUSI Referred to the Committee(s) on Appropriations. By Representatives Sublette and Sindler- HB 1337-A bill to be entitled An act relating to crime prevention; creating s. 775.0837, F.S.; authorizing a county to adopt an ordinance imposing specified fines upon criminal offenders; authorizing the court to order defendants to pay the fines under certain circumstances; providing for collection of the fines by the clerk of court; providing for separate accounting of the fines as crime prevention funds by the county; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Upchurch- HB 1339-A bill to be entitled An act relating to valuation of securities; amending s. 625.151, F.S.; limiting the value of insurer investments in insurer subsidiaries; amending s. 625.325, F.S.; authorizing insurers to invest in insurer subsidiaries; providing limitations; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance and Appropriations. By Representative Arnold- HB 1341-A bill to be entitled An act relating to instructional materials; amending s. 233.34, F.S.; providing for school districts to loan instructional materials to eligible students in nonpublic schools; amending s. 233.38, F.S.; providing for exchanges of textbooks among school districts; amending s. 233.39, F.S.; providing for renovation and repair of textbooks; amending s. 233.47, F.S.; prohibiting school districts from purchasing instructional materials that are religious in nature or content for, or loaning such materials to, students in nonpublic schools; amending s. 233.49, F.S.; providing for textbooks for partially sighted children; defining eligible nonpublic school students for purposes of loans of instructional materials; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Roberts, Mackenzie and Morroni- HB 1343-A bill to be entitled An act relating to public records; providing for the Office of the Public Records Advocate; providing for duties, appointment, qualifications, requirements, staff, salaries, and expenses of the office; creating the Fair Information Practices Act; providing definitions; providing the purpose of the act; requiring that certain departments compile an index of certain databases; providing exceptions; providing for the correction of personal information in certain public records; requiring that departments note disputed personal information in the records; providing for the Department of State to collect a reasonable fee for furnishing an electronic copy of a computer database; creating s. 28.001, F.S.; defining the terms "official record" and "public record" for the purpose of ch. 28, F.S., relating to the clerks of the circuit court; amending s. 28.07, F.S.; providing that the official records books of each county must be kept at the county seat; repealing s. 28.17, F.S., which provides for the verification of deeds and other instruments of writing by the clerk of the circuit court before recording them; amending s. 28.19, F.S.; deleting a provision requiring the clerk of the circuit court to verify an instrument in writing before the clerk may receive payment of a service charge for recording the instrument; amending s. 28.24, F.S.; providing for the clerk of the circuit court to charge a reasonable fee for furnishing electronic copies of a computer database; amending s. 28.30, F.S.; deleting provisions relating to the destruction of vouchers and warrants; providing that reproductions from an electronic recordkeeping system are admissible into evidence; providing that the destruction of public records must be done in accordance with the rules of the Department of State; providing that electronic recordkeeping procedures must be in accordance with the rules of the Department of State; specifying the official date and time of filing of an electronically transmitted document with the clerk of the circuit court; creating s. 28.345, F.S.; providing that the clerk of the circuit court is not responsible for a breach of confidentiality by a recipient of a public record provided by the clerk of the circuit court to a person authorized to receive the record; amending s. 92.29, F.S.; providing for February 8, 1994 SOF REPRESENTATIVES 73 admissibility as evidence of electronic copies of documents; amending s. 119.01, F.S.; revising the state policy on public records to provide legislative findings; requiring that agencies adopt rules concerning public access to public records; amending s. 119.011, F.S.; revising the definition of the term "public records" to include data-processing software; amending s. 119.07, F.S.; authorizing agencies to charge fees for furnishing electronic copies of computer databases; requiring that a portion of such fees be used to enhance public access to public records; amending s. 119.083, F.S.; providing a definition of the term "proprietary software"; providing requirements for agencies that use such software; providing requirements for agencies that maintain public records in data-processing systems; providing requirements for agencies before the agencies acquire or make major modifications to computer or optical imaging systems, equipment, or software; prohibiting agencies from contracting or obligating themselves and thereby impairing the ability of the public to inspect or copy public records; amending s. 257.36, F.S.; requiring that the Department of State develop a model policy for agencies that provide public access to public records; amending s. 319.25, F.S.; providing for the Department of Motor Vehicles and Highway Safety to furnish lists of title or registration information, to make photographic or electronic copies of those records, and to charge a reasonable fee for an electronic copy of a computer database; amending s. 322.20, F.S.; providing for the Department of Highway Safety and Motor Vehicles to charge a reasonable fee for providing an electronic copy of a driver's license computer database; amending s. 382.025, F.S.; providing for the Department of Health and Rehabilitative Services to charge and collect a reasonable fee for furnishing an electronic copy of a computer database; amending s. 695.26, F.S.; revising the requirement with respect to the format of an instrument affecting title to real property in order to enlarge the space reserved for use by the clerk in recording such instrument; amending s. 784.048, F.S.; providing increased penalties for stalking offenses if public records are used to identify or locate the victims; providing severability; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations, Finance & Taxation and Appropriations. By Representative Benson- HB 1345-A bill to be entitled An act relating to education; amending s. 228.041, F.S.; revising the definitions of the terms "habitual truant" and "dropout" for purposes of the Florida School Code; amending s. 232.2468, F.S.; revising the methods for calculating graduation and dropout rates; creating methods for calculating dropout retrieval rates; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Crady- HB 1347-A bill to be entitled An act relating to Nassau General Hospital, Nassau County; amending chapter 21228, Laws of Florida, 1941, as amended; providing authority to the Board of Trustees of Nassau General Hospital to sell or lease all or substantially all of its assets, including, but not limited to, that real and personal property comprising and utilized in the operation of Nassau General Hospital to a public or private organization or a not-for-profit or for-profit corporation, upon such terms and conditions as may be determined by the Board of Trustees of Nassau General Hospital to be in the best interests of the people of Nassau County; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Health Care. By Representative McAndrews- HB 1349-A bill to be entitled An act relating to Palm Beach County; amending chapter 87-450, Laws of Florida, as amended, relating to the Palm Beach County Health Care Act; providing for the appointment of members to the district board; providing for the abolition of the subdistricts and of the subdistrict governing boards; providing for the establishment of governing boards for hospitals owned by the district; providing for the delegation of authority to operate hospitals owned by the district; providing for severability; providing an effective date. 74 JOURNAL OF THE HOUSE Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Health Care and Finance & Taxation. By Representative Safley- HB 1351-A bill to be entitled An act relating to the Pinellas Suncoast Transit Authority created by chapter 70-907, Laws of Florida, as amended; providing said Authority be subject to a performance audit on a regularly scheduled basis; providing prohibitions as to who may perform said audit; providing for its components; providing for procedures for contracting for said audit; providing said procedures shall be public record; providing requirements for the contract document; providing the Clerk of Court shall retain a final copy of said audit as a permanent public record; providing for appropriation of funds; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). ____ Referred to the Committee(s) on Community Affairs and Referred to the Committee(s) on Community Affairs and Finance & Transportation. Taxation. By Representative Minton- HB 1353-A bill to be entitled An act relating to Acme Improvement District, Palm Beach County; amending chapter 28557, Laws of Florida, 1953, as amended; expanding the boundaries of said district, including transferring land from the Lake Worth Drainage District to the Acme 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 and Finance & Taxation. By Representative Minton- HB 1355-A bill to be entitled An act relating to the Acme Improvement District, Palm Beach County; providing for the giving of notice of the filing of a petition to amend the district's water management plans; providing for the giving of notice of the filing of the report of the commissioners for the district's water management plans; providing for alternate methods of amending plans in addition to the provisions of chapter 298, Florida Statutes; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Natural Resources, Finance & Taxation and Appropriations. By Representative Jones- HB 1357-A bill to be entitled An act relating to Pinellas County; amending s. 2, ch. 80-585, Laws of Florida, as amended; authorizing the county Emergency Medical Services Authority to establish uniform standards for, and issue certificates for paratransit 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 and Health Care. By Representative Lawson- HB 1359-A bill to be entitled An act relating to appropriations; providing legislative findings and determinations relating to the massacre in the town of Rosewood; providing an appropriation for the erection of a monument; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Manrique- HB 1361-A bill to be entitled An act relating to the designation of state historic highways; designating Killian Drive in Dade County as a state historic highway; providing a definition; providing restrictions on the By Representative Upchurch- HB 1365-A bill to be entitled An act relating to the Florida School for the Deaf and the Blind; amending s. 230.015, F.S.; designating the school as a special school district; amending s. 242.331, F.S.; authorizing special campus police officers; providing authority of such officers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Stafford- HB 1367-A bill to be entitled An act relating to victim's compensation and victim's assistance; amending s. 960.07, F.S.; revising provisions with respect to the filing of claims for compensation under the Florida Crimes Compensation Act; amending s. 960.13, F.S.; providing that payments made under the act shall be considered payment of last resort that follows all other sources; revising provisions with respect to awards; amending s. 960.14, F.S.; providing that where a claimant under the act owes money to the Crimes Compensation Trust Fund the amount owed shall be reduced from the award; providing that payment made to a service provider is considered payment in full for services rendered to the victim; amending s. 960.17, F.S.; providing that certain payments under the act shall be considered as restitution; amending s. 960.20, F.S.; providing that certain costs are considered assessed unless specifically waived by the court; providing that certain costs shall be included in a judgment; amending s. 960.28, F.S.; revising provisions with respect to payment for victims' initial examinations; creating s. 624.128, F.S.; providing that certain insurance provisions are not applicable to a person eligible under the Florida Crimes Compensation Act; amending s. 775.0835, F.S.; providing that certain costs are considered assessed unless specifically waived by the court; amending s. 775.089, F.S.; providing that payment of an award by the Crimes Compensation Trust Fund shall create an order of restitution; redefining the term "victim"; providing for the conversion of certain orders to a judgment; amending s. 944.516, F.S.; providing for distribution of a, specified portion of deposits made to an inmate trust account; amending s. 960.001, F.S.; directing the Executive Office of the Governor to determine when an agency needs to amend or modify existing guidelines for fair treatment of victims and witnesses; conforming a cross reference; creating s. 960.0011, F.S.; providing for victim services funding; providing for calculation and distribution of such funding; amending s. 960.05, F.S.; providing that the Crime Victims' Services Office is established to administer victim assistance funding; amending ss. 215.20 and 215.22, F.S.; exempting the Crimes Compensation Trust Fund from the payment of a deduction to the General Revenue Fund; amending s. 39.022, F.S.; conforming a cross reference; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice, Finance & Taxation and Appropriations. I] E OF REPRESENTATIVES February 8, 1994 removal of trees from said highway; restricting alterations to the physical dimensions or location of the highway; providing for a public meeting prior to the removal of trees under certain circumstances; providing for the replanting of trees on the right-of-way; providing a speed limit; providing for the erection of suitable markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Klein- HB 1363-A bill to be entitled An act relating to Palm Beach County; providing for the enhancement of public understanding of local taxes and budgets; creating an overview public hearing within Palm Beach County where countywide taxing authorities and countywide county constitutional officers will jointly present information on proposed taxes and budgets; providing for incorporation of all special assessments onto the TRIM Notice which is mailed to property taxpayers within Palm Beach County; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Eggelletion- HB 1369-A bill to be entitled An act relating to environmental equity and justice; creating the Environmental Equity and Justice Commission; providing for membership; providing for powers and duties; providing for public hearings; providing for a determination on the revision of existing statutes, rules, policies, and procedures; providing for a report; providing for the administration of the commission by the Florida Agricultural and Mechanical University; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources and Appropriations. By Representatives Jones and Lippman- HB 1371-A bill to be entitled An act relating to regional poison control centers; amending s. 395.1027, F.S.; providing Legislative intent; limiting the facilities which may be listed as a poison information center, poison control center, or poison center; limiting liability for civil damages for persons providing certain services at regional poison control centers; providing exceptions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representative Arnold- HB 1373-A bill to be entitled An act relating to state attorney investigators; providing a competitive pay adjustment for state attorney investigators; providing for adjustments in pay plans to conform; providing a retroactive effective date. First reading by publication (Art. III, s. 7, Florida Constitution). 75 Referred to the Committee(s) on Governmental Operations, Finance & Taxation and Appropriations. By Representatives Arnall, Wise and Fuller- HB 1381-A bill to be entitled An act relating to Duval County, relating to the hospital facility in Jacksonville Beach owned by the Beaches Public Hospital Special Taxing District, Duval County; providing for the approval by the Legislature of the sale of the assets and liabilities of the Beaches Public Hospital Special Taxing District, upon the satisfaction of certain conditions, to Baptist Medical Center of the Beaches, Inc., d/b/a Baptist Medical Center Beaches; requiring Baptist Medical Center - Beaches to provide certain indigent healthcare services; repealing chapter 82-291, Laws of Florida, being the Enabling Legislation of the Beaches Public Hospital Taxing District; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Finance & Taxation. By Representative Smith- HB 1383-A bill to be entitled An act relating to health care facilities; amending s. 400.404, F.S.; exempting from regulation certain adult congregate living facilities where the residents nominate the board of directors; amending s. 408.036, F.S., exempting certain projects from payment of the application fee for certificate-of-need review; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations Referred to the Committee(s) on Health Care, Finance & Taxation and and Appropriations. Appropriations. By Representative Clemons- HB 1375-A bill to be entitled An act relating to public assistance fraud; creating s. 409.3251, F.S.; creating a Stop Inmate Fraud Program within the Division of Public Assistance Fraud of the Office of the Auditor General; providing guidelines for the program; providing duties and responsibilities of the division relating to procedures for sharing of specified information on incarcerated persons with the Department of Health and Rehabilitative Services, the Department of Labor and Employment Security, and other governmental entities; providing for data reports to the Child Support Program Office of the Department of Health and Rehabilitative Services and the Social Security Administration; providing reporting requirements for state agencies and other governmental entities involved in the program; providing legislative intent with respect to operation and initial goals of the program; providing for creation of employee positions and provision of support services by the division; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Crist- HB 1377-A bill to be entitled An act relating to blood-borne pathogens; providing legislative findings and intent; providing for testing persons for blood-borne pathogens when those persons have contacted law enforcement officers, correctional officers, correctional probation officers, firefighters, ambulance drivers, emergency medical technicians, or paramedics under circumstances in which the person contacted could become infected; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Appropriations. By Representative Feeney- HB 1379-A bill to be entitled An act relating to investment of public funds; amending ss. 125.31, 166.261, 218.345, 219.075, and 236.24, F.S.; authorizing certain additional investments of surplus public funds by counties, municipalities, special districts, tax collectors and other county officers, and school boards; providing additional authority and requirements with respect to such investments; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Littlefield- HB 1385-A bill to be entitled An act relating to state government; amending s. 11.45, F.S.; requiring the Auditor General to review proposals, if subject to a legislative enactment, for the merger of state agencies or the transfer of programs between state agencies; requiring submission of such proposals to the Legislative Auditing Committee prior to the legislative session in which they will be considered; prescribing criteria for reviews; requiring reports; directing the Auditor General to review measures enacted during the 1994 Regular Session or special sessions prior to July 1, 1994; which merge agencies or transfer programs between agencies; providing criteria for reviews; requiring reports; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations and Appropriations. By Representative Goode- HB 1387-A bill to be entitled An act relating to traffic citations; amending s. 316.650, F.S.; providing that uniform traffic citations shall be issued to certain airport authorities; amending s. 318.141, F.S.; authorizing airport authorities to contract with certain police departments for the provision of traffic infraction enforcement services; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation. By Representative Mackey- HB 1389-A bill to be entitled An act relating to discrimination in employment; creating s. 760.501, F.S.; providing that it is an unlawful employment practice for an employer to discriminate against an employee or prospective employee based on knowledge or belief that the employee or prospective employee has engaged in, is engaging in, or may engage in a certain activity away from the workplace during off-duty hours if that activity is not unlawful; providing remedies; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee(s) on Employee & Management Relations. By Representative Charles- HB 1391-A bill to be entitled An act relating to the City of Port Orange, Volusia County, Florida; providing for the relief of Bettye Jo Arnold; providing an appropriation to compensate her for injuries and damages sustained as a result of the negligence of the Port Orange Police Department; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative Futch- HB 1393-A bill to be entitled An act relating to the advance disposal fee; amending s. 403.7197, F.S.; exempting from the advance disposal fee sales of containers in certain counties; providing criteria; authorizing the Department of Environmental Protection to adopt rules; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Simon- HB 1395-A bill to be entitled An act relating to construction theft; creating s. 489.1285, F.S., relating to construction theft; providing criminal penalties; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Appropriations. By Representatives McAndrews, Roberts and Rayson- HB 1397-A bill to be entitled An act relating to suits involving public petition and participation; providing definitions; providing legislative purpose; providing for recovery of damages in actions involving public participation when actual malice is proven; providing for recovery of actual damages under certain circumstances; providing for punitive damages under certain circumstances; providing for the award of attorney's fees and costs; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Appropriations. By Representative Hawkes- HB 1399-A bill to be entitled An act relating to corrections; amending s. 921.188, F.S.; updating a cross-reference to legislative revisions of sentencing guidelines; requiring the per diem reimbursement for felony offenders placed into local detention facilities to be no more than the per diem established by the Department of Corrections; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections and Appropriations. By Representative Hawkes- HB 1401-A bill to be entitled An act relating to private correctional facilities; amending s. 957.03, F.S.; authorizing the Correctional Privatization Commission to adopt rules; amending s. 957.04, F.S.; providing circumstances under which a lease-purchase agreement negotiated by the commission need not be approved by the Board of Trustees of the Internal Improvement Trust Fund; exempting appraisals obtained by the commission from competitive-bid requirements; amending s. 957.06, F.S.; specifying certain powers and duties that are not delegated to the contractor under ch. 957, F.S.; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Corrections and Appropriations. By Representative McClure- HB 1403-A bill to be entitled An act relating to elections; amending s. 101.021, F.S.; authorizing all qualified, registered electors to vote in primary elections; providing restrictions on such voting; providing penalties; amending s. 101.5606, F.S., relating to electronic or electromechanical voting systems, to conform; amending s. 106.17, F.S.; requiring disclosure of the names of individuals and groups paying for polls relating to candidacies for public office; providing penalties; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Ethics & Elections and Appropriations. By Representative Thrasher- HB 1405-A bill to be entitled An act relating to unemployment compensation; amending s. 443.101, F.S.; providing that a person who is rejected from offered employment because of a positive, confirmed drug test is disqualified for unemployment benefits; providing that the chain-of- custody form adopted by the Department of Health and Rehabilitative Services for purposes of establishing the validity of a drug test is admissible as evidence in an unemployment compensation proceeding; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representative Abrams- HB 1407-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.051, F.S., relating to optional participation for cities and special districts; authorizing public hospital special districts in the Florida Retirement System to partially withdraw from the system and establish an alternative retirement plan for future employees only; providing for public hearing; providing for publication of notice; providing for an actuarial report; providing for presentation of the plan and report to each certified bargaining unit; requiring negotiation; providing for adoption of a resolution; providing conditions; providing a declaration of important state interest; providing for increase of retirement contributions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Stafford- HB 1409-A bill to be entitled An act relating to education, research, and training authorities; creating part VIII of chapter 159, F.S.; providing a short title; providing for purpose of authorities; providing definitions; providing for creation of authorities and membership thereof; providing powers of authorities; providing for payment of expenses; providing for acquisition of real property; prohibiting the pledge of state or political subdivision credit; providing for reporting requirements; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education, Finance & Taxation and Appropriations. By Representative Stabins- HB 1411-SF-A bill to be entitled A proposal relating to teacher certification. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Crist- HB 1413-A bill to be entitled An act relating to community contribution tax credits; amending ss. 220.183 and 624.5105, F.S.; providing that certain nonprofit museum facilities qualify as an eligible sponsor to undertake projects for which community contributions may receive the community contribution credits against the corporate income tax and insurance premium taxes; providing application of area requirements to such projects; extending the expiration date of the community contribution tax credits; amending s. 220.03, F.S., to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development, Finance & Taxation and Appropriations. 76 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representative Cosgrove- HR 1415-A resolution congratulating the Florida Marlins for their successful inaugural season. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Cosgrove- HR 1417-A resolution honoring Rickie McCoy, one of the Top Ten Business Women of ABWA, and wishing her further success. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Rules & Calendar. By Representative Healey- HB 1419-A bill to be entitled An act relating to driver licenses; amending s. 322.12, F.S.; requiring biennial tests for certain drivers; requiring tests for certain drivers involved in a traffic accident; amending ss. 322.121 and 322.18, F.S.; conforming to the act by providing exceptions to present licensing and examining requirements; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Greene- HB 1421-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending ss. 212.04 and 212.12, F.S.; authorizing a dealer's credit on amounts in excess of $1,200 collected by a tax collector 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 Finance & Taxation and Appropriations. By Representative Healey- HB 1423-A bill to be entitled An act relating to collective bargaining; amending s. 447.309, F.S.; revising language with respect to funding the provisions of a collective bargaining agreement; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Employee & Management Relations and Appropriations. By Representatives Trammell, De Grandy, Hawkes, Mackenzie, Lippman, Simon, R. Saunders, Mitchell, Geller, Warner, Benson, Pruitt, Kelly, Abrams, Roberts, Albright, Armesto-Garcia, Arnold, Barreiro, Brennan, Bullard, Burke, Bush, Charles, Couch, Davis, Dawson, Feeney, Feren, Futch, Glickman, Gordon, Greene, Hill, Jacobs, Jones, King, Lawson, Logan, Mackey, Manrique, Martinez, McAndrews, McClure, Mishkin, Ogles, Posey, Rayson, Rush, Schultz, Stabins, Stafford, Starks, Sublette, Villalobos, Wallace, Bloom, Dennis, Healey, Klein, Miller, Morroni, Morse, Shepard and Upchurch- HB 1425-A bill to be entitled An act relating to comparative fault; amending s. 768.81, F.S.; providing legislative intent with respect to the apportionment of comparative fault; providing for applicability; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representatives Kelly, Jones, King, Miller, Thomas, Morse, Lippman, Gordon, Tobin and Charles- HB 1427-A bill to be entitled An act relating to accountable health partnerships; amending s. 408.706, F.S.; providing that a subscriber to a health care plan is entitled to absolute choice in the selection of certain types of health care providers or facilities; requiring an accountable health partnership to permit any health care provider that accepts the negotiated reimbursement rates to participate as a service provider under a health care plan; deleting provisions relating to recruitment and retention of district health care providers by an accountable health partnership; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Schultz- HB 1429-A bill to be entitled An act relating to education; amending s. 24.121, F.S.; providing an additional requirement for school district receipt of lottery funds; amending s. 229.58, F.S.; providing a name requirement for school advisory councils and providing council responsibilities and duties; amending s. 229.592, F.S., relating to school improvement and education accountability; conforming provisions relating to release of funds to school districts; requiring notice of certain deficiency; providing for waiver of provisions relating to use of instructional materials allocations; amending s. 229.594, F.S.; requiring definition of exceptional progress toward meeting performance standards; amending s. 230.23, F.S., relating to school board duties; providing requirements for school improvement plans; requiring local-level decisionmaking policies; creating s. 236.1221, F.S.; providing for school district allocation of instructional materials funds; creating s. 236.1229, F.S.; providing for "Blueprint 2000" program grants; providing for funding and eligibility for grants; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Schultz- HB 1431-A bill to be entitled An act relating to child care; amending s. 20.165, F.S.; creating the Agency for Child Care Administration under the Department of Business and Professional Regulation; transferring regulation of child care facilities and programs, family day care homes, and preschool, prekindergarten early intervention, and school-age child care programs to the agency; providing for interagency agreement with the Department of Education; creating s. 220.19, F.S.; providing for child care venture tax credits; authorizing a jobs tax credit for a child care facility or family day care home that hires new employees; authorizing a property tax credit for a business that establishes a new child care facility or family day care home or expands or rebuilds an existing facility or home; specifying requirements and limitations; providing for computation and use of the credit; providing penalties; amending s. 402.27, F.S.; providing duties of the agency relating to child care and early childhood resource and referral agencies; requiring establishment of such an agency in each county; specifying elements of the referral process; amending s. 402.302, F.S.; revising definitions applicable to the regulation and licensing of child care facilities; revising fingerprinting requirements for child care personnel; including certain volunteers and students under the definition of "child care personnel"; amending s. 402.3025, F.S.; conforming provisions relating to programs operated by public schools; amending s. 402.305, F.S.; authorizing county ordinances requiring child care facilities to meet standards that exceed state standards; amending s. 402.313, F.S.; modifying requirements for licensure or registration of family day care homes; authorizing county ordinances requiring family day care homes to meet standards that exceed state standards; amending ss. 220.03, 228.0617, 230.2305, 402.28, 402.3015, 402.3193, 402.3195, 943.0585, and 943.059, F.S.; conforming references and cross references; providing for pending judicial or administrative proceedings; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Aging & Human Services, Finance & Taxation and Appropriations. By Representatives Miller and Dawson- HB 1433-A bill to be entitled An act relating to postsecondary education; amending s. 240.209, F.S.; requiring the Board of Regents to adopt rules and guidelines for review of employee grievances and complaints and for employee protection; amending s. 240.311, F.S.; requiring the State Board of Community Colleges to develop guidelines for review of employee grievances and complaints and for employee protection; providing procedures; providing powers; amending s. 240.319, F.S.; requiring community college district boards of trustees to adopt rules for review of employee grievances and complaints; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). February 8, 1994 77 78 JOURNAL OF THE HOUSE Referred to the Committee(s) on Higher Education and Appropriations. By Representatives Albright and Glickman- HB 1435-A bill to be entitled An act relating to family planning; amending ss. 154.06 and 381.0051, F.S.; limiting the fees a public health unit may charge for family planning services; amending s. 409.905, F.S.; expanding Medicaid family planning services to include counseling on sterilization procedures and types of contraceptives; amending ss. 409.9112 and 409.9113, F.S.; conditioning disproportionate share payments for perinatal intensive care centers and teaching hospitals on an agreement to maintain certain facilities for performing sterilization procedures; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care, Finance & Taxation and Appropriations. By Representative Healey- HB 1437-A bill to be entitled An act relating to the executive branch of state government; amending ss. 20.201, 20.21, 20.24, 20.255, and 20.37, F.S.; changing the heads of certain departments from the Governor and Cabinet together to a secretary appointed by the Governor, subject to confirmation by the Senate; amending ss. 72.031, 161.052, 161.053, 206.9935, 220.03, 229.8064, 253.781, 253.782, 258.024, 258.501, 282.1095, 296.02, 296.33, 320.0802, 321.06, 321.18, 321.19, 325.207, 327.25, 370.025, 370.026, 370.027, 373.1962, 376.031, 376.12, 378.032, 378.203, 378.403, 380.055, 427.012, 943.02, and 943.10, F.S., to conform; directing that changes in terminology in the Florida Statutes be made; creating the Executive Branch Accountability Study Commission to study the feasibility of reorganizing the executive branch of state government; providing for membership, organization, officers, and meetings; authorizing reimbursement for per diem and travel expenses; requiring submission of a final report to the Governor, the Cabinet, and appropriate members of the Legislature; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations and Appropriations. By Representative Clemons- HB 1439-A bill to be entitled An act relating to contraband forfeiture; amending s. 932.703, F.S.; clarifying the protection of a lienholder's interest in certain collateral under specified circumstances; authorizing a lienholder to accelerate payments under specified loan instruments under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Greene- HB 1441-A bill to be entitled An act relating to trust funds; creating the Educational Opportunity Program Trust Fund for Community Colleges within the Department of Education; providing for source of moneys and purposes; providing for future review and termination or re- creation of the fund; providing a contingent effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Greene- HB 1443-A bill to be entitled An act relating to community colleges; creating s. 240.3595, F.S.; providing for use of the Educational Opportunity Program Trust Fund for Community Colleges; providing for investment of funds; providing for grants to community colleges; requiring submission of plans for use of funds; providing a contingent effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Cosgrove- HB 1445-A bill to be entitled An act relating to municipal government; amending s. 166.041, F.S., which specifies procedures for adoption of ordinances and resolutions; providing that ordinances adopted prior to January 1, 1990, shall be presumed to have been adopted in conformance with such procedures, and no legal challenge may be made to such ordinances based on said section; providing an effective date. I] E OF REPRESENTATIVES February 8, 1994 First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Cosgrove- HB 1447-A bill to be entitled An act relating to the Florida Residential Landlord and Tenant Act; amending s. 83.43, F.S.; defining the term "legal holiday"; amending s. 83.56, F.S.; providing that the court shall not set a date for mediation or trial with respect to a defense of an action by the landlord for possession of the rental unit under certain circumstances; amending s. 83.60, F.S.; revising language with respect to defenses to an action for rent or possession; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Hawkins- HB 1449-SF-A bill to be entitled A proposal relating to the district public school system. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Albright and Glickman- HB 1451-A bill to be entitled An act relating to family planning and public assistance; creating s. 409.945, F.S.; establishing a pilot program to make contraceptive implants available to certain public assistance recipients; providing for financial incentives; providing for health care examinations; directing the Secretary of Health and Rehabilitative Services to request federal waivers and shared funding; providing for evaluation of the program; requiring a report; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Aging & Human Services and Appropriations. By Representative Gay- HB 1453-A bill to be entitled An act relating to telecommunications companies; amending s. 364.02, F.S.; redefining the term "telecommunications company" to include reference to a facsimile transmission service; amending ss. 364.335 and 364.337, F.S.; defining the term "private line service"; providing for the authorization of the provision of private line service under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Appropriations. By Representative Lawson- HB 1455-A bill to be entitled An act relating to postsecondary education; creating s. 240.64, F.S.; authorizing a college of law under the auspices of Florida Agricultural and Mechanical University; providing authority to accept grants and other available funds; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Higher Education and Appropriations. By Representative Boyd- HB 1457-SF-A bill to be entitled A proposal relating to authorization to rebuild and reestablish residences and commercial businesses after natural disasters. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Taxation and Appropriations. By Representative Clemons- HB 1459-A bill to be entitled An act relating to regulation of professions; providing for the registration of athletic trainers who meet specified criteria; providing legislative intent; providing definitions; providing criteria for registration by endorsement; providing exemptions; providing grounds for disciplinary action; providing penalties; providing rulemaking authority of the Department of Business and Professional Regulation; amending s. 232.435, F.S.; requiring athletic trainers in the JOURNAL OF THE HOUSE public schools to be registered; amending s. 486.161, F.S.; providing an exemption for certain persons assisting a licensed physical therapist; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business & Professional Regulation and Finance & Taxation. By Representative McAndrews- HB 1461-A bill to be entitled An act relating to community redevelopment; amending ss. 163.340, 163.345, 163.346, 163.350, 163.355, 163.357, 163.360, 163.362, 163.365, 163.370, 163.387, 163.400, 163.405, and 163.445, F.S.; including the development and provision of affordable housing within provisions for establishing and developing community redevelopment areas; authorizing community development agencies to administer the disposition of certain real property under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Taxation and Appropriations. By Representatives Arnold, Kelly and Cosgrove- HB 1463-A bill to be entitled An act relating to health care planning; creating the Health Care Board within the Department of Business and Professional Regulation; providing for the board to be a separate budget entity; providing that the board is not subject to control, supervision, or direction by the department; providing for the appointment of members of the board; providing for terms of office; providing for remuneration of members and for reimbursement for per diem expenses; providing for an executive director of the board; providing duties and responsibilities of the board; providing for the board to assume the powers, duties, functions, records, property, and unexpended balances of appropriations of the Health Care Board created under s. 408.003, F.S.; repealing s. 20.42(2)(d) and (6), F.S., relating to the Health Care Board; repealing s. 408.003, F.S., relating to the appointment of of members to the Health Care Board; amending s. 408.033, F.S.; revising the membership of the local health councils; providing additional duties of the local health councils; authorizing the local health councils to participate in community health purchasing alliances; providing for the Health Care Board to match the funds generated by local health councils up to a specified amount; deleting provisions creating the statewide health council; requiring the Health Care Board rather than the Agency for Health Care Administration to establish fees and assessments for specified health care facilities for the purpose of providing funding for the local health councils; providing duties of the Health Care Board with respect to health planning; amending ss. 112.153, 154.304, 212.055, 394.4788, 395.701, 407.61, 408.001, 408.07, 409.2673, 409.9113, 440.13, F.S.; redesignating the Health Care Cost Containment Board as the Health Care Board; conforming provisions to changes made by the act; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care and Finance & Taxation. By Representative Garcia- HB 1465-A bill to be entitled An act relating to education; amending s. 235.31, F.S.; authorizing school boards in certain school districts to purchase services for maintenance, repair, and site improvement of educational facilities and ancillary plants under the contracts of other public agencies; providing that persons providing the services under the contracts may refuse to provide services to the school board; providing that the purchase must be to the economic advantage of the school district and meet certain requirements; amending s. 236.135, F.S.; deleting a requirement that each district school board, community college board of trustees, and the Board of Regents secure approval from the Commissioner of Education before purchasing or leasing electronic data processing equipment or software; authorizing those boards to obtain the equipment or software to maintain the comprehensive management information systems; requiring that the boards, rather than the commissioner, ensure that the software or equipment is compatible with the Florida Information Resources Network and that costs are reduced by making the best use of existing hardware and software; requiring that the commissioner request supplemental funding for school districts to accomplish the objectives of the comprehensive management information systems; providing an effective date. February 8, 1994 OF REPRESENTATIVES 79 First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Garcia- HB 1467-A bill to be entitled An act relating to trust funds; creating the Hispanic Contractors Bond Trust Fund within the State Treasury; 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 Business & Professional Regulation, Finance & Taxation and Appropriations. By Representative Feeney- HB 1469-A bill to be entitled An act relating to motor vehicle service agreement companies; amending s. 634.011, F.S.; revising the definition of the term "motor vehicle" to exclude certain vehicles; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Finance & Taxation and Appropriations. By Representative Arnold- HB 1471-A bill to be entitled An act relating to navigable waters; requiring the Board of Trustees of the Internal Improvement Trust Fund to compile an inventory of certain water resources; requiring recordation of such water resources; imposing a surcharge on certain title insurance policies for purposes of the inventory and such recordation; providing for collection and disposition of the surcharge; authorizing the board to use surcharge moneys for purposes of the inventory; providing for transfer after a certain time of surcharge moneys to the Internal Improvement Trust Fund for certain purposes; providing for future repeal; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Arnold- HB 1473-A bill to be entitled An act relating to trust funds; creating the Navigable Waters Identification Trust Fund; establishing the Board of Trustees of the Internal Improvement Trust Fund as trustees of the fund; 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 Natural Resources, Finance & Taxation and Appropriations. By Representative Garcia- HB 1475-A bill to be entitled An act relating to trust funds; creating the Hispanic Business Loan Guaranty Trust Fund within the State Treasury; 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 Tourism & Economic Development, Finance & Taxation and Appropriations. By Representative Garcia- HB 1477-A bill to be entitled An act relating to trust funds; creating the Hispanic Business Loan Guaranty Program Administrative and Loss Reserve Fund within the State Treasury; 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 Tourism & Economic Development, Finance & Taxation and Appropriations. 80 JOURNAL OF THE HOUSE By Representative Garcia- HB 1479-A bill to be entitled An act relating to trust funds; creating the Florida Hispanic Investment Incentive Trust Fund within the State Treasury; 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). I E OF REPRESENTATIVES February 8, 1994 registrations and reregistrations; amending s. 327.28, F.S.; providing for deposit of the proceeds of the additional fee into the Aquatic Plant Control Trust Fund for aquatic weed research and control; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. Referred to the Committee(s) on Tourism & Economic Development, By Representative Goode- Finance & Taxation and Appropriations. By Representative Arnold- HB 1481-A bill to be entitled An act relating to education; creating s. 288.0475, F.S., the Jobs and Education Partnership within Enterprise Florida; providing for membership, mission, and duties; creating a voluntary, market-driven, performance-based incentive-funding program for postsecondary adult vocational and postsecondary vocational education programs provided by public school districts and community colleges; providing for administration of the program; providing requirements for participation and criteria for incentive awards and grants; regulating fund sources for incentive awards and grants; amending s. 236.081, F.S.; authorizing funds in the Florida Education Finance Program to be withheld and redistributed to certain school districts; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development and Appropriations. By Representative Jacobs- HB 1483-A bill to be entitled An act relating to the Delray Beach Downtown Development Authority, Palm Beach County; amending ch. 71- 604, Laws of Florida, as amended; correcting the Downtown Development Authority area description to provide for a contiguous area which includes properties eastward of the Intracoastal Waterway, northward of the current Downtown Development Authority area to include those properties lying south of N.E. 4th Street, southward of the current Downtown Development Authority area to include those properties lying north of S.E. 3rd Street, bounded generally on the west by N.E. 1st Avenue, all such properties lying within the municipal boundaries of the City of Delray Beach; providing for seven members on the board for the 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 and Finance & Taxation. By Representative R. Saunders- HB 1485-A bill to be entitled An act relating to the Lower Florida Keys Hospital District, Monroe County; amending chapter 67-1724, Laws of Florida, as amended, relating to the frequency of regular meetings of the governing board; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Health Care. By Representative McAndrews- HB 1487-A bill to be entitled An act providing for the relief of Adolfo E. Roblero, as surviving parent and personal representative of the estate of Jorge Enrique Roblero; providing an appropriation to compensate him for the death of his son due to the negligence of a Miami-Dade Community College security guard; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary. By Representative Bronson- HB 1491-A bill to be entitled An act relating to Brevard County; prohibiting persons from harvesting clams in certain areas of the county without a license; providing resident and nonresident license fees and a license period; prescribing eligibility for the issuance of licenses; providing for a late fee; allowing a credit against the license fee; requiring the production of a valid license upon demand; requiring display of license numbers upon vessels used; providing for the disposition of fees; prohibiting the shipping, transporting, or carrying of certain numbers of clams; providing exceptions; providing a penalty; providing an effective date and an expiration date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Natural Resources, Finance & Taxation and Appropriations. By Representative Benson- HB 1493-A bill to be entitled An act relating to the Creek Indian Council; providing for the expiration of the terms of office of the members of the Creek Indian Council and for the appointment of new members; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations. By Representative Harris- HB 1495-A bill to be entitled An act relating to Highlands County; dissolving the Sebring Utilities Commission, ratifying and approving the resolution of said commission adopting a plan of dissolution, and repealing chapter 23535, Laws of Florida, 1945, as amended; providing for the winding up of current affairs, payment of current bills, and disposition of assets of the Sebring Utilities Commission; 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 Kerrigan- HB 1497-A bill to be entitled An act relating to Indian reservations and affairs; amending s. 285.18, F.S.; providing that the law enforcement agencies of the Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida shall have the authority of "criminal justice agencies" for certain purposes; providing for specific authority; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Kelly- HB 1499-A bill to be entitled An act relating to the Cross Florida Greenways State Recreation and Conservation Area; renaming the Cross Florida Greenways State Recreation and Conservation Area as the Marjorie Harris Carr Cross Florida Greenways State Recreation and Conservation Area; directing the Division of Statutory Revision of the Joint Legislative Management Committee to make such name change in the Florida Statutes; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Stabins- HB 1489-A bill to be entitled An act relating to aquatic weed research HB 1501-A bill to be entitled An act relating to Taxpayer and control; amending s. 327.25, F.S.; imposing an additional fee on vessel Appreciation Day; designating April 15, 1994, as "Taxpayer Appreciation JOURNAL OF THE HOUSE OF REPRESENTATIVES Day" and providing that no tax levied under part I of chapter 212, F.S., shall be collected on that day on the first $5,000 of taxable value of any single transaction; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Finance & Taxation and Appropriations. By Representative Thrasher- HB 1503-A bill to be entitled An act relating to education; amending s. 229.555, F.S., relating to educational planning and information systems; providing duties of the Commissioner of Education and district school systems relating to information on student suspension, expulsion, arrest, criminal records, and alternative programs; amending s. 230.02, F.S.; authorizing second chance schools and boot camps within the district school system; amending s. 230.22, F.S.; providing district school board power for assignment of students to schools; amending s. 230.23, F.S.; providing for district school board cooperation and contractual relationships with other agencies in joint projects; providing for cooperation relating to juvenile justice; providing alternatives to student suspension and expulsion; requiring policies for assignment of violent or disruptive students; amending s. 230.2316, F.S., relating to dropout prevention; defining second chance schools and boot camps; providing additional funding sources; providing requirements and eligibility for second chance schools, disciplinary programs, and boot camps; defining the term "serious offense"; deleting requirements for district dropout prevention program plans; amending s. 230.335, F.S.; revising provisions relating to notification of superintendent of certain arrests and convictions; amending s. 232.257, F.S.; providing for financing of second chance schools, disciplinary programs, or boot camps with the School Safety Trust Fund; providing for funding; revising reporting and rulemaking; amending s. 232.301, F.S.; conforming provisions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representative Garcia- HB 1505-A bill to be entitled An act relating to business investments; creating ss. 288.721, 288.722, 288.723, 288.724, 288.725, 288.726, 288.727, and 288.728, F.S.; creating the Florida Hispanic Business Investment Board; providing purpose; providing definitions; providing for appointment of members; providing for an executive director and employees; providing powers of the board; specifying conditions for board action; providing for investments from a trust fund under certain circumstances; authorizing disbursements of moneys from the fund under certain circumstances; authorizing the board to establish certain guarantor funds under certain circumstances; providing for uses of certain funds under certain circumstances; authorizing the board to establish a loan guaranty program; authorizing the board to issue certain capital participation instruments under certain circumstances; requiring the board to submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives; specifying contents of the report; amending ss. 625.3255, 657.042, 658.67, and 665.0501, F.S.; authorizing insurers, credit unions, banks, and associations to invest in certain capital participation instruments issued by the Florida Hispanic Business Investment Board; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development, Finance & Taxation and Appropriations. By Representative Hawkins- minority-owned business enterprise"; amending s. 287.0943, F.S.; providing for a Minority-Owned Business Certification Task Force convened annually by the Advisory Council on Intergovernmental Relations; providing for the powers and duties of the task force; providing for a model interlocal agreement for the certification of minority-owned business enterprises; revising language with respect to certification; requiring all state agencies to accept certified businesses; amending s. 287.0945, F.S.; revising the powers and duties of the Minority Business Enterprise Assistance Office; amending s. 287.094, 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 Tourism & Economic Development and Appropriations. By Representative Rush- HB 1511-SF-A bill to be entitled A proposal relating to reorganization of the Department of Education. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education and Appropriations. By Representatives Ogles, Brown and McClure- HB 1513-A bill to be entitled An act relating to county prisoners; amending ss. 925.08, 951.01, and 951.05, F.S.; extending the types of projects on which county prisoners may be employed to work; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Appropriations. By Representative Chestnut- HB 1515-A bill to be entitled An act relating to the advanced disposal fee; amending s. 403.7197, F.S.; providing an exemption; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Natural Resources, Finance & Taxation and Appropriations. By Representative Barreiro- HB 1517-A bill to be entitled An act relating to career criminals; creating the "Officer Evelyn Gort Career Criminal Act"; amending s. 775.084, F.S.; defining the term "career criminal"; providing enhanced penalties for career criminals; amending s. 790.23, F.S.; providing a minimum mandatory term of imprisonment for armed career criminals; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Benson- HB 1519-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.0515, F.S.; revising the requirements for calculating the tax on sales of foods and beverages through vending machines in counties levying a local option tax; removing requirements relating to the quarterly report required to be filed by operators of such machines and directing the Department of Revenue to develop special reporting requirements by rule; removing penalties imposed on operators for failure to obtain and display the required notice on such machines and for failure to file quarterly reports or filing false information; providing an effective date. HB 1507-SF-A bill to be entitled A proposal relating to municipal First reading by publication (Art. III, s. 7, Florida Constitution). incorporation. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Taxation and Appropriations. By Representatives Miller, Dawson, Brown, Glickman, Ogles, Rush, Greene, Chestnut and Bullard- HB 1509-A bill to be entitled An act relating to minority-owned business enterprises; amending s. 288.703, F.S.; defining the term "certified Referred to the Committee(s) on Tourism & Economic Development, Finance & Taxation and Appropriations. By Representatives Miller, Dawson, Brown, Greene, Bullard, Charles, Armesto-Garcia, Rush and Chestnut- HB 1521-A bill to be entitled An act relating to the Museum of African American Art; providing for purchase by the state and operation by the University of South Florida; providing requirements for operation; providing appropriations; providing an effective date. February 8, 1994 81 JOURNAL OF THE HOUSE OF REPRESENTATIVES First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Tourism & Economic Development and Appropriations. By Representatives Miller, Dawson, Greene, Chestnut, Hill, Dennis, Lawson, Rush, Logan, Bullard and Bloom- HB 1523-A bill to be entitled An act relating to crime prevention; creating the Statewide Crime Prevention and Intervention Program; providing legislative intent; providing for establishment of program districts and district advisory committees; prescribing guidelines for mandatory and optional program services and activities; prescribing contractual responsibilities of the Department of Health and Rehabilitative Services with respect to the program, and providing for a contracting organization; providing budget authority; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Criminal Justice and Appropriations. By Representatives Miller, Dawson, Mishkin, Bloom, Barreiro, Glickman, Rush, Greene, Chestnut, Gordon and Bullard- HB 1525-A bill to be entitled An act relating to children, youth, and families; providing legislative intent; creating a commission to study the creation of a Department of Children, Youth, and Family Services; establishing membership; providing duties and responsibilities; requiring a report; providing for staff support; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Aging & Human Services and Appropriations. By Representatives Miller, Dawson, Mitchell and Rush- HB 1527-A bill to be entitled An act relating to the Department of Corrections; amending s. 20.315, F.S.; expanding purposes of the department; expanding intent; requiring regional rehabilitation institutions or programs and providing programmatic components; placing regional rehabilitation institutions or programs under the authority of the Assistant Secretary for Programs; authorizing inmate reading teacher programs in exchange for incentive gain-time in certain circumstances; providing rulemaking authority; requiring administration of regional rehabilitation institutions and programs by the regional directors, and supervision by the regional office; making the regional rehabilitation institutions or programs part of the regional correctional program, under the budget authority of the Assistant Secretary for Programs; requiring addition of the regional rehabilitation institutions or programs to the departmental information systems; requiring program evaluation; amending s. 242.68, F.S., relating to the Correctional Education School Authority, to conform; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Rudd, Kelly, Gordon, Reddick, Davis and Mitchell- HB 1529-A bill to be entitled An act relating to vocational rehabilitation; amending s. 413.615, F.S.; providing for annual transmittal of a portion of the principal of the Florida Endowment for Vocational Rehabilitation to the Florida Endowment Foundation for Vocational Rehabilitation; deleting obsolete language; revising the date of annual report; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By the Committee on Health Care; Representatives Graber, Lippman, Gordon, Rush, Bloom, Klein, Glickman, Jones, Eggelletion, Stafford, McAndrews, Rayson, Dawson, Healey, Mackenzie, Tobin and Miller- HB 1531-A bill to be entitled An act relating to trauma; amending s. 395.4025, F.S.; providing for the extension of provisional status of applicants for state-approved trauma centers or state-approved pediatric trauma centers; providing guidelines for the disclosure to the department of certain quality assurance activities; deleting a provision making certain local or regional trauma agencies agents of the department for the purposes of s. 395.3025, F.S.; exempting records of quality assurance activities from use in civil and administrative actions; creating s. 395.50, F.S.; providing for quality assurance activities of trauma agencies; limiting the use of trauma agencies' records; limiting the liability of trauma agencies; providing for certain award of attorney's fees and costs; providing for the introduction into evidence of certain records; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By the Committee on Health Care; Representatives Graber, Gordon, Lippman, Bloom, Klein, Rush, Glickman, Jones, Mackenzie, Tobin, Eggelletion, Stafford, McAndrews, Rayson, Dawson and Healey- HB 1533-A bill to be entitled An act relating to confidentiality of certain trauma care information; providing a finding of public necessity; amending s. 395.3025, F.S.; revising provisions which authorize disclosure of patient records to the Department of Health and Rehabilitative Services for certain trauma-related purposes; providing for disclosure of patient records to local or regional trauma agencies, panels, or committees; providing for confidentiality; amending s. 395.4025, F.S.; correcting and conforming references; creating s. 395.51, F.S.; providing exemptions from public records and public meetings requirements for records and meetings of local or regional trauma agencies and their panels and committees relating to patient care and quality assurance; providing an exemption from public records requirements for quality assurance records received by a hospital or emergency medical service provider; providing for future review and repeal; amending s. 401.30, F.S.; providing for disclosure of patient information in records of emergency calls to local or regional trauma agencies, panels, and committees; providing for confidentiality; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Harris, McAndrews, Bainter, Boyd, Bronson, Couch, Edwards, Fuller, Futch, Greene, Buddy Johnson, Kelly, Kerrigan, Laurent, Mackey, Minton, Mitchell, McClure, Ogles, Posey, Pruitt, Rojas, D. Saunders, Schultz, Sembler, Smith, Starks, Tedder, Trammell and Upchurch- HB 1535-A bill to be entitled An act relating to disparagement of food products; establishing legislative intent; providing definitions; establishing a cause of action for the disparagement of perishable agricultural food products; providing damages allowable and statute of limitations; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Crist- HB 1537-A bill to be entitled An act relating to juveniles; amending s. 39.045, F.S.; revising timeframes for the keeping of records relating to juvenile offenses; amending s. 921.0011, F.S.; redefining the term "prior record" for the purposes of provisions of law relating to sentencing; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Crist- HB 1539-A bill to be entitled An act relating to education; establishing incentives for urban internships for students at state universities; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Geller- HB 1541-A bill to be entitled An act relating to Broward County; providing for the relief of Nicholas Maracic; providing an appropriation to compensate him for injuries sustained as a result of the negligence of Broward County; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Hawkins- HB 1543-A bill to be entitled An act relating to Collier County; amending chapter 71-409, Laws of Florida; designating and naming county road 851 running North from state road 90 (US 41) to county road 846 (Immokalee Road) as Goodlette-Frank Road; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). February 8, 1994 82 JOURNAL OF THE HOUSE By Representative Goode- HB 1545-A bill to be entitled An act relating to Brevard County; limiting the amount of surcharge a water or sewer utility may charge consumers outside municipal boundaries; requiring a rate study for increases in excess of the limit; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). By the Committee on Governmental Operations; Representative Brown- HB 1547-A bill to be entitled An act relating to confidentiality of information relating to sale of firearms; amending s. 790.065, F.S., which provides an exemption from public records requirements for information in the possession of the Department of Law Enforcement relating to buyers or transferees of firearms; revising the exemption and saving it from repeal; authorizing disclosure to criminal justice agencies; authorizing the department to maintain automated records of authorized firearm approvals and transfers and providing for confidentiality thereof; deleting a penalty for violation; 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). By Representative Greene- HB 1549-A bill to be entitled An act relating to worker safety with respect to agricultural pesticides; designating ss. 487.011-487.175, F.S., as Part I of chapter 487, F.S., entitled "Pesticides"; amending ss. 487.011, 487.012, 487.021, 487.025, 487.031, 487.041, 487.0435, 487.045, 487.046, 487.047, 487.049, 487.051, 487.0615, 487.071, 487.081, 487.091, 487.101, 487.111, 487.13, 487.156, 487.159, 487.161, 487.163, 487.171, and 487.175, F.S.; changing terms in the chapter to "part" to conform to the act; creating s. 487.201, F.S.; creating the "Florida Agricultural Worker Safety Act"; creating s. 487.202, F.S.; providing legislative intent; creating s. 487.203, F.S.; providing definitions; creating s. 487.204, F.S.; providing for the enforcement of federal worker protection regulations; creating s. 487.205, F.S.; providing for the availability of agricultural pesticide information to workers, designated representatives, and physicians; creating s. 487.206, F.S.; providing for prohibited acts; creating s. 487.207, F.S.; providing penalties; providing for relief against retaliation; providing for monitoring of complaints of retaliation; amending s. 448.103, F.S.; expanding general labor regulations provisions relating to employees' rights of recovery in specified actions to include rights protected under the Florida Agricultural Worker Safety Act; providing for future repeal; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture & Consumer Services and Appropriations. Additional Reference of Bills Under Rule 8.4 CS/HB 241 was further referred to the Committee on Finance & Taxation and remains referred to the Committee on Appropriations. First Reading of Committee Substitutes by Publication By the Committee on Higher Education; Representative Chestnut- CS/HB 7-A bill to be entitled An act relating to community colleges; amending s. 240.311, F.S.; revising duties of the State Board of Community Colleges relating to the appointment of community college presidents; providing an effective date. By the Committee on Criminal Justice; Representatives Rojas and Kerrigan- CS/HB 17-A bill to be entitled An act relating to violent crime; amending s. 943.031, F.S.; specifying duties of the Florida Violent Crime Council; amending s. 943.04, F.S.; providing expanded functions for regional violent crime investigation teams; amending s. 943.042, F.S.; revising provisions relating to use of the Violent Crime Investigative Emergency Account within the Department of Law Enforcement Operating Trust Fund; providing an appropriation; providing an effective date. By the Committee on Ethics & Elections; Representatives Warner, Healey and Kerrigan- CS/HJR 65-A joint resolution proposing an amendment to Section 15 of Article III and the creation of Section 21 of Article XII of the State Constitution relating to terms of members of the House of Representatives. February 8, 1994 OF REPRESENTATIVES 83 By the Committee on Criminal Justice; Representatives Klein, Logan, Jacobs, Bloom, Armesto-Garcia, Mackenzie, Cosgrove, Tobin, Schultz, Bullard, Burke, Lippman, Gordon, Hanson, Feren, Eggelletion, Chestnut, McAndrews, Rojas, Glickman, Peeples, Geller, Stafford, Greene, Brown, Miller, Abrams, Brennan, Bush and Hill- CS/HB 241-A bill to be entitled An act relating to weapons and firearms; creating s. 790.222, F.S.; providing legislative findings and intent; defining the term "assault weapon"; restricting transfer and possession of assault weapons; providing exemptions; providing penalties; providing for seizure and forfeiture; providing a grace period for compliance; providing a limited licensure procedure for assault weapons lawfully possessed on the effective date; providing immunity from prosecution in certain circumstances; requiring the posting of notices; providing effective dates. Reports of Standing Committees Received November 9: The Committee on Community Affairs recommends the following pass: HCR 9 The above bill was placed on the Calendar. Received November 30: The Committee on Criminal Justice recommends the following pass: HB 21 The above bill was placed on the Calendar. Received January 5: The Committee on Higher Education recommends the following pass: HB 107 The above bill was referred to the Committee on Appropriations. Received January 6: The Committee on Higher Education recommends a committee substitute for the following: HB 7 The above committee substitute was placed on the Calendar and, under the rule, HB 7 was laid on the table. The Committee on Community Affairs recommends the following pass: HB 135 The above bill was referred to the Committee on Appropriations. Received January 7: The Committee on Ethics & Elections recommends the following pass: HB 85 HB 169, with 1 amendment The above bills were placed on the Calendar. The Committee on Criminal Justice recommends the following pass: HB 141 The above bill was referred to the Committee on Appropriations. Received January 11: The Committee on Criminal Justice recommends committee substitutes for the following: HB 241 HB 17 The above committee substitutes were referred to the Committee on Appropriations and, under the rule, HBs 241 and 17 were laid on the table. Received January 12: The Committee on Ethics & Elections recommends a committee substitute for the following: HJR 65 The above committee substitute was placed on the Calendar subject to review under Rule 8.4 and, under the rule, HJR 65 was laid on the table. Recessed Pursuant to the motion previously agreed to, the House recessed at 1:56 p.m., to reconvene at 1:30 p.m., Tuesday, February 15. JOURNAL OF THE HOUSE OF REPRESENTATIVES The Committees (as of January 6, 1994) [Democrats in Roman Aging & Human Services (Group IV) Art Simon (Chair), Philip Mishkin (Vice Chair), George Albright, Bruno A. Barreiro, Jr., Elaine Bloom, Shirley Brown, Larcenia J. Bullard, James Bush III, Robert K. Casey, Tom Feeney, Steven A. Geller, Ronald C. Glickman, Elaine Gordon, Addie L. Greene, Suzanne Jacobs, Buddy Johnson, Carl D. Littlefield, Anne Mackenzie, Jeff Stabins, William E. Sublette, Jack N. Tobin, Tracy W. Upchurch, Stephen R. Wise Subcommittees Aging & Rehabilitation: Gordon (Chair), Barreiro, Brown, Bullard, Bush, Casey, Geller, Jacobs, Buddy Johnson, Littlefield, Mishkin, Stabins Social, Economic & Developmental Services: Glickman (Chair), Albright, Bloom, Feeney, Greene, Mackenzie, Sublette, Tobin, Upchurch, Wise Agriculture & Consumer Services (Group III) Bert J. Harris, Jr. (Chair), Julie McClure (Vice Chair), F. Allen Boyd, Jr., Irlo "Bud" Bronson, Lori Edwards, James B. Fuller, Howard E. Futch, Addie L. Greene, James P. Kerrigan, John Laurent, Richard A. McMahan, O. R. Minton, Jr., Kenneth P. Pruitt, Luis E. Rojas, Dean P. Saunders, Charles W. Sembler II Subcommittees Consumer Services: D. Saunders (Chair), Futch, McMahan, McClure, Pruitt, Rojas General Agriculture & Marketing: Bronson (Chair), Boyd, Edwards, Fuller, Greene, Kerrigan, Laurent, Minton, Sembler Appropriations (Group V) John Long (Chair), Elaine Gordon (Vice Chair), George Albright, J. Keith Arnold, F. Allen Boyd, Jr., Mary Brennan, Irlo "Bud" Bronson, Scott W. Clemons, George A. Crady, Jim Davis, Josephus Eggelletion, Jr., Rodolfo Garcia, Jr., Lars A. Hafner, Carol G. Hanson, Mary Ellen Hawkins, Edward J. Healey, Dennis L. Jones, Everett A. Kelly, James E. King, Jr., Willie Logan, Jr., Anne Mackenzie, Joseph R. Mackey, Jr., Elvin L. Martinez, Sam Mitchell, Luis C. Morse, Vernon Peeples, Kenneth P. Pruitt, John C. Rayson, Alzo J. Reddick, Buzz Ritchie, Hurley W. Rudd, Debby P. Sanderson, Dean P. Saunders, Ron Saunders, David L. Thomas, Robert DeWitt Trammell, Carlos L. Valdes, Daniel Webster Subcommittees Aging, Health & Human Services: Ritchie (Chair), Albright, Brennan, Eggelletion, Hafner, Jones, Peeples, Rayson, Sanderson Criminal Justice: Logan (Chair), Crady, Hanson, Kelly, Martinez, R. Saunders, Thomas, Trammell, Valdes Education: Arnold (Chair), Boyd, Clemons, Davis, Garcia, Hawkins, King, Mackenzie, D. Saunders General Government & Transportation: Mitchell (Chair), Bronson, Healey, Mackey, Morse, Pruitt, Reddick, Rudd, Webster Business & Professional Regulation (Group II) Jack N. Tobin (Chair), James Bush III (Vice Chair), Lois Benson, Irlo "Bud" Bronson, Beryl D. Burke, Scott W. Clemons, John F. Cosgrove, Muriel Dawson, Lars A. Hafner, Dennis L. Jones, Frederick Lippman, Willie Logan, Jr., Julie McClure, Richard A. McMahan, Sharon J. Merchant, Lesley Miller, Jr., Luis C. Morse, Mark R. Ogles, John C. Rayson, Alzo J. Reddick, Charlie Roberts, Hurley W. Rudd, R. Z. Safley, Robert B. Sindler, Tracy Stafford, Robert J. Starks, Carlos L. Valdes, Tom Warner, Stephen R. Wise Subcommittees Business Regulation: Clemons (Chair), Logan, McMahan, Merchant, Miller, Ogles, Rudd, Stafford, Starks Professional Regulation: Lippman (Chair), Bronson, Bush, Cosgrove, Jones, Morse, Reddick, Roberts, Sindler, Valdes Republicans in Italic] Public & Private Utilities: Rayson (Chair), Benson, Burke, Dawson, Hafner, McClure, Safley, Warner, Wise Commerce (Group IV) Frederick Lippman (Chair), Richard A. McMahan (Vice Chair), Michael I. Abrams, Joseph Arnall, Lois Benson, David I. Bitner, F. Allen Boyd, Jr., Beryl D. Burke, Scott W. Clemons, Muriel Dawson, Lori Edwards, Rodolfo Garcia, Jr., Ben Graber, Paul M. Hawkes, Dennis L. Jones, Alfred J. Lawson, Jr., Willie Logan, Jr., Joseph R. Mackey, Jr., Carlos A. Manrique, O. R. Minton, Jr., Buzz Ritchie, Charlie Roberts, Debby P. Sanderson, Ron Saunders, Kimberly M. Shepard, David L. Thomas, J. Alex Villalobos Subcommittees Banking & Corporations: Clemons (Chair), Benson, Burke, Dawson, Garcia, Lawson, Manrique, McMahan, Sanderson, R. Saunders, Shepard Workers' Compensation: Mackey (Chair), Abrams, Arnall, Bitner, Boyd, Edwards, Graber, Hawkes, Jones, Logan, Minton, Ritchie, Roberts, Thomas, Villalobos Community Affairs (Group I) Ron Saunders (Chair), Harry C. Goode, Jr. (Vice Chair), Michael I. Abrams, Joseph Arnall, Stan Bainter, D. Lee Constantine, Marvin Couch, Willye F. Clayton Dennis, Lori Edwards, James B. Fuller, Steven A. Geller, Edward J. Healey, James P. Kerrigan, Carl D. Littlefield, Willie Logan, Jr., Elvin L. Martinez, Julie McClure, Philip Mishkin, Mark R. Ogles, Kenneth P. Pruitt, Alzo J. Reddick, Hurley W. Rudd, Dean P. Saunders, Kelley R. Smith, Robert J. Starks, Jack N. Tobin, Peter Rudy Wallace Subcommittees Growth Management: Goode (Chair), Arnall, Bainter, Geller, Logan, Martinez, Pruitt, D. Saunders, Wallace Intergovernmental Relations: Edwards (Chair), Constantine, Couch, Dennis, Healey, Littlefield, Rudd, Tobin Veterans, Military Affairs & Emergency Preparedness: Smith (Chair), Abrams, Fuller, Kerrigan, McClure, Mishkin, Ogles, Reddick, Starks Corrections (Group III) Kelley R. Smith (Chair), Robert B. Sindler (Vice Chair), Lois Benson, David I. Bitner, Robert K. Casey, Cynthia Moore Chestnut, Scott W. Clemons, George A. Crady, Victor D. Crist, Josephus Eggelletion, Jr., Carol G. Hanson, Edward J. Healey, Suzanne Jacobs, Joseph R. Mackey, Jr., Elvin L. Martinez, Sam Mitchell, Jeff Stabins, J. Alex Villalobos Subcommittees Classification & Reorganization: Sindler (Chair), Bitner, Chestnut, Clemons, Hanson, Jacobs, Martinez, Villalobos Prison Construction & Operations: Crady (Chair), Benson, Casey, Crist, Eggelletion, Healey, Mackey, Mitchell, Stabins Criminal Justice (Group IV) Elvin L. Martinez (Chair), Steven B. Feren (Vice Chair), Eladio Armesto-Garcia, Stan Bainter, Jimmy Charles, Marvin Couch, Victor D. Crist, Willye F. Clayton Dennis, Carol G. Hanson, James P. Kerrigan, Ron Klein, Mimi K. McAndrews, Debbie Wasserman Schultz, Robert B. Sindler, Tracy Stafford, Carlos L. Valdes Subcommittees Drugs & Alcohol/Law Enforcement: McAndrews (Chair), Bainter, Couch, Crist, Dennis, Kerrigan, Schultz, Sindler Prosecution & Punishment: Stafford (Chair), Armesto-Garcia, Charles, Feren, Hanson, Klein, Valdes 84 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES Education (Group I) Cynthia Moore Chestnut (Chair), Mary Brennan (Vice Chair), Lois Benson, F. Allen Boyd, Jr., Shirley Brown, Larcenia J. Bullard, Scott W. Clemons, Josephus Eggelletion, Jr., Ronald C. Glickman, Paul M. Hawkes, Mary Ellen Hawkins, Timothy F. Ireland, Carlos A. Manrique, Richard A. McMahan, John C. Rayson, Charlie Roberts, R. Z. Safley, Kimberly M. Shepard, Robert B. Sindler, Jeff Stabins, Joseph G. Tedder, John Thrasher, Tracy W. Upchurch Subcommittees Early Childhood, Elementary & Secondary Education: Clemons (Chair), Brennan, Bullard, Glickman, Hawkes, Safley, Shepard, Thrasher School Accountability: Roberts (Chair), Boyd, Eggelletion, Hawkins, Manrique, Stabins, Tedder Workforce Education: Rayson (Chair), Benson, Brown, Ireland, McMahan, Sindler, Upchurch Employee & Management Relations (Group II) Jim Davis (Chair), Addie L. Greene (Vice Chair), Eladio Armesto- Garcia, Robert K. Casey, D. Lee Constantine, Victor D. Crist, Howard E. Futch, Elaine Gordon, Ben Graber, Timothy F. Ireland, James P. Kerrigan, Alfred J. Lawson, Jr., Philip Mishkin, Brian P. Rush, Art Simon, Robert DeWitt Trammell Subcommittees Employee Benefits: Rush (Chair), Casey, Constantine, Futch, Greene, Ireland, Simon, Trammell; Davis, ex officio Employer/Employee Relations: Gordon (Chair), Armesto-Garcia, Crist, Graber, Kerrigan, Lawson, Mishkin; Davis, ex officio Ethics & Elections (Group II) Jack Ascherl (Chair), Kimberly M. Shepard (Vice Chair), J. Keith Arnold, George A. Crady, Willye F. Clayton Dennis, Lori Edwards, Greg Gay, Ronald C. Glickman, Bert J. Harris, Jr., Ron Klein, Carlos A. Manrique, Mimi K. McAndrews, John Morroni, Bill Posey, Kelley R. Smith, William E. Sublette, J. Alex Villalobos Subcommittees Elections: Crady (Chair), Arnold, Dennis, Manrique, McAndrews, Posey, Smith, Sublette Ethics: Glickman (Chair), Edwards, Gay, Harris, Klein, Morroni, Shepard, Villalobos Finance & Taxation (Group V) Michael I. Abrams (Chair), Steven A. Geller (Vice Chair), Joseph Arnall, Jack Ascherl, Beryl D. Burke, Robert K. Casey, Jimmy Charles, Cynthia Moore Chestnut, John F. Cosgrove, Marvin Couch, Muriel Dawson, Miguel A. De Grandy, Tom Feeney, Ben Graber, Timothy F. Ireland, Suzanne Jacobs, Ron Klein, John Laurent, Alfred J. Lawson, Jr., Frederick Lippman, Mimi K. McAndrews, Luis E. Rojas, Brian P. Rush, Debbie Wasserman Schultz, Charles W. Sembler II, Art Simon, Robert J. Starks, Jack N. Tobin, Tracy W. Upchurch, Stephen R. Wise Subcommittees General Government: Rush (Chair), Casey, Charles, Cosgrove, Couch, Feeney, Geller, Jacobs, Lawson, McAndrews, Rojas, Sembler, Simon, Starks, Upchurch Sales Tax: Chestnut (Chair), Arnall, Ascherl, Burke, Dawson, De Grandy, Graber, Ireland, Klein, Laurent, Lippman, Schultz, Tobin, Wise Governmental Operations (Group II) F. Allen Boyd, Jr. (Chair), Jimmy Charles (Vice Chair), Joseph Arnall, Bruno A. Barreiro, Jr., David I. Bitner, Elaine Bloom, Mary Brennan, Shirley Brown, Larcenia J. Bullard, Josephus Eggelletion, Jr., Tom Feeney, Paul M. Hawkes, Mary Ellen Hawkins, Edward J. Healey, Buddy Johnson, Vernon Peeples, Buzz Ritchie, Dean P. Saunders, Ron Saunders, Jeff Stabins, Joseph G. Tedder, John Thrasher, Tracy W. Upchurch Subcommittees Governmental Accountability: Brennan (Chair), Barreiro, Bitner, Bloom, Bullard, Hawkes, Healey, Peeples, R. Saunders, Stabins, Thrasher, Upchurch Governmental Efficiency: Tedder (Chair), Arnall, Brown, Charles, Eggelletion, Feeney, Hawkins, Buddy Johnson, Ritchie, D. Saunders Health Care (Group III) Ben Graber (Chair), Lesley Miller, Jr. (Vice Chair), George Albright, Elaine Bloom, Mary Brennan, Marvin Couch, Jim Davis, Muriel Dawson, Ronald C. Glickman, Harry C. Goode, Jr., Elaine Gordon, Paul M. Hawkes, Buddy Johnson, Dennis L. Jones, Everett A. Kelly, James E. King, Jr., Ron Klein, Alfred J. Lawson, Jr., Carlos A. Manrique, Philip Mishkin, Brian P. Rush, David L. Thomas, Tracy W. Upchurch, Tom Warner Subcommittees Health Services: Kelly (Chair), Albright, Goode, Gordon, King, Lawson, Miller, Mishkin, Rush, Thomas, Warner Health Standards: Upchurch (Chair), Bloom, Brennan, Couch, Davis, Dawson, Glickman, Hawkes, Buddy Johnson, Jones, Klein, Manrique Higher Education (Group I) Vernon Peeples (Chair), Suzanne Jacobs (Vice Chair), Eladio Armesto- Garcia, Jack Ascherl, Bruno A. Barreiro, Jr., James Bush III, Jimmy Charles, Jim Davis, Greg Gay, Ben Graber, Addie L. Greene, Lars A. Hafner, Carol G. Hanson, Buddy Johnson, Everett A. Kelly, Alfred J. Lawson, Jr., Anne Mackenzie, Lesley Miller, Jr., O. R. Minton, Jr., William E. Sublette, J. Alex Villalobos, Stephen R. Wise Subcommittees Administration: Lawson (Chair), Davis, Greene, Hanson, Buddy Johnson, Mackenzie, Miller, Minton, Villalobos, Wise Finance & Programs: Hafner (Chair), Armesto-Garcia, Ascherl, Barreiro, Bush, Charles, Gay, Graber, Jacobs, Kelly, Sublette Insurance (Group III) John F. Cosgrove (Chair), Debbie Wasserman Schultz (Vice Chair), Eladio Armesto-Garcia, Joseph Arnall, J. Keith Arnold, Jack Ascherl, Stan Bainter, James Bush III, Jimmy Charles, Miguel A. De Grandy, Willye F. Clayton Dennis, Tom Feeney, Steven B. Feren, Greg Gay, Steven A. Geller, Willie Logan, Jr., John Morroni, Mark R. Ogles, John C. Rayson, Charlie Roberts Subcommittees Health & Life Insurance: Logan (Chair), Arnall, Ascherl, De Grandy, Dennis, Feren, Gay, Ogles, Schultz Property & Casualty Insurance: Geller (Chair), Armesto-Garcia, Arnold, Bainter, Bush, Charles, Feeney, Morroni, Rayson, Roberts Judiciary (Group I) Robert DeWitt Trammell (Chair), Brian P. Rush (Vice Chair), David I. Bitner, Beryl D. Burke, John F. Cosgrove, George A. Crady, Miguel A. De Grandy, Steven B. Feren, Bert J. Harris, Jr., Anthony C. Hill, Sr., Ron Klein, John Laurent, Joseph R. Mackey, Jr., Mimi K. McAndrews, Sharon J. Merchant, Sam Mitchell, Bill Posey, Buzz Ritchie, Debby P. Sanderson, Debbie Wasserman Schultz, Charles W. Sembler II, Tracy Stafford, David L. Thomas, Tom Warner, Daniel Webster Subcommittees Claims: Klein (Chair), Crady, Hill, McAndrews, Sembler, Warner; Trammell, ex officio Court Systems, Probate & Consumer Law: Stafford (Chair), Cosgrove, De Grandy, Laurent, Mitchell, Posey, Rush, Schultz, Thomas; Trammell, ex officio Real Property & Family Law: Burke (Chair), Bitner, Feren, Harris, Mackey, Merchant, Ritchie, Sanderson, Webster; Trammell, ex officio February 8, 1994 85 JOURNAL OF THE HOUSE OF REPRESENTATIVES Natural Resources (Group IV) Hurley W. Rudd (Chair), Josephus Eggelletion, Jr. (Vice Chair), J. Keith Arnold, Mary Brennan, Cynthia Moore Chestnut, D. Lee Constantine, George A. Crady, Jim Davis, Greg Gay, Harry C. Goode, Jr., Lars A. Hafner, Bert J. Harris, Jr., Everett A. Kelly, James E. King, Jr., John Long, Sam Mitchell, Luis C. Morse, Mark R. Ogles, Kenneth P. Pruitt, John C. Rayson, Luis E. Rojas, Brian P. Rush, R. Z. Safley, Dean P. Saunders, Charles W. Sembler II, Tom Warner Subcommittees Environmental Protection: Hafner (Chair), Arnold, Chestnut, Constantine, Crady, Eggelletion, Harris, King, Long, Ogles, Pruitt, D. Saunders, Warner Natural Resources Management: Mitchell (Chair), Brennan, Davis, Gay, Goode, Kelly, Morse, Rayson, Rojas, Rush, Safley, Sembler Regulated Industries (Group II) Everett A. Kelly (Chair), O. R. Minton, Jr. (Vice Chair), George Albright, Stan Bainter, Cynthia Moore Chestnut, Steven B. Feren, Rodolfo Garcia, Jr., Steven A. Geller, Harry C. Goode, Jr., Carol G. Hanson, Anthony C. Hill, Sr., James E. King, Jr., Anne Mackenzie, Joseph R. Mackey, Jr., Elvin L. Martinez, Sam Mitchell, Luis E. Rojas, Debby P. Sanderson, Debbie Wasserman Schultz Subcommittees Alcoholic Beverages & Tobacco: Goode (Chair), Bainter, Chestnut, Hanson, Hill, Minton, Rojas, Sanderson, Schultz Lottery & Pari-Mutuels: Martinez (Chair), Albright, Feren, Garcia, Geller, King, Mackenzie, Mackey, Mitchell Rules & Calendar (Group VI) Peter Rudy Wallace (Chair), George A. Crady (Vice Chair, Parliamentarian), J. Keith Arnold, Jack Ascherl, Elaine Bloom, Irlo "Bud" Bronson, Scott W. Clemons, Miguel A. De Grandy, Rodolfo Garcia, Jr., Steven A. Geller, Elaine Gordon, Ben Graber, Edward J. Healey, Timothy F. Ireland, Dennis L. Jones, James E. King, Jr., John Laurent, Alfred J. Lawson, Jr., Frederick Lippman, Willie Logan, Jr., Anne Mackenzie, Joseph R. Mackey, Jr., Sam Mitchell, Vernon Peeples, Alzo J. Reddick, R. Z. Safley, Debby P. Sanderson, Kelley R. Smith, Tracy Stafford, David L. Thomas, Jack N. Tobin, Robert DeWitt Trammell, Daniel Webster Subcommittee Rules Reform: Crady (Chair), Ascherl, Clemons, Garcia, Lippman, Logan, Mackenzie, Safley, Sanderson Tourism & Economic Development (Group III) Alzo J. Reddick (Chair), Shirley Brown (Vice Chair), Larcenia J. Bullard, Beryl D. Burke, D. Lee Constantine, Mary Ellen Hawkins, Anthony C. Hill, Sr., Carl D. Littlefield, Anne Mackenzie, Mimi K. McAndrews, Sharon J. Merchant, Luis C. Morse, Bill Posey, Buzz Ritchie, Hurley W. Rudd, Ron Saunders, Kimberly M. Shepard, Art Simon, Tracy Stafford, William E. Sublette, Joseph G. Tedder, John Thrasher Subcommittees International Trade, Small & Minority Business & Economic Development: Simon (Chair), Burke, Hill, Littlefield, Mackenzie, McAndrews, Merchant, Morse, Ritchie, Sublette, Tedder Tourism, Historical & Cultural Resources: Shepard (Chair), Brown, Bullard, Constantine, Hawkins, Posey, Rudd, R. Saunders, Stafford, Thrasher Transportation (Group IV) Edward J. Healey (Chair), Anthony C. Hill, Sr. (Vice Chair), Irlo "Bud" Bronson, John F. Cosgrove, James B. Fuller, Howard E. Futch, Mary Ellen Hawkins, Julie McClure, Sharon J. Merchant, Lesley Miller, Jr., John Morroni, Bill Posey, Alzo J. Reddick, Kelley R. Smith, Robert J. Starks, Joseph G. Tedder, Robert DeWitt Trammell, Peter Rudy Wallace, Daniel Webster Subcommittees Highway Safety: Miller (Chair), Futch, McClure, Morroni, Posey, Reddick, Smith, Starks, Wallace Transportation: Bronson (Chair), Cosgrove, Fuller, Hawkins, Hill, Merchant, Tedder, Trammell, Webster OTHER COMMITTEES ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS Tracy Stafford (Alternating Chair), James B. Fuller, Harry C. Goode, Jr., Tracy W. Upchurch AGENCY RULES, SELECT Joseph R. Mackey, Jr. (Chair), Willye F. Clayton Dennis (Vice Chair), Bruno A. Barreiro, Jr., Irlo "Bud" Bronson, Victor D. Crist, Miguel A. De Grandy, Ronald C. Glickman, Bert J. Harris, Jr., Elvin L. Martinez, Bill Posey, Kenneth P. Pruitt, Ron Saunders, Charles W. Sembler II, John Thrasher HOUSE MEMBERS OF JOINT LEGISLATIVE COMMITTEES (Standing and Select) (Group VII) Joint Administrative Procedures Scott W. Clemons (Alternating Chair), Jimmy Charles, Howard E. Futch Joint Legislative Auditing Jack N. Tobin (Alternating Chair), Carl D. Littlefield, Mimi K. McAndrews, Vernon Peeples, Joseph G. Tedder Joint Legislative Information Technology Charlie Roberts (Alternating Chair), Anne Mackenzie, John Morroni Joint Legislative Management Elaine Bloom (Alternating Chair), Jim Davis, Timothy F. Ireland 86 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES RULES of the HOUSE OF REPRESENTATIVES for 1994 Rule One Officers and Employees 1.1-Election of Speaker, Speaker pro tempore, Minority Leader and Minority Leader pro tempore A Speaker and a Speaker pro tempore shall be elected at the Organization Session of the House. They are to continue in office until their successors are chosen and qualified or until the expiration of their term, whichever shall first occur. The Speaker and Speaker pro tempore shall take an oath to support the Constitution of the United States and of the State of Florida, and for the true and faithful discharge of their duties of office to the best of knowledge and ability. The minority party shall elect, at a Minority Caucus to be held in conjunction with the Organization Session of the House of Representatives, a Minority Leader and a Minority Leader pro tempore, the names of whom shall be certified to the Clerk of the House. They shall continue in office until their successors are chosen and qualified or until the expiration of their terms, whichever shall first occur. 1.2-Election by Ballot The election of the Speaker, the Speaker pro tempore, the Minority Leader and the Minority Leader pro tempore shall be by ballot. The Speaker and the Speaker pro tempore shall be elected by the full membership of the House. The Minority Leader and the Minority Leader pro tempore shall be elected by the members of the minority party. In all cases of ballot, a majority of the votes cast shall be necessary to win an election. Where there shall not be a majority on the first ballot, the Members voting shall then ballot on the two names receiving the higher number of votes on the first ballot. Upon the request of five Members, the vote of each Member present shall be entered upon the Journal. 1.3-Election of Clerk of the House There shall be a Clerk who shall be elected for a period of two years and shall keep open the Office of the Clerk during and between sessions of the Legislature on a permanent basis. A permanent staff of assistants shall be appointed to efficiently transact such business as assigned, or required by law or by rules of the House, during and between sessions of the Legislature. The Clerk shall take an oath to support the Constitution of the United States and of the State of Florida, and for the true and faithful discharge of the duties of office to the best of knowledge and ability. 1.4-Minority Leader's Responsibilities The Minority Leader shall be responsible for the organization, control and supervision of the Minority Office, including the administration of the approved budget for the operation of the Minority Office. The Minority Leader shall also be responsible for assigning, coordinating and supervising the work of the Minority Office staff. He shall perform all other coordinating activities and duties relating to the minority party. A majority of the minority members in caucus may confer such additional duties on the Minority Leader as may be deemed necessary. 1.5-Minority Leader pro tempore In the temporary absence of the Minority Leader, the Minority Leader pro tempore shall assume the duties and functions of the office of Minority Leader. In the event the office of Minority Leader is vacated, nothing herein shall preclude a majority of minority party members in caucus from electing a new Minority Leader. 1.6-Designation of Sergeant at Arms; Employment, Compensation and Dismissal of Employees The Speaker shall, with the advice and consent of the Members, designate the Sergeant at Arms. The Speaker shall employ all employees of the House and shall determine their qualifications, hours of work, and compensation, including leave, perquisites and other benefits. The Speaker shall have the right to dismiss any employee of the House and the pay of such employee shall stop on the day of dismissal. 1.7-Employees Forbidden to Lobby No employee of the House shall, directly or indirectly, be interested or concerned with the passage or consideration of any bill except duly authorized members of the staff designated in writing by a Member of the House with authority over the designated staff member. If any employee exhibits an improper interest or concern with any bill it shall be grounds for dismissal pursuant to Rule 1.6. 1.8-Hours of Employment and Duties of Employees; Absence; Political Activity Employees shall perform the duties allotted to them by custom and by rule of the House and by order of the Speaker. All full-time employees shall observe a minimum of a forty hour work week unless absence from duty is authorized by the appropriate authority. If employees are absent without prior permission, save for just cause, they shall be dismissed pursuant to Rule 1.6 or forfeit compensation for the period of absence. Employees shall not engage in campaign activities during regular work hours, except when on approved leave, and shall neither hold, nor be a candidate for public office other than a political party executive committee office while in the employ of the House of Representatives. 1.9-Personal Use of Long-distance Lines Prohibited Long-distance lines shall not be used by employees for personal purposes and any employee using a long-distance line for such purposes shall be subject to immediate dismissal. 1.10-Designation of Majority Leader, Majority Whips There shall be a Majority Leader and one or more Majority Whips, each of whom shall be designated by the Speaker to serve at his pleasure and to perform such duties as may be assigned by the Speaker from time to time. 1.11-Legislative Records There shall be available for public inspection, whether maintained in Tallahassee or in a district office, the papers and records developed and received in the course of legislative business as follows: (a) bills and amendments thereto, resolutions and amendments thereto filed with the Clerk, committees and subcommittees; (b) messages and communications received from the governor or the other house of the legislature; (c) transcripts or minutes, if prepared, and journal records of all sessions and meetings, including meetings of committees and subcommittees and public hearings, with the records of attendance of members and records of any votes taken; (d) final reports submitted by committees and subcommittees in accordance with Rule 6.34 and Rule 6.50; and final staff reports submitted to committees and subcommittees; (e) records showing the recorded votes of each member in every session and every committee and subcommittee meeting in which the member votes; (f) reports and findings required by law to be made and submitted to the House or an officer of the House; (g) leave, classification, applications, and payroll records of members and employees; (h) administrative manuals setting forth House policies and procedures; (i) fiscal records, including the operating budget of the House, Financial and Compliance Audits of the Legislature, accounts, vouchers, invoices and contracts dealing with the receipt or disbursement of funds by the House as an institution or its acquisition, use or disposal of services, supplies, materials, equipment or other property; (j) quarterly reports of member intradistrict allotment expenditures; (k) all records which are required by these rules to be made or retained. In the event that a request is made to inspect papers or records which have been determined by the custodian to not be covered under this rule, a request may be submitted in writing to the Speaker, who shall make a February 8, 1994 87 88 JOURNAL OF THE HOUSE final determination as to the applicability of this rule to the papers or records in question. 1.12-Legislative Records: Maintenance, Control, Destruction, Disposal and Disposition (a) The responsibility for maintaining committee legislative records shall be with the committee secretary of the parent committee for records created by a committee or subcommittee or the employees of the House who are assigned to such committee or subcommittee. The committee secretary shall maintain such records which are required by these Rules to be created or which are of vital, permanent or archival value in a safe location which is easily accessible for convenient use. The committee secretary shall systematically dispose of records no longer needed for any purpose by the committee, subcommittee or employees of the House assigned to such committee or subcommittee and which are not needed in the transaction of current business and that do not have sufficient administrative, legal or fiscal significance to warrant their retention, except for those records specifically required to be created pursuant to the Rules of the House of Representatives. A committee secretary need not retain any record specifically required to be created pursuant to these Rules when the substance of the record is published or retained in another form or location. (b) The responsibility for maintaining legislative records which relate to the legislative business of the House of Representatives, other than committee legislative records and the records of the Office of the Speaker, Office of the Speaker pro tempore, Majority Office, Minority Office and Sergeant at Arms' Office, shall be with the Clerk. The Clerk shall maintain such records which are required by these Rules to be created or which are of vital, permanent or archival value in a safe location which is easily accessible for convenient use. The Clerk shall systematically dispose of records no longer needed for any purpose by the House, the Clerk, a committee, a subcommittee or employees of the House assigned to a committee or subcommittee and which are not needed in the transaction of current business and that do not have sufficient administrative, legal or fiscal significance to warrant their retention, except for those records specifically required to be created pursuant to the Rules of the House of Representatives. The Clerk need not retain any record specifically required to be created by these Rules when the substance of the record is published or retained in another form or location. (c) The responsibility for maintaining the legislative records of the Office of the Speaker, Office of the Speaker pro tempore, Majority Office, Minority Office, and the Sergeant at Arms' Office shall be with the Speaker, Speaker pro tempore, Majority Leader, Minority Leader or Sergeant at Arms, respectively. The Speaker, Speaker pro tempore, Majority Leader, Minority Leader, and Sergeant at Arms shall maintain such records which are required by these Rules to be created or which are of vital, permanent or archival value in a safe location which is easily accessible for convenient use. The Speaker, Speaker pro tempore, Majority Leader, Minority Leader and Sergeant at Arms shall systematically /dispose of records no longer needed for any purpose by the House, the Clerk, a committee, a subcommittee or employees of the House assigned to such office, a committee or subcommittee and which are not needed in the transaction of current business and that do not have sufficient administrative, legal or fiscal significance to warrant their retention, except for those records specifically required to be created pursuant to the Rules of the House of Representatives. The Speaker, Speaker pro tempore, Majority Leader, Minority Leader and Sergeant at Arms need not retain any record specifically required by these Rules to be created when the substance of the record is published or retained in another form or location. (d) The responsibility for maintaining legislative records of a district office shall be with the Member representing the district for records created by the Member or the employees of the House who are assigned to the Member. The Member shall maintain such records which are required by these Rules to be created or which are of vital, permanent or archival value in a safe location which is easily accessible for convenient use. The Member shall systematically dispose of records no longer needed for any purpose by the Member, district office or employees of the House assigned to the Member and which are not needed in the transaction of current business and that do not have sufficient administrative, legal or fiscal significance to warrant their retention, except for those records specifically required to be created pursuant to the Rules of the House of Representatives. A Member need not retain any record specifically required to be created pursuant to these Rules when the substance of the record is published or retained in another form or location. ] E OF REPRESENTATIVES February 8, 1994 (e) Whenever the Speaker, Speaker pro tempore, Majority Leader, Minority Leader or other Member has custody of any legislative record he shall, at the expiration of his term of office, deliver to his successor or, if there be none, to the Clerk all legislative records maintained by him in the transaction of his official business. Whenever a standing or select committee or subcommittee is abolished or expires, the legislative records maintained on behalf of such standing or select committee or subcommittee shall be transferred by the committee secretary to the committee secretary of the standing or select committee or subcommittee directed by the Speaker to assume the jurisdiction of the former committee. If no committee is to assume the jurisdiction of the former committee, the committee secretary shall transfer the legislative records kept or received on behalf of'the standing or select committee or subcommittee to the Clerk for appropriate disposition. (f) Biennially, the Speaker, Speaker pro tempore, Majority Leader, Minority Leader and Clerk, and each committee secretary, may transfer such legislative records which are required by these Rules to be created, which are of vital, permanent or archival value, which are not needed in the transaction of current business, or which have sufficient administrative, legal or fiscal significance to warrant their retention, to the Legislative Library Division of the Joint Legislative Management Committee for transfer to the Division of Library and Information Services of the Department of State for retention in accordance with law. (g) The Clerk, with the approval of the Speaker, shall establish a schedule of reasonable and appropriate fees for copies of legislative records and documents; except there shall be no charge for a single copy of any individual, separately obtained bill, other than a general appropriations bill, or staff analysis or other record required by these Rules to be created. Such schedule shall be based upon the actual cost of duplication of the record and shall include the material and supplies used to duplicate the record but not the labor cost or overhead cost associated with such duplication. If the nature or cost of records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by employees of the House, or both, the Clerk may impose a special service charge in addition to the actual cost of duplication. Such a special service charge shall be based on the cost incurred for the extensive use of information technology resources or the labor cost of employees providing the service that is actually incurred by the House or attributable to the House for the clerical and supervisory assistance required, or both. Rule Two The Speaker 2.1-Calling the House to Order The Speaker shall take the chair on every legislative day precisely at the hour to which the House recessed at the last sitting, immediately call the Members to order and proceed with the business of the House as provided in Rule 8.2. 2.2-Speaker Preserves Order on Floor, in Galleries and Lobby The Speaker shall preserve order and decorum, and, in case of disturbance or disorderly conduct in the galleries, or in the lobby, may cause the same to be cleared. 2.3-Speaker's Control of Chamber, Corridors, and Rooms The Speaker shall have general control of the Chamber of the House, and of the corridors, passages and rooms assigned to the House. 2.4-Speaker's Signature to Acts, Warrants, etc.; Decision of Questions of Order Subject to Appeal; and Approval of Legal Proceedings The Speaker shall sign all acts, joint resolutions, resolutions, memorials, writs, subpoenas, vouchers for expenditures chargeable to the House or other papers issued by the House. The Speaker shall decide all questions of order subject to an appeal by any Member. The Speaker may require the Member raising a point of order to cite the rule or other authority in support of the question. Upon appeal, no Member (except the Member making the appeal) shall speak more than once, save by permission of the House. The Member making the appeal shall have the right to speak five minutes in closing the debate. The Speaker or the Committee on Rules & Calendar may authorize counsel to initiate, defend, intervene in, or otherwise participate in any suit JOURNAL OF THE HOUSI on behalf of the House, a committee of the House, a Member of the House (whether in the legal capacity of Member or taxpayer), a former Member of the House, or an officer or employee of the House, when such suit is determined by the Speaker to be of significant interest to the House and when it is determined by the Speaker that the interests of the House would not otherwise be adequately represented. Expenses incurred for legal services in such proceedings may be paid upon approval of the Speaker. 2.5-The Speaker's Vote The Speaker shall not be required to vote in legislative proceedings other than on final passage of a bill, except where the Speaker's vote would be decisive. In all yea and nay votes, the Speaker's name shall be called last. 2.6-Speaker pro tempore The Speaker shall have the right to name any Member to perform the duties of the Chair, but such substitution shall not extend beyond one legislative day. In the Speaker's absence and omission to make such appointment, the Speaker pro tempore shall act during the Speaker's absence. In the event of an interim vacancy of the office of Speaker, through death or resignation, or in the event of disability of the Speaker, the Speaker pro tempore and such other officers as are listed in Section 11.15(3), F.S., shall temporarily and for the period of vacancy or disability conduct the necessary business of the House. 2.7-Open Meetings Subject to order and decorum, the Speaker shall provide reasonable access to members of the public, including at least one representative each of the print media and the radio and television news media, to any meeting between the Speaker and either the Governor or the President of the Senate, if such members of the public or press have requested admission to the meeting and the meeting has been prearranged for the purpose of agreeing, at such meeting, to take formal legislative action on pending legislation or amendments at such meeting or at a subsequent time. Such meetings shall be reasonably open to the public and shall be governed by, and conducted in accordance with, the requirements of Rule 5.25, as if such meeting were a meeting between three or more legislators. Rule Three The Clerk 3.1-Clerk's Duties at Organization The Clerk of the preceding session shall, at the beginning of the Organization Session of the Legislature, call the Members to order, proceed to call the roll of Members by districts in numerical order, and pending the election of a Speaker or Speaker pro tempore, preserve order and decorum, and decide all questions of order subject to appeal by any Member. The duties of this section may be delegated by the Clerk to any Member. 3.2-Duties Generally; Keeps Journal The Clerk shall cause to be kept a correct Journal of the proceedings of the House, and this Journal shall be numbered serially from the first day of each session of the Legislature. As Enrolling Clerk, ex officio, and as Clerk, the Clerk of the House shall superintend the engrossing, enrolling and transmitting of bills, resolutions and memorials; shall not permit any records or papers belonging to the House to be taken out of the Clerk's custody other than in the regular course of business and only then upon receipt and shall report any missing papers to the Speaker. All such records in the custody of the Clerk shall be available for public inspection. 3.3-Prepares Calendars The Clerk shall prepare a Daily Calendar which shall set forth: (1) the order of business; (2) the nature of the committee report on each bill, i.e., whether favorable, favorable with committee amendments or favorable with committee substitute, and (3) the status of each bill, i.e., whether on second or third reading. The Clerk shall publish, from time to time, an Interim Calendar which shall record the receipt of profiled bills and the Speaker's reference of them, notices of committee meetings, committee actions upon profiled bills, and such other information as may be useful, including membership of standing committees and subcommittees. This Interim Calendar, with notice of committee meetings, shall be mailed to all Members of the Legislature and other persons requesting this service, at least seven calendar days prior to such meeting if practicable. February 8, 1994 SOF REPRESENTATIVES 89 3.4-Reads Papers, Calls Roll The Clerk shall have read to the House all papers ordered to be read; note responses of Members when the roll is called to determine the presence of a quorum; call the roll and note the answers of Members when a question is taken by yeas and nays; assist, under the direction of the Speaker, in taking the count when any vote of the House is taken by a show of hands or otherwise. 3.5-Attests Writs; Certifies Passage 'It shall be a ministerial duty of the Clerk to attest to all writs, issued by order of the House, and to the passage of all bills. 3.6-Prepares Printed Forms and Distributes Documents The Clerk shall prepare the copy for all printed forms used by the House. The Clerk shall have the responsibility for distribution of documents originating in the Office of the Clerk. 3.7-Assigns Assistants The Clerk shall assign such assistants as may be authorized by the Speaker for the performance of the duties required of the Clerk. These assistants shall be subject to the Clerk's orders. In the necessary absence of the Clerk, a deputy designated by the Clerk shall serve as Acting Clerk with authority to sign on behalf of the Clerk, documents which the Clerk is authorized to sign by law or rule. The Clerk shall, however, be responsible for authorized actions taken by the designated deputy. 3.8-Responsibility for Legal Form of Bills, etc. The Clerk shall examine bills upon their tender for introduction to determine whether superficially these meet the requirements of the Constitution for the presence of the enacting or resolving clause or provision in local bills, including local claim bills, for advertising or for referendum; but beyond calling an apparent defect to the attention of the sponsor, the obligation of the Clerk shall end and responsibility for legal and constitutional correctness shall be solely that of the sponsor. 3.9-Deleted as obsolete November 17, 1992 Rule Four The Sergeant at Arms, Chaplain 4.1-Sergeant at Arms Enforces Authority of House The Sergeant at Arms shall attend the House during its sittings, maintain order under the direction of the Speaker or Member performing the duties of the Chair, and, pending the election of a Speaker or Speaker pro tempore at the beginning of the Organization Session of the Legislature, under the direction of the Clerk of the House, execute the commands of the House, and all processes issued by authority thereof, directed to the Sergeant at Arms. 4.2-General Duties of the Sergeant at Arms The Sergeant at Arms shall enforce strictly the rules relating to the privileges of the Chamber and be responsible to the Speaker for the official conduct of doorkeepers and other employees of the Sergeant's office. The Sergeant at Arms shall assign such assistants as the Speaker authorizes. 4.3-Sergeant at Arms the Custodian of Furniture, Books, etc. The Sergeant at Arms shall, annually, take an inventory of all the furniture, books, and other public property in the several committee and other rooms under the Sergeant's charge, and report the same to the Speaker. The Sergeant at Arms shall do whatever is reasonable and proper for the expedition of the business of the House. 4.4-The Sergeant at Arms Clears the Floor of Unauthorized Persons The Sergeant at Arms shall, fifteen minutes before the hour of the meeting of the House each day, see that the floor is cleared of all persons except those privileged to remain, and the Sergeant at Arms shall do whatever may be possible and proper to keep the public corridors outside the Chamber free of loiterers so the Members will not be impeded in their passage. 4.5-Supervision of Sergeant at Arms The Sergeant at Arms shall be under the direct supervision of the Speaker. 4.6-Duties of the Chaplain A Chaplain shall attend at the beginning of each day's sitting of the House and open the same with prayer. In the absence of a Chaplain, the Speaker may designate someone else to offer prayer. 90 JOURNAL OF THE HOUSE Rule Five The Members 5.1-Members Shall Vote Every Member shall be within the House Chamber during its sittings unless excused or necessarily prevented, and shall vote on each question put, except that no Member shall be permitted to vote on any question immediately concerning his private rights as distinct from the public interest. This Rule shall not abridge the right of a Member to enter on the Journal his reasons for such abstention pursuant to Rule 5.11. 5.2-Excused Absence The Speaker may excuse any Member from attendance on the House and its committees for any stated period, and such excused absence shall be noted on the Journal. 5.3-Possession of Bills No Member or any other person shall take possession of an original bill with the intention of depriving the Legislature of its availability for consideration. The responsibility for the safekeeping of original bills shall vest in the Clerk of the House or, after being committed to a committee, in the committee chairman. The committee chairman may authorize a staff member to sign for bills. 5.4-Members Deemed Present Unless Excused Any Member, having answered roll call (taken either orally or by the voting machine) at the opening of any daily session, or who enters after roll call and informs the Clerk of his presence, shall thereafter be deemed as present unless leave of absence is obtained from the Speaker. 5.5-Contested Seat In cases of contest for a seat in the House, notice setting forth the specific grounds of such contest and evidence in support thereof shall be received by the Clerk not less than five days before the organization session of the legislature or, in the case of a special election, by the day on which the next session convenes. The contest shall be referred by the Speaker to the appropriate committee. The committee shall hold a-hearing and report its findings and recommendations as speedily as reasonably possible. Upon receipt of the committee report, the House shall with all dispatch, by a majority vote, determine the contest. 5.6-Legislative Ethics and Official Conduct Legislative office is a trust to be performed with integrity in the public interest. A Member of the House is jealous of the confidence placed in him by the people and by his colleagues. By personal example and by admonition to colleagues whose behavior may threaten the honor of the lawmaking body, he shall watchfully guard the responsibility of his office and the responsibilities and duties placed on him by the House. To this end, each Member of the House shall be accountable to the House for violations of this Rule or any provision of the House Code of Conduct contained in Rules 5.7 through 5.16. 5.7-The Integrity of the House A Member shall respect and comply with the law and shall conduct himself at all times in a manner that promotes public confidence in the integrity and independence of the House and of the Legislature. Each Member shall conduct himself at all times in a manner that promotes a professional environment in the House, free from discrimination. 5.8-Improper Influence; Solicitation of Campaign Contributions . (1) A Member of the House shall accept nothing which reasonably may be construed to improperly influence his official act, decision or vote. (2) A Member of the House shall neither solicit nor accept any campaign contribution during the sixty-day regular legislative session on his own behalf or on behalf of a political party or on behalf of a candidate for the House of Representatives; however, a Member may contribute to his own campaign. 5.9-Conflicting Employment A Member of the House shall not allow his personal employment to impair his independence of judgment in the exercise of his official duties. 5.10-Conflict of Interest A Member of the House shall not directly or indirectly receive or agree to receive any compensation for any services rendered or to be rendered either by himself or another when such activity is in substantial conflict with his duties as a Member of the House. 5.11-Disclosure Disqualification A Member of the House prior to taking any action or voting upon any bill in which he knows or believes he or a member of his family has a personal, private or professional interest which inures to his special private ;l E OF REPRESENTATIVES February 8, 1994 gain, or to that of a member of his family, or the special gain of any principal by whom he or a member of his family is retained or employed, shall disclose the nature of such interest as a public record in a memorandum filed with the Clerk of the House and published in the Journal of the House, or if such Member will be voting or abstaining from voting in committee or subcommittee, he shall file a memorandum with the committee secretary, who shall attach such memorandum to the committee report. Upon disclosure, such Member may disqualify himself from voting on a bill in which he has a conflict of interest pursuant to Rule 5.1. For the purpose of this Rule, family members shall include the Member's spouse, his parents, and his children. 5.12-Use of Official Position A Member shall not engage in any activity for personal gain which would be an abuse of the Member's official position as a Member or a violation of the trust or authority placed in the Member either by the public or by his colleagues. 5.13-Use of Information Obtained by Reason of Official Position A Member may engage in business and professional activity in competition with others, but shall not use any information obtained by reason of his official capacity as a Member, unavailable-to members of the public as a matter of law, to gain advantage over any competition for activities with the state and its political subdivisions. 5.14-Compliance with Statutes Relating to Ethics of Public Officers A Member shall scrupulously comply with the requirements of all laws related to the ethics of public officers. 5.15-Representation of Another Before a State Agency No Member shall personally represent another person or entity for compensation before any state agency other than a judicial tribunal. 5.16-Legislative Employees Each Member of the House shall be responsible for calling the regulations, policies and procedures approved by the Speaker relating to legislative staff and the Rules of the House relating to legislative staff to the attention of any staff for which the Member is directly responsible. A Member shall not engage, or permit another to engage, in conduct which the Member knows or should have known to be harmful to a professional environment in the workplace, free from employment discrimination. A professional environment in the workplace, free from employment discrimination is one in which there is compliance with state and federal law and the regulations, policies and procedures relating to employment discrimination approved by the Speaker in effect on the date of adoption of this Rule. 5.17-Advisory Opinions A Member of the House, when in doubt about the applicability and interpretation of this Rule in a particular context, shall submit in writing the facts of the situation to the Speaker, who shall refer the issue to a committee designated by the Speaker to have responsibility for the ethical conduct of Members with a request for an advisory opinion to establish the standard of public duty. An advisory opinion shall be rendered by the committee, all of said opinions to be numbered, dated, and published in the Journal of the House. Said opinions shall not identify the Member of the House seeking the opinion unless such Member so requests. 5.18-Appearance Before Committee Any Member requesting an opinion from the committee so designated under Rule 5.17, after submitting the facts of the situation in writing, may appear in person before the committee. 5.19-Complaints of Violations of the Standards of Conduct; Procedure (a) Filing of Complaints. The Chairman of the Rules & Calendar Committee shall receive and initially review allegations of improper conduct that may reflect upon the House, violations of law, violations of the House Code of Conduct (Rules 5.7 through 5.16), and violations of the rules and regulations of the House relating to the conduct of individuals in the performance of their duties as Members or officers of the House. (1) Review of Complaints. The Chairman of the Rules & Calendar Committee shall review each complaint submitted to the Rules & Calendar Committee relating to the conduct of a Member or officer of the House. (2) Complaints. a. A complaint submitted to the Chairman of the Rules & Calendar Committee shall be in writing and under oath, setting forth in simple, concise statements the following: 1. the name and legal address of the party filing the complaint (complainant); JOURNAL OF THE HOUSI 2. the name and position or title of the Member or officer of the House of Representatives (respondent) alleged to be in violation of the House Code of Conduct or a law, rule, regulation or other standard of conduct; 3. the nature of the alleged violation based upon the personal knowledge of the complainant, including, if possible, the specific section of the House Code of Conduct or law, rule, regulation or other standard alleged to have been violated; and 4. the facts alleged to give rise to the violation. b. All documents in the possession of the complainant that are relevant to, and in support of, the allegations shall be attached to the complaint. (3) Processing Complaint and Preliminary Findings. a. Upon the filing of a complaint, the chairman shall notify the Member or officer against whom the complaint has been filed and give such person a copy of the complaint. b. The chairman shall examine each complaint for jurisdiction and for compliance with subsection (a)(2) of this Rule. c. Should the chairman determine that a complaint does not comply with said Rule, the complaint shall be returned to the complainant with a general statement that the complaint is not in compliance with said Rule and with a copy of the Rule. A complainant may resubmit a complaint provided such complaint is resubmitted prior to the expiration of the time limitation set forth in section (o) of this Rule. d. Should the chairman determine that the verified complaint does not allege facts sufficient to constitute a violation of any of the provisions of the House Code of Conduct, or a law, rule, regulation or other standard of conduct, the chairman shall dismiss the complaint and notify the complainant and the respondent of such action. e. Should the chairman determine that the complaint is outside the jurisdiction of the House, he shall dismiss the complaint and notify the complainant and the respondent of such action. f. Should the chairman determine that a violation is inadvertent, technical, or otherwise of a de minimis nature, he may attempt to correct or prevent such a violation by informal means. g. Should the chairman determine that such a complaint does allege facts sufficient to constitute a violation of any of the provisions of the House Code of Conduct, or a law, rule, regulation or other standard of conduct, and that the complaint is not de minimis in nature, the chairman shall within twenty (20) days transmit a copy of the complaint to the Speaker and, in writing, request the appointment of a Probable Cause Panel or Special Master regarding the complaint. (b) Probable Cause Panel. (1) Creation. Whenever the Speaker receives a copy of a complaint and request made pursuant to subsection (a) of this Rule, the Speaker shall, within twenty (20) days, either (1) appoint a Probable Cause Panel (the panel) consisting of an odd number of members or (2) appoint a Special Master. If the Speaker appoints a Probable Cause Panel, he shall also appoint one member of the panel as its chairman. The Speaker may appoint up to two additional persons who are not Members of the House to serve as non-voting, public members of a Probable Cause Panel. (2) Powers and Duties. The members of the panel or the Special Master shall have the following powers and duties: a. investigate complaints and make appropriate findings of fact promptly regarding allegations of improper conduct sufficient to establish probable cause of violations of law, violations of the House Code of Conduct and violations of rules and regulations of the House relating to the conduct of individuals in the performance of their duties as Members or as officers of the House; b. based upon the investigation by the Special Master or the panel, make and report findings of probable cause to the Speaker and to the House as it relates to the complaint which occasioned the appointment of the Probable Cause Panel or the Special Master; c. recommend to the Rules & Calendar Committee such additional rules or regulations as the Probable Cause Panel or the Special Master shall determine as necessary or desirable to insure proper standards of conduct by Members of the House of Representatives and by officers of the House, in the performance of their duties and the discharge of their responsibilities. (3) Quorum. A quorum of a Probable Cause Panel, when appointed, shall consist of a majority of the members of the panel. All action by a Probable Cause Panel shall require the concurrence of a majority of the full panel. February 8, 1994 SOF REPRESENTATIVES 91 (4) Term. A Probable Cause Panel or Special Master, as appropriate, shall serve until the complaint which occasioned the appointment of the panel or the Special Master has been dismissed or until a finding of probable cause has been transmitted to the Speaker. (c) Preliminary Investigation and Probable Cause Finding. (1) Preliminary Investigation. a. The Probable Cause Panel or the Special Master shall provide the respondent an opportunity to present to the panel, the Special Master, or staff of the panel, orally or in writing, a statement addressing the allegations. b. The panel, Special Master, or the staff of the panel may interview witnesses and examine documents and other evidentiary matters. c. The panel or Special Master may order the testimony of witnesses to be taken under oath, in which event the oath may be administered by the chairman or any other member of the panel, by the Special Master, or by any person authorized by law to administer oaths. d. The panel or Special Master may require, by subpoena issued pursuant to these Rules or otherwise, the attendance and testimony of witnesses and the production of such books, records, correspondence, memoranda, papers, documents, and other items as it deems necessary to the conduct of the inquiry. (2) Probable Cause Finding. a. Panel Findings 1. The panel, by a recorded vote of a majority of the full panel, or the Special Master, as appropriate, shall determine whether there is probable cause to conclude that a violation within the jurisdiction of the panel or the Special Master has occurred. 2. Should the panel or Special Master, as appropriate, find that probable cause does not exist, the panel or Special Master shall dismiss the complaint and notify the complainant and the respondent of its determination. 3. Should the panel or Special Master, as appropriate, determine that probable cause exists to believe that a violation occurred but that the violation, if proven, is neither of a de minimis nature nor sufficiently serious to justify expulsion, censure, or reprimand, the panel or Special Master may recommend an appropriate, lesser penalty. If the respondent agrees, a summary of the panel's conclusions or Special Master's conclusions, as is appropriate, shall be published in the House Journal and the agreed penalty shall be imposed. Should the panel or Special Master be unable to satisfactorily settle the complaint, the complaint shall be subject to a full evidentiary hearing before the Select Committee on Standards of Official Conduct pursuant to subsection (d) of this Rule. 4. Should the panel or Special Master determine that probable cause exists to believe that a violation occurred and that, if proven, would be sufficiently serious to justify expulsion, censure, or reprimand, the panel or Special Master shall cause to be transmitted to the respondent a Statement of Alleged Violation. The statement shall be divided into counts, and each count shall be related to a separate violation and shall contain a plain and concise statement of the alleged facts of such violation, including a reference to the provision of the House Code of Conduct or law, rule, regulation or other standard of conduct alleged to have been violated. A copy of the statement shall also be transmitted to the Speaker. b. Collateral Proceedings. Should the complaint against a Member or officer of the House have been the subject of action before any other body, the panel or Special Master may forward the complaint directly to a hearing pursuant to subsection (d) of this Rule. (d) Hearing. (1) Select Committee on Standards of Official Conduct. Upon receipt by the Speaker of a Statement of Alleged Violation, he shall appoint, within twenty (20) days, a Select Committee on Standards of Official Conduct (the select committee) to hold hearings regarding the statement and make a recommendation for disciplinary action to the full House. Upon the receipt by the Speaker of a complaint and findings by the Commission on Ethics regarding a Member of the House, he shall appoint, within twenty (20) days, a Select Committee on Standards of Official Conduct to hold hearings regarding the finding and make a recommendation for disciplinary action to the full House. (2) Hearing. A hearing regarding a violation charged in a Statement of Alleged Violation or in a complaint and findings by the Commission on Ethics shall be held promptly to receive evidence upon which to base findings of fact and recommendations, if any, to the House respecting such violation. The hearing before the select committee shall be subject to Rule 6.25. 92 JOURNAL OF THE HOUSE a. Chairman. The chairman of the select committee or other member presiding at a hearing shall rule upon any question of admissibility of testimony or evidence presented to the select committee. Rulings shall be final unless reversed or modified by a majority vote of the members of the select committee who are present. Should the select committee appoint a referee pursuant to subsection (i) of this Rule, the referee shall make all evidentiary rulings. b. Referee. The select committee shall serve as referee for all proceedings under these Rules, unless the select committee retains an independent referee pursuant to subsection (i) of this Rule. c. Prosecutor. The select committee's staff shall serve as prosecutor in all proceedings conducted under these Rules unless the select committee retains independent counsel pursuant to subsection (j) of this Rule. d. Respondent's Rights. The respondent shall have the right to be represented by legal counsel, to call witnesses, to introduce exhibits, and to cross-examine opposing witnesses. The respondent or respondent's counsel shall be permitted to take the deposition of the complainant in accordance with paragraph (d)(3)a.3. e. Complainant's Rights. The complaining witness is not a party to these proceedings. The complaining witness has no standing to challenge these Rules or procedures and has no right to appeal. The complainant may submit a list of witnesses or questions for the select committee's consideration to assist in its preparation for the hearing. (3) Procedures. a. Procedure and Evidence. 1. Procedure. The select committee may adopt rules of procedure as appropriate to its needs. 2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. However, hearsay evidence may not be used unless same would be admissible under the Florida Rules of Evidence and it shall not be sufficient in itself to support a factual finding unless it would be admissible over objection in civil actions. 3. Discovery. Discovery may be permitted upon motion, which shall state the reason therefore. Discovery shall be in accordance with the Florida Rules of Civil Procedure, but may be limited in time, scope and method by the chairman or the referee. 4. Testimony. The select committee may order the testimony of witnesses to be taken under oath, in which event the oath may be administered by the chairman or a member of the select committee, by any referee appointed pursuant to subsection (i) of this Rule, or by any person authorized by law to administer oaths. 5. Subpoenas. The select committee may require, by subpoena issued pursuant to these Rules or otherwise, the attendance and testimony of witnesses and the production of such books, records, correspondence, memoranda, papers, documents, and other items as it deems necessary to the conduct of the inquiry. b. Order of Hearing. The order of the full hearing before the select committee or the referee shall be as follows: 1. The chairman or the referee shall open the hearing by stating the select committee's authority to conduct the hearing, the purpose of the hearing, and its scope. 2. Testimony from witnesses and other evidence pertinent to the subject of the hearing shall be received in the following order whenever possible: (i) witnesses and other evidence offered by the select committee's staff or the independent counsel; (ii) witnesses and other evidence offered by the respondent; and (iii) rebuttal witnesses. (The select committee may call witnesses at any time during the proceedings.) 3. Witnesses at the hearing shall be examined first by the select committee's staff or the independent counsel. The respondent or the respondent's counsel may then cross-examine the witnesses. The members of the select committee may then question the witnesses. Redirect and recross may be permitted in the chairman's or the referee's discretion. With respect to witnesses offered by the respondent, a witness shall be examined first by the respondent or the respondent's counsel, and then may be cross- examined by select committee's staff or the independent counsel. Members of the select committee may then question the witness. Redirect and recross may be permitted in the chairman's or the referee's discretion. (Participation by the select committee at the hearing stage is at the sole discretion of the select committee and is not mandatory.) I1 E OF REPRESENTATIVES February 8, 1994 (4) Burden of Proof. At the hearing, the burden of proof rests on the select committee's staff or the appointed independent counsel to establish the facts alleged by clear and convincing evidence with respect to each count. (e) Committee Recommended Order. (1) Committee Deliberations. As soon as practicable, the select committee shall consider each count contained in a statement of alleged violation or in a complaint and findings, as the case may be. A count shall not be proven unless at least a majority of the select committee votes for a motion that the count has been proved. A count that is not proved shall be considered as dismissed by the select committee. (2) Dismissal of Complaint. After the hearing, the select committee shall, in writing, state its findings of fact. If the select committee finds that the respondent has not violated any of the provisions of the House Code of Conduct, or a law, rule, regulation or other standard of conduct, it shall order the action dismissed and shall notify the respondent and the complainant of such action. (3) Recommended Order. a. Recommended Order. If the select committee finds that the respondent has violated any of the provisions of the House Code of Conduct, or a law, rule, regulation, or other standard of conduct, it shall, in writing, state its findings of fact and submit a report to the House. A copy of the report shall be sent to the respondent and the complainant and shall be published in the House Journal. b. Penalty. With respect to any violation with which a Member or officer of the House is charged in a count that the select committee has voted as proved, the select committee may recommend to the House that the Member or officer be fined, censured, reprimanded, placed on probation or expelled, as appropriate, or may recommend such other penalty as may be appropriate. (f) Proposed Recommended Order. (1) Referee. When a hearing is conducted by referee, as provided in subsection (i) of this Rule, the referee shall prepare a proposed recommended order and file it, together with the record of the hearing, with the select committee. Copies of the proposed recommended order shall be served on all parties. (2) Proposed Recommended Order. The proposed recommended order will contain the time and place of the hearing, appearances entered at the hearing, issues, and proposed findings of fact and conclusions of law. (3) Exceptions. The respondent and the independent counsel may file written exceptions with the select committee in response to a referee's recommended order. Exceptions shall be filed within twenty (20) days after service of the recommended order unless such time is extended by the referee or the chairman of the select committee. (4) Recommended Order. The select committee shall deliberate and render a recommended order pursuant to the provisions of subsection (e) of this Rule. (g) Consent Decrees. At any stage of the proceedings, the respondent and the select committee may agree to a consent decree. The consent decree shall state findings of fact and shall be published in the House Journal. The consent decree shall contain such penalty as may be appropriate. Should the House accept the consent decree, the complaint pursuant to these proceedings shall be resolved. Should the House not accept the consent decree, the proceedings before the select committee shall resume. (h) Confidentiality. Any material provided to the Chairman of the Rules & Calendar Committee, the Probable Cause Panel or Special Master, or the Select Committee on Standards of Official Conduct which is confidential under applicable law shall remain confidential and shall not be disclosed except as authorized by applicable law. Except as otherwise provided in this section, a complaint and the records relating to a complaint shall be available for public inspection upon the dismissal of a complaint by the Chairman of the Committee on Rules & Calendar, a determination as to probable cause with respect to a complaint by a Special Master or panel, or the receipt by the Speaker of a request in writing from the respondent that the complaint and other records relating to the complaint be made public records. (i) Referee. The Select Committee on Standards of Official Conduct may, in its discretion and with the approval of the Speaker, employ a referee to preside over the proceedings, to hear testimony, and to make findings of fact and recommendations to the select committee concerning the disposition of complaints. JOURNAL OF THE HOUSI (j) Independent Counsel. The Select Committee on Standards of Official Conduct is authorized to retain and compensate counsel not regularly employed by the House, as authorized by the Speaker. (k) Attorney's Fees. When a Probable Cause Panel or a Special Master finds that probable cause does not exist or the select committee finds that the respondent has not violated any of the provisions of the House Code of Conduct or a law, rule, regulation or other standard of conduct, the panel or Special Master or the select committee may recommend to the Speaker that the reasonable attorney's fees and costs incurred by the respondent be paid by the House. Payment of such reasonable fees and costs shall be subject to the approval of the Speaker. (1) Eligibility. (1) Speaker of the House. In the event that any allegation considered or referred to the Chairman of the Rules & Calendar Committee or to the Select Committee on Standards of Official Conduct involves the conduct or activities of the Speaker, the duties of the Speaker pursuant to this Rule shall be transferred to the Chairman of the Rules & Calendar Committee. The duties of the Chairman of the Rules & Calendar Committee under this Rule shall be transferred to the Vice Chairman of the Rules & Calendar Committee when the duties of the Speaker pursuant to this Rule are transferred to the Chairman of the Rules & Calendar Committee. (2) Rules & Calendar Committee Chairman. In the event that any allegation considered or referred to the Chairman of the Rules & Calendar Committee involves the conduct or activities of the chairman of such committee, the duties of the chairman pursuant to these Rules shall be transferred to the Vice Chairman of the Rules & Calendar Committee. (m) Collateral Actions. (1) Criminal Actions. Any criminal complaints relating to Members shall be governed by Rules 5.21, 5.22 and 5.23 of the Rules. (2) Commissions or Quasi-Judicial Agencies with Concurrent Jurisdiction. Should a complaint against a Member or an officer of the House be filed with a commission or quasi-judicial agency with concurrent jurisdiction, the Chairman of the Rules & Calendar Committee, a Probable Cause Panel or a Special Master, and the Select Committee on Standards of Official Conduct shall have the discretion to refrain from processing a similar complaint until such commission or quasi-judicial agency has completed its review of the matter. Should such a complaint be filed initially with the Chairman of the Rules & Calendar Committee and subsequently filed with a commission or quasi-judicial agency with concurrent jurisdiction, the Chairman of the Rules & Calendar Committee, the panel or Special Master, and the select committee shall have the discretion to suspend their proceedings until such commissions or agencies have completed their review of the matter. (n) Ex Parte Communications. (1) A Special Master or a member of a Probable Cause Panel or of a Select Committee on Standards of Official Conduct shall not initiate or consider any ex parte communication relative to the merits of a pending complaint proceeding by: a. any person engaged in prosecution or advocacy in connection with the matter; or b. a party to the proceeding or any person who, directly or indirectly, would have a substantial interest in the action of the panel, Special Master or select committee, or their authorized representatives or counsel. (2) Except when acting within their official capacity as a Special Master or as a member of a panel or select committee, a Special Master or a member of a Probable Cause Panel or of a Select Committee on Standards of Official Conduct shall not comment upon or discuss with any other person the matters which occasioned the appointment of the Special Master, panel or select committee during the pendency of proceedings held pursuant to this Rule before the Special Master, panel or select committee. This section shall not apply to communications initiated or considered by the Special Master or the chairman of the panel or select committee relating to a settlement pursuant to section (c)(2)a.3. of this Rule or to a consent decree authorized pursuant to section (g) of this Rule. (o) Time Limitations. (1) On or after the effective date of these Rules, all sworn complaints alleging violations of the House Code of Conduct, shall be filed with the Chairman of the Rules & Calendar Committee within two (2) years of the alleged violation. (2) A violation of the House Code of Conduct is committed when every element of the Rule has occurred and time starts to run on the day after the violation occurred. February 8, 1994 E OF REPRESENTATIVES 93 (3) The applicable period of limitation is tolled on the day a sworn complaint against the Member or officer is filed with the Chairman of the Rules & Calendar Committee. If it can be concluded from the face of the complaint that the applicable period of limitation has run, the allegations shall not be considered a complaint for the purpose of requiring action by the Chairman of the Rules & Calendar Committee. The complaint and all material related thereto shall remain confidential. 5.20-Penalties for Violations Separately from any prosecutions or penalties otherwise provided by law, any Member of the House determined to have violated the foregoing requirements of this Rule shall be fined, censured, reprimanded, placed on probation or expelled. Such determination and disciplinary action shall be taken by a two-thirds vote of the House, except that expulsions shall require two-thirds vote of the membership, upon recommendation of the select committee so designated under Rule 5.19. 5.21-Felony Indictment or Information of Member (a) If an indictment or information for a felony, which relates to the Member's responsibility as a public officer, is filed against a Member of the House, the Member indicted or informed against may request the Speaker to excuse the Member, without pay, from all privileges of membership of the House pending final adjudication. (b) If the indictment or information is either nolle pressed or dismissed, or if the Member is found not guilty of the felonies charged, which relate to the Member's responsibility as a public officer, or lesser included felonies, which relate to the Member's responsibility as a public officer, then that Member shall be paid all back pay and other benefits retroactive to the date the Member was excused. 5.22-Felony Guilty Plea of a Member A Member who enters a plea of guilty or nolo contender (no contest) to a felony, which relates to the Member's responsibility as a public officer, shall be suspended immediately, without a hearing, without pay, from all privileges of membership of the House through the remainder of that Member's term. 5.23-Felony Conviction of a Member A Member convicted of a felony, which relates to the Member's responsibility as a public officer, shall be suspended immediately, without a hearing, without pay, from all privileges of membership of the House pending appellate action or the end of that Member's term whichever occurs first. If the final appellate decision is to sustain the conviction on a felony, which relates to the Member's responsibility as a public officer, then that Member's suspension shall continue to the end of that Member's term; if the final appellate decision is to vacate the conviction and there is a rehearing, the Member shall be subject to Rule 5.21; if the final appellate decision is to vacate the conviction and no felony charges, which relate to the Member's responsibility as a public officer, remain against that Member, that Member shall be entitled to restitution of back pay and other benefits retroactive to the date of suspension. 5.24-Transition from Office A Member of the House who will not be a Member at the next ensuing regular session of the legislature because of failure to be re-elected at the general election shall be entitled to a two-week transition period in which to close out the duties of his office. The transition period shall begin at the expiration of a Member's term. A former Member shall not be entitled to salary during the transition period, but shall receive a pro rata portion of the statutory monthly intradistrict expense entitlement for Members of the legislature. A former Member's staff shall be entitled to a pro rata salary during such period, provided said staff performs all transitional duties assigned by the former Member. A former Member desiring transitional funds shall submit a request in writing to the Clerk of the House for the expenditure of such funds. Transitional funds provided pursuant to this Rule shall be from House funds, the expenditure of which shall be considered for a public purpose. 5.25-Open Meetings Subject to order and decorum, each Member of the House shall provide reasonable access to members of the public to any meeting between such Member and two or more other Members of the House or of the Senate, if such members of the public have requested admission and such meeting has been prearranged for the purpose of agreeing to take formal legislative JOURNAL OF THE HOUSE OF REPRESENTATIVES 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 chamber of either the House or the Senate while such body is in session shall be considered to be held at a location providing reasonable access to, and to be reasonably open to, the public. Where the number of persons must be limited because of space considerations or otherwise for the maintenance of order or decorum, at least one representative each of the print media, radio, and television shall be included among the members of the public admitted, if such persons have requested admission. For the purpose of this Rule, Rule 2.7, and as used in Article III, Section 4 of the State Constitution, legislation shall be considered pending if filed with the Clerk of the House and an amendment shall be considered pending if it has been delivered to the secretary of a committee in which the legislation is pending or to the Clerk of the House if the amendment is to a bill which has been reported favorably by each committee of reference and the term "formal legislative action" shall include any vote of the House or Senate, or of a committee, or subcommittee on final passage or on a motion other than a motion to adjourn or recess. 5.26-Requests by a Member that the Speaker or Chairman of the Committee on Appropriations Advise the Appropriate Executive or Judicial Branch Entity that a Budget Action is Contrary to Legislative Intent Any Member may request in writing that the Speaker and the Chairman of the Committee on Appropriations initiate the procedures of s. 216.177(1)(b), Florida Statutes, whenever the Member believes that a budget action or proposed budget action subject to the notice and review requirements of chapter 216, Florida Statutes, exceeds the delegated authority of the Executive Office of the Governor for the Executive Branch, the Chief Justice of the Supreme Court for the Judicial Branch, or the Administration Commission, respectively, or is contrary to legislative policy and intent. Upon the receipt of such written request, the chairman shall promptly determine whether the budget action or proposed budget action exceeds the delegated authority of the Executive Office of the Governor for the Executive Branch, the Chief Justice of the Supreme Court for the Judicial Branch, or the Administration Commission, respectively, or is contrary to legislative policy and intent. The chairman shall promptly notify the Speaker and the Member of his findings and any proposed course of action under chapter 216, Florida Statutes. Rule Six Standing and Select Committees and Subcommittees 6.1-Standing Committees The Speaker shall, beginning with the Organization Session, appoint the members of the following standing committees: Aging & Human Services Agriculture & Consumer Services Appropriations Business & Professional Regulation Commerce Community Affairs Corrections Criminal Justice Education Employee & Management Relations Ethics & Elections Finance & Taxation Governmental Operations Health Care Higher Education Insurance Judiciary Natural Resources Regulated Industries Rules & Calendar Tourism & Economic Development Transportation He shall give notice of such establishment and appointment in writing to the Clerk of the House for publication in an Interim Calendar and the Session Journal. 6.2-Subcommittees The Speaker shall establish standing subcommittees and appoint their members. He shall give notice of such establishment and appointment in writing to the Clerk of the House for publication in the Interim Calendar and the Session Journal. He shall consult the chairmen of the parent committees regarding appointment of subcommittees. 6.3-Committees Other Than Standing The Speaker shall, in his discretion or as authorized by the House, create and appoint select committees, designating the chairmen and vice chairmen thereof. Select committees may introduce or receive by reference legislation only if clothed by the House with this power. Select committees shall be subject to the rules of standing committees. Organization of Committees 6.4-Number of Members; ex officio Members All standing committees shall consist of not less than five nor more than thirty-three members, except that the Committee on Appropriations may have a maximum of thirty-eight members. The Speaker pro tempore or, when designated by the Speaker, the Majority Leader shall, ex officio, be an additional voting member of each standing committee. However, for the purpose of quorum, an ex officio member shall not be included in the membership of a committee. 6.5-Grouping of Standing Committees The Speaker shall group the standing committees, with the exception of the Committee on Rules & Calendar, in such manner as to provide each with an opportunity to meet without conflict of its members with the meetings of other standing committees to which they have been appointed. 6.6-Days and Hours Reserved for Meetings The Speaker shall, for the first twenty calendar days of a regular session, reserve the days and hours for the regular meetings of each standing committee. After the first twenty days, the Committee on Rules & Calendar shall provide, as need appears, a schedule of days and hours for committee meetings for the remainder of the session. 6.7-Meetings During Extended and Special Sessions During extended and special sessions, committees shall meet at the call of chairmen as business requires. Presiding Officers 6.8-Officers of Committees The Speaker shall designate one member of each standing or select committee as chairman and another as vice chairman. 6.9-Authority of Vice Chairman In the event of the death, incapacity, or resignation of a chairman, the vice chairman shall perform the necessary duties of the office until the Speaker names a successor to the chairman. 6.10-Temporary Presiding Officer In the absence of the chairman and vice chairman from a scheduled meeting, the Speaker may designate one of the remaining members as the temporary presiding officer. 6.11-Removal of Chairman A committee chairman may be removed at any time by the Speaker for cause or pursuant to the following procedure: (a) A petition requesting removal is to be signed by two-thirds of the members, exclusive of the chairman, of that standing committee. (b) Upon a member or members drawing a petition for circulation to members of a committee, a copy of such petition shall be first provided to the chairman of the committee as notification of intent to seek removal prior to soliciting or obtaining any member's signature. (c) The Speaker shall announce receipt of the petition to the House. (d) No sooner than seventy-two hours after such announcement, unless a sufficient number of committee members by affidavit withdraw their signatures from the petition so that the two-thirds number of the required members is lost, the Speaker shall put the question of removal of the chairman to the full House. 94 February 8, 1994 JOURNAL OF THE HOUSI (e) If a majority of the House shall vote to remove a chairman following such petition, the Speaker shall immediately remove said chairman and shall appoint a different chairman as soon as practicable. (f) Removal by committee petition shall be available only once by such committee in any regular session. 6.12-Chairman's Authority; Appeals The chairman shall sign all notices, vouchers, subpoenas or reports required or permitted by these Rules. He shall decide all questions of order, subject to an appeal by any committee member, and the appeal shall be certified by the chairman to the House for a decision by the Speaker during the daily session of the House next following such certification. The ruling shall be entered in the Journal, shall constitute binding precedent on all committees of the House, and shall be subject to appeal as any other question. The chairman may, or on the vote of a majority of the committee members present shall, certify a question of parliamentary procedure to the Speaker as contemplated by the Rule without a formal appeal. Such a certified question shall be disposed of by the Speaker as if it had been on appeal. The certification of an appeal or of a question of parliamentary procedure pursuant to this Rule shall not constitute an automatic stay to further legislative action on the measure under consideration. Meetings of Committees 6.13-Meetings of Standing and Select Committees and Subcommittees Standing and select committees and subcommittees shall meet at the call of the chairman or, in his absence, the vice chairman or temporary presiding officer, or by three or more members who shall give notice in writing as otherwise required. 6.14-Notice to the Public Committees shall regularly meet in the room assigned for their use by the Sergeant at Arms, and notice of such assignment shall be posted permanently on a bulletin board provided for this purpose in the public corridor leading into the Chamber of the House. 6.15-Evening Meetings The committee chairman may arrange with the Sergeant at Arms for evening or other special meetings; provided, however, that no committee meeting shall last beyond 10:00 p.m. unless granted special leave by the Speaker to do so. 6.16-Committees Meeting During House Session No committee shall meet while the House is in session without special leave, except the Committee on Rules & Calendar and conference committees. 6.17-Consideration of Bills, Including Proposed Committee Bills The chairman or, in his absence, the vice chairman or temporary presiding officer, of any standing committee or subcommittee or a select committee which the House has clothed with the power of a standing committee, except conference committees, shall give prior notice in writing of the intention to take up any bill or proposed bill. Except when sitting as a committee considering the substance of legislation, the Committee on Rules & Calendar shall be exempt from this requirement. Proposed committee bills (PCBs) shall be treated as other bills in meeting the requirements for notice. (See: Rules 6.18, 6.19, 6.20) The committee staff director or committee secretary shall provide a copy of any PCB to each committee member no later than the time of posting of notice/agenda and make copies of PCBs available upon request to other Members of the Legislature and to the general public. Delivery to committee members shall be by mail during the interim and to House offices when the House is in session. A PCB taken up without the committee conforming to this Rule shall be regarded as being considered in workshop session only with final action carried over to a future meeting of the committee at which the above stated requirements have been met. 6.18-Time Required for Advance Notice During the first forty-five calendar days of a regular session, the prior notice shall be given two days (excluding Saturday and Sunday) in advance of the meeting. If the notice is given by 4:30 p.m., a bill or proposed bill may be heard at any time on the second succeeding day. After the forty- fifth calendar day and during any extended or special session, the notice shall be given two hours in advance of the proposed meeting. February 8, 1994 E OF REPRESENTATIVES 95 6.19-Nature and Distribution of Notice A notice shall include a listing and sufficient title for identification of any and all bills or proposed bills to be considered either by a committee or subcommittee, including those bills in reports of subcommittees to a parent committee and bills pending on reconsideration. A notice shall state the date, time and place of meeting and be given to the Clerk of the House, the Sergeant at Arms, the sponsor, the members of the committee, and any Member who has given the chairman timely written notice of his desire to be notified on a specific bill. The Sergeant at Arms, in receipting for notices, shall show the day and hour of receipt. Whenever timely, the Clerk shall enter notices in the Calendar. 6.20-Notices of Meetings Between Sessions Before any committee holds a meeting for the purpose of considering a profiled bill or proposed committee bill (PCB) during the period when the Legislature is not in session, a notice of such meeting shall be filed with the Clerk and the Sergeant at Arms no later than fourteen calendar days before the Friday preceding the week of the meeting. If no meeting is planned, a notice stating that no meeting will be held shall be filed. The committee secretary separately shall send copies of notice to the members of the committee, the first named sponsor of the bill and to such other sponsors and persons who have requested notice. 6.21-Unfavorable Report Without Required Notice Any bill reported unfavorably without the required notice and the opportunity to be heard having been given the sponsor, shall be recommitted to the committee reporting the same upon a point of order having been made within three legislative days after such report has been printed in the Journal. This privilege shall also extend to any Member, not a sponsor, who has given the chairman timely written notice of his desire to be notified on a specific bill. The committee to which the bill is recommitted shall proceed to reconsider the bill and report as if originally referred. 6.22-Attendance Upon Meetings Required A member shall be expected to attend all meetings of committees to which appointed, unless excused by the chairman or the Speaker, as provided in Rule 5.2. Excuse from House session shall constitute excuse from that day's committee meetings. Failure to attend two consecutive meetings, unless excused, shall constitute automatic withdrawal from the committee and create a vacancy. Upon notification by the chairman of the committee, the Speaker shall make an appointment to such vacancy. 6.23-Continuation of Recessed Meetings on Same Day A committee may continue the consideration of properly noticed legislation after the expiration of the time set for the meeting if a majority of the committee members present agree to temporarily recess to continue the meeting at a time and place certain on the same day. 6.24-Reconsideration in Committee Rules of the House shall govern proceedings in committee insofar as these are applicable except that a motion for reconsideration shall be treated in the following manner: (a) When a question has been decided by a committee, any member voting with the prevailing side or any member, when the vote was a tie or by voice, may move for reconsideration instanter or leave the motion pending. By a two-thirds vote, the committee may take up for immediate disposition any motion to reconsider left pending. The motion to reconsider may be made at any time during the same meeting prior to the adoption of a motion to rise or to the committee's rising without motion upon the time of adjournment having arrived. (b) A motion to reconsider having been made and left pending, the motion shall be a special and continuing order of business for the next succeeding committee meeting and, unless considered at that meeting on the request of any member of the committee, shall be deemed abandoned and the committee secretary shall forthwith report the bill to the Clerk of the House. (c) A motion to reconsider a collateral matter must be disposed of during the course of consideration of the main subject to which it is related. (d) If the committee shall refuse to reconsider or, upon reconsideration, shall confirm its prior decision, no further motion to reconsider shall be in order except upon unanimous consent of the committee members present. (e) During the last five legislative days of a regular session or at any time during an extended or special session, the motion to reconsider shall be disposed of when made. JOURNAL OF THE HOUSE OF REPRESENTATIVES (f) If no motion is made at the meeting when a bill has been considered and decided, the committee secretary shall forthwith report the bill to the Clerk of the House. 6.25-Open Meetings All meetings of all committees shall be open to the public at all times, subject always to the authority of the presiding officer to maintain order and decorum, except that where necessary for the protection of a witness and with the concurrence of the Speaker, a chairman may close a committee meeting, or portion thereof, and the record of such meeting shall not disclose the identity of the witness appearing before the committee. 6.26-Unfavorable Reports A bill reported unfavorably to the Clerk of the House shall be laid upon the table. A bill may be taken from the table upon the motion of any Member, adopted by a two-thirds vote of the Members present, after debate not to exceed six minutes evenly divided between proponents and opponents of the motion. 6.27-Authority Over Subcommittees Each subcommittee is a part of its parent committee, and shall be subject to the authority and direction of that committee. The parent committee may, by the vote of a majority of its members, withdraw a bill referred to a subcommittee at any time prior to a report having been voted by the subcommittee. 6.28-Reference of Bills to Subcommittees The chairman of a standing committee, upon receipt of a bill from the Clerk of the House, shall either refer the bill to a subcommittee or agenda the bill for a meeting of the standing committee. In either event, the chairman shall concurrently notify the Clerk of the House of the action on forms provided for that report. 6.29-Deleted as obsolete November 20, 1990 Voting in Committee 6.30-Voting in Committee A majority of the members present of a committee or subcommittee, a quorum having been established, shall agree by their recorded votes upon the disposition of any bill or other matter considered by the committee or subcommittee. (Constitution: Article III, Section 4(c)-"In any legislative committee or subcommittee, the vote of each member voting on the final passage of any legislation pending before the committee, and upon the request of any two members of the committee or subcommittee, the vote of each member on any other question, shall be recorded.") 6.31-Proxy Voting Prohibited No member of a committee or subcommittee shall be allowed under any circumstance to vote by proxy. Absent members may have recorded an indication of how they would have voted if present but this shall not be counted on a roll call. 6.32-Quorum Required; Reports by Poll Prohibited No committee or subcommittee shall file a report unless the committee or subcommittee has met at an authorized time and place, with a quorum present. If any matter is reported on the basis of a poll, such matter shall be recommitted by the Speaker or chairman to the committee or subcommittee upon a point of order. Committee Reports 6.33-Deleted November 18, 1980 6.34-Nature and Contents of Reports It shall be the duty of committees to report bills either favorably, favorably with committee amendmentss, favorably with committee substitute, or unfavorably, but never "without recommendation." A motion to lay a bill "on the table" shall be construed as a motion to report the pending bill unfavorably. Each report of a committee shall contain the action of the committee on the bill being transmitted, together with a Committee Information Record stating (a) the time and place of the meeting at which the action was taken, (b) the name and address of each person addressing the committee relative to the measure and, if any agent, the interest represented, and (c) the vote of each member of the committee on the motion to report each bill. Each report by a committee shall set forth the identifying number of the bill and, if amendments are proposed by the committee, the words "with (number of) amendments" shall follow the identifying number. For the purpose of documentation, committees shall retain copies of committee reports and amendments adopted, rejected, or withdrawn with the committee action noted thereon. After the committee report has been filed with the Clerk of the House as provided in these Rules, he shall preserve the Committee Information Record for the convenient inspection by the public during the legislative session and afterwards deliver it to the Secretary of State. 6.35-Where Delivered Committee reports, either favorable or unfavorable, shall be delivered to the Clerk of the House at a designated place in the office of the Clerk no later than 12:00 noon of a legislative day. Reports delivered after 12:00 noon shall be considered delivered on the next legislative day. The original bill(s) must accompany the report. 6.36-How Authenticated A committee report shall be signed by the chairman or, in his absence, the vice chairman or temporary presiding officer, using forms prescribed by the Clerk of the House. 6.37-Placement on Calendar Bills reported favorably by all committees of reference shall be placed by the Clerk of the House on the Calendar in numerical order at the appropriate reading. 6.38-Journal Entry As bills are reported, the identifying number of a bill together with the action of the committee, whether favorable, unfavorable, favorable with (number of) amendmentss, or favorable with substitute, shall be entered in the Journal. 6.39-Committee Amendments Committee amendments shall be produced on computer on the prescribed forms in accordance with the requirements of the Clerk, numbered serially with any title amendment last, and securely attached to the bill. 6.40-Committee Substitutes A committee, in reporting a bill, may draft a new bill embracing the same general subject matter, to be returned to the Clerk of the House in the same manner as the favorable reporting of any other bill. The substitute bill, signed by the chairman or, in his absence, the vice chairman or temporary presiding officer, shall carry the identifying numbers) of the original bill(s) and shall be returned to the Clerk of the House in the same number of copies required for first introduction of a bill. Upon the filing of such report, the original bill(s) shall be laid on the table of the House. Any other committee of reference shall direct its attention to the substitute bill. The sponsors) of the original bill(s) shall be shown by the committee secretary as a co-sponsor of the substitute unless he notifies the committee secretary in writing that he wishes to withdraw as a co-sponsor. If all sponsors of the original bill request to withdraw as a co-sponsor, the committee substitute shall not be delivered to or accepted by the Clerk for introduction, unless another member consents to his designation as a co- sponsor, and the original bill shall be reported "unfavorably" in accordance with Rule 6.34. Publication in the Journal of a committee substitute title with sponsors shall constitute first reading in the same manner as Introduction and Reference. 6.41-Substitute for Senate Bill When a committee rewrites a Senate bill which is referred to it, the bill shall be reported as an amendment striking everything after the enacting clause, together with an appropriate title amendment if needed. 6.42-Committee Bills; Designation of Co-sponsors A bill introduced by a committee shall be accompanied by a Committee Information Record. A committee, in introducing a committee bill, shall designate a Member or Members as co-sponsor(s) with the approval of said Member or Members. The bill will be shown by the Clerk of the House as having been introduced by the committee and the Member(s) so designated. If no Member consents to his designation as a co-sponsor, the bill shall not be delivered to or accepted by the Clerk for introduction. 6.43-Recommittal After a committee report has been received by the Clerk of the House, no bill shall be recommitted to any committee (except the Committee on Appropriations and the Committee on Finance & Taxation, as elsewhere provided) except by a two-thirds vote of the Members present. 96 February 8, 1994 JOURNAL OF THE HOUSE OF REPRESENTATIVES Subcommittees 6.44-Designation of Subcommittee Chairmen The chairmen of the parent committees shall designate the chairmen of the subcommittees except in the case of the Committee on Appropriations, whose subcommittee chairmen shall be appointed by the Speaker. 6.45-Temporary Presiding Officer In the absence of the chairman of a subcommittee from a scheduled meeting of the subcommittee, the chairman of the parent committee or a member of the subcommittee designated by the chairman of the parent committee shall serve as the temporary presiding officer. The chairman of the parent committee may delegate to the chairman of the subcommittee the authority to appoint a member of the subcommittee as the temporary presiding officer. 6.46-Recording Secretary The chairman of the parent committee, in consultation with the staff director, shall designate a staff person to serve as the recorder for subcommittees, and that person shall have the responsibility for the keeping of the necessary records and reports of the subcommittee. 6.47-Membership No subcommittee shall have fewer than five members. A majority shall constitute a quorum. Any bill reported in violation of this Rule shall be forthwith recommitted by the chairman of the parent committee or by the Speaker on point of order. The chairman of the parent committee shall, ex officio, be an additional voting member of each subcommittee at the chairman's pleasure. However, for the purpose of quorum, the committee chairman shall not be included in the membership of a subcommittee. 6.48-Rules Binding on Subcommittees Rules governing standing committees, as to notice of hearing, attendance of subcommittee members, and requirements for the consideration of bills, shall be binding upon subcommittees. 6.49-Reconsideration in Subcommittee A motion for reconsideration shall be treated in the following manner: (a) When a question has been decided by a subcommittee, any member voting with the prevailing side or any member, when the vote was a tie or by voice, may move for reconsideration instanter or leave the motion pending. By a two-thirds vote, the subcommittee may take up for immediate disposition any motion to reconsider left pending. The motion to reconsider may be made at any time during the same meeting prior to the adoption of a motion to rise or to the subcommittee's rising without motion upon the time of adjournment having arrived. (b) A motion to reconsider having been made and left pending, the motion shall be a special and continuing order of business for the next succeeding subcommittee meeting and, unless considered at that meeting on the request of any member of the subcommittee, shall be deemed abandoned and the subcommittee secretary shall forthwith report the bill and the action to the parent committee. (c) A motion to reconsider a collateral matter must be disposed of during the course of consideration of the main subject to which it is related. (d) If the subcommittee shall refuse to reconsider or, upon reconsideration, shall confirm its prior decision, no further motion to reconsider shall be in order except upon unanimous consent of the subcommittee members present. (e) During the last five legislative days of a regular session or at any time during an extended or special session, the motion to reconsider shall be disposed of when made. (f) If no motion is made at the meeting when a bill has been considered and decided, the subcommittee secretary shall forthwith report the bill to the parent committee for its consideration. 6.50-Requirements for Reporting It shall be the duty of subcommittees, subject to Rule 6.53, to report action upon matters referred to them by the parent standing committee. A subcommittee shall report all bills either (1) favorably, (2) favorably with subcommittee amendmentss, (3) favorably with subcommittee substitute, or (4) unfavorably. A motion to lay a bill "on the table" shall be construed as a motion to report the bill unfavorably. All subcommittee reports shall be signed by the chairman or, in his absence, the temporary presiding officer, and shall be made on forms prescribed by the Clerk of the House. Subcommittee reports shall accompany the bill when transmitted to the parent committee and then to the Clerk of the House as a permanent record. 6.51-Information in Report Each report of a subcommittee must set forth the identifying number of the bill; and if amendments are proposed by the subcommittee, the words "with amendments" shall follow the identifying number. Subcommittee amendments shall be produced on computer on the prescribed forms, numbered serially with any title amendment last, and attached to the bill. Subcommittee reports shall also reflect (1) the time and place of the meeting at which the action was taken, (2) the name and address of each person addressing the subcommittee relative to the bill and, if an agent, the interest represented, and (3) the vote of each member of the subcommittee on the motion to report the bill. 6.52-Subcommittee Substitute A subcommittee may, in reporting a bill to the parent standing committee, draft a new bill, embracing the same general subject matter, to be returned to the parent standing committee with the recommendation that the substitute be considered in lieu of the original bill. The substitute bill must be accompanied by the original bill referred to the subcommittee and returned to the parent standing committee in the same manner as the favorable reporting of any other bill. 6.53-Consideration of Subcommittee Reports (a) A bill when reported by a subcommittee shall be transmitted to the parent committee. The chairman of the parent committee shall agenda the bill with the subcommittee report for a meeting of the parent committee consistent with time and notice requirements. Unfavorable Reports (b) A bill reported unfavorably by a subcommittee shall appear on the agenda for the next meeting of the parent committee following the unfavorable vote of the subcommittee, consistent with time and notice requirements. A bill reported unfavorably by a subcommittee shall be laid upon the table and shall be reported unfavorably to the Clerk following the next meeting of the parent committee after the unfavorable report of the subcommittee, unless a member of the parent committee, at such meeting, makes a motion, which shall be decided without debate, to take the bill from the table. A two-thirds majority vote of the membership of the parent committee shall be required to take the bill from the table. If the bill that previously had been reported unfavorably by a subcommittee is taken from the table, the parent committee shall take up the bill with debate limited to members of the committee and the sponsor. However, by a two-thirds majority vote of the members of the parent committee, the bill may receive a hearing de novo and witnesses shall be permitted to testify. Oversight 6.54-Oversight Role In order to assist the House in- (a) its analysis, appraisal, and evaluation of (1) the application, administration, execution, and effectiveness of the laws enacted by the Legislature, or (2) conditions and circumstances which may indicate the necessity or desirability of enacting new or additional legislation, and (b) its formulation, consideration, and enactment of such modifications of or changes in those laws, and of such additional legislation, as may be necessary or appropriate, -the various standing committees shall have oversight responsibilities. 6.55-Oversight Powers (a) Each standing or select committee or subcommittee is authorized to invite public officials and employees and private individuals to appear before the committee for the purpose of submitting information to it. (b) Each committee is authorized to maintain a continuous review of the work of the state agencies concerned with its subject area and the performance of the functions of government within each such subject area, and for this purpose to request reports from time to time, in such form as such committee shall designate, concerning the operation of any state agency and presenting any proposal or recommendation such agency may have with regard to existing laws or proposed legislation in its subject area. (c) In order to carry out its duties each standing or select committee or subcommittee is empowered with the right and authority to inspect and investigate the books, records, papers, documents, data, operation, and physical plant of any public agency in this state. February 8, 1994 97 JOURNAL OF THE HOUSE OF REPRESENTATIVES Issuance of Subpoena (d) In order to carry out its duties, each standing or select committee or subcommittee, whenever required, may compel by subpoena and other necessary process the attendance of witnesses before such committee or the taking of a deposition pursuant to Rule 6.56(h). With the approval of the standing or select committee or subcommittee, the chairman of the standing or select committee shall issue said process on behalf of the standing or select committee or subcommittee thereof, with the signature of the Speaker affixed. The chairman of a standing or select committee may also request that the Speaker authorize the issuance of a subpoena on behalf of a standing or select committee or subcommittee. The chairman or any other member of such committee may administer all oaths and affirmations in the manner prescribed by law to witnesses who shall appear before such committee for the purpose of testifying in any matter about which such committee may desire evidence. (e) Each standing or select committee or subcommittee, whenever required, may also compel by subpoena duces tecum the production of any books, letters, or other documentary evidence it may desire to examine in reference to any matter before it. With the approval of the standing or select committee or subcommittee, the chairman of the standing or select committee shall issue process on behalf of the standing or select committee or subcommittee thereof, with the signature of the Speaker affixed. The chairman of a standing or select committee may also request that the Speaker authorize the issuance of a subpoena on behalf of a standing or select committee or subcommittee. Contempt Proceedings (f) Either house may punish by fine or imprisonment any person not a Member who shall have been guilty of disorderly or contemptuous conduct in its presence or of a refusal to obey its lawful summons. A person shall be deemed in contempt if he: (1) Fails or refuses to appear in compliance with a subpoena or, having appeared fails or refuses to testify under oath or affirmation. (2) Fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book, paper or other document subpoenaed by or on behalf of such committee, or (3) Commits any other act or offense against such committee which, if committed against the Legislature or either house thereof, would constitute contempt. A standing or select committee or subcommittee may, by majority vote of all of its members, apply to the House for contempt citation. The application shall be considered as though the alleged contempt had been committed in or against the House itself. If such committee is meeting during the interim, its application shall be made to the circuit court pursuant to subsection (i)(8) of this Rule. A person guilty of contempt under the provision of this Rule shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days or both, or shall be subject to such other punishment as the House may, in the exercise of its inherent powers, impose prior to and in lieu of the imposition of the aforementioned penalty. (g) The sheriffs in the several counties shall make such service and execute all process or orders when required by standing or select committees or subcommittees. Sheriffs shall be paid as provided for in section 30.231, Florida Statutes. False Swearing (h) Whoever willfully affirms or swears falsely in regard to any material matter or |