Journal

of the

Florida
House of Representatives

Organization Session
November 19, 1996

of the
Seventy-eighth House
since Statehood in 1845

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

District
1. Parts of Escambia, Okaloosa, Santa Rosa
Jerrold "Jerry" Burroughs, Cantonment
2. Part of Escambia
Jerry Louis Maygarden, Pensacola
3. Part of Escambia
Buzz Ritchie, Pensacola
4. Parts of Escambia, Okaloosa, Santa Rosa
Jerry G. Melvin, Fort Walton Beach
5. Holmes, Washington and parts of Okaloosa,
Walton
Durell Peaden, Jr., Crestview
(Changed party affiliation from Democrat
to Republican on June 25, 1997)
6. Part of Bay
Scott W. Clemons, Panama City
7. Calhoun, Gulf, Jackson, Liberty and parts of
Bay, Gadsden, Leon, Walton
Jamey Westbrook, Bascom
8. Parts of Gadsden, Leon
Alfred J. "Al" Lawson, Jr., Tallahassee
9. Part of Leon
Marjorie R. Turnbull, Tallahassee
10. Franklin, Jefferson, Levy, Taylor, Wakulla
and parts of Alachua, Dixie, Gilchrist, Leon,
Marion
Janegale M. Boyd, Monticello
11. Columbia, Hamilton, Lafayette, Madison,
Suwannee and parts of Dixie, Gilchrist
Joseph R. "Randy" Mackey, Jr., Lake City
12. Baker, Bradford, Nassau, Union and part of
Duval
George A. Crady, Yulee
13. Parts of Clay, Duval
Stephen R. Wise, Jacksonville
14. Part of Duval
Anthony C. "Tony" Hill, Sr., Jacksonville
15. Part of Duval
Willye F Clayton Dennis, Jacksonville
16. Part of Duval
James B. "Jim" Fuller, Jacksonville
17. Part of Duval
James E. "Jim" King, Jr., Jacksonville
18. Parts of Duval, St. Johns
Joseph "Joe" Arnall, Jacksonville Beach

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

District

41. Parts of Lake, Orange, Osceola
Daniel Webster, Orlando
42. Parts of Lake, Marion, Sumter
Everett A. Kelly, Tavares
43. Citrus and parts of Hernando, Marion
Nancy Argenziano, Dunnellon
44. Parts of Hernando, Lake, Pasco, Polk,
Sumter
Jeff "Stabe" Stabins, Spring Hill
45. Parts of Hernando, Pasco
Mike Fasano, New Port Richey
46. Part of Pasco
Debra A. "Deb" Prewitt, New Port Richey
47. Parts of Hillsborough, Pinellas
Rob Wallace, Tampa
48. Parts of Hillsborough, Pinellas
R. Z. "Sandy" Safley, Clearwater
49. Part of Pinellas
Larry Crow, Palm Harbor
50. Part of Pinellas
John Morroni, Clearwater
51. Part of Pinellas
Mary Brennan, Pinellas Park
52. Part of Pinellas
Margo Fischer, St. Petersburg
53. Part of Pinellas
Lars A. Hafner, St. Petersburg
54. Part of Pinellas
Dennis L. Jones, D.C., Treasure Island
55. Parts of Manatee, Pinellas
Rudolph "Rudy" Bradley, St. Petersburg
56. Part of Hillsborough
Sandra L. "Sandy" Murman, Tampa
(Changed party affiliation from Democrat
to Republican on May 9, 1997)
57. Part of Hillsborough
Faye B. Culp, Tampa
58. Part of Hillsborough
Elvin L. Martinez, Tampa
59. Part of Hillsborough
Lesley "Les" Miller, Jr., Tampa
60. Part of Hillsborough
Victor D. Crist, Temple Terrace
61. Parts of Hillsborough, Pasco
Carl Littlefield, Dade City

62. Part of Hillsborough
Johnnie B. Byrd, Jr., Plant City
63. Part of Polk
Adam H. Putnam, Bartow
64. Part of Polk
Paula Bono Dockery, Lakeland
65. Part of Polk
Lori Edwards, Auburndale
66. Parts of Hillsborough, Polk
John Laurent, Bartow
67. Parts of Hillsborough, Manatee, Sarasota
Mark R. Ogles, Bradenton
68. Part of Manatee
Mark G. Flanagan, Bradenton
69. Part of Sarasota
Shirley Brown, Sarasota
70. Part of Sarasota
Lisa Carlton, Sarasota County
71. Parts of Charlotte, Sarasota
David I. "Dave" Bitner, Port Charlotte
72. DeSoto, Hardee and parts of Charlotte, Lee
Lindsay M. Harrington, Punta Gorda
73. Part of Lee
J. Keith Arnold, Fort Myers
74. Parts of Charlotte, Lee, Sarasota
Greg Gay, Cape Coral
75. Parts of Collier, Lee
Ralph L. Livingston, Fort Myers
76. Part of Collier
Burt L. Saunders, Naples
77. Glades, Hendry and parts of Collier,
Highlands
Joseph R. Spratt, LaBelle
78. Parts of Highlands, Martin, Okeechobee,
Palm Beach, St. Lucie
O. R. "Rick" Minton, Jr., Fort Pierce
79. Parts of Okeechobee, Osceola
Irlo "Bud" Bronson, Kissimmee
80. Parts of Indian River, St. Lucie
Charles W. "Charlie" Sembler II, Sebastian
81. Parts of Martin, St. Lucie
Kenneth P. "Ken" Pruitt, Port St. Lucie
82. Parts of Martin, Palm Beach
Tom Warner, Stuart
83. Part of Palm Beach
Sharon J. Merchant, Palm Beach Gardens

District

District

84. Part of Palm Beach
Addie L. Greene, Mangonia Park
85. Part of Palm Beach
Lois J. Frankel, West Palm Beach
86. Part of Palm Beach
Edward J. "Ed" Healey, West Palm Beach
87. Part of Palm Beach
William F. "Bill" Andrews, Delray Beach
88. Part of Palm Beach
Suzanne Jacobs, Delray Beach
89. Part of Palm Beach
Barry Silver, Boca Raton
90. Part of Broward
John C. Rayson, Pompano Beach
91. Parts of Broward, Palm Beach
Debby P. Sanderson, Fort Lauderdale
92. Part of Broward
Tracy Stafford, Wilton Manors
93. Part of Broward
Muriel "Mandy" Dawson-White, Fort
Lauderdale/Pompano Beach
94. Part of Broward
Josephus Eggelletion, Jr., Lauderdale Lakes
95. Part of Broward
Jack N. Tobin, Margate
96. Part of Broward
Stacy J. Ritter, Coral Springs
97. Part of Broward
Debbie Wasserman Schultz, Davie
98. Part of Broward
Steven W. Effman, Sunrise
99. Part of Broward
Anne Mackenzie, Fort Lauderdale
100. Part of Broward
Frederick "Fred" Lippman, Hollywood
101. Parts of Broward, Dade
Steven A. Geller, Pembroke Pines
102. Parts of Collier, Dade
Luis E. Rojas, Country Village
103. Part of Dade
Willie F. Logan, Opa-locka

104. Part of Dade
Kendrick B. Meek, Miami
105. Part of Dade
Sally A. Heyman, North Miami Beach
106. Part of Dade
Elaine Bloom, Miami Beach
107. Part of Dade
Bruno A. Barreiro, Miami Beach
108. Part of Dade
Beryl D. Roberts-Burke, Miami
109. Part of Dade
James Bush III, Miami
110. Part of Dade
Rodolfo "Rudy" Garcia, Jr., Hialeah
111. Part of Dade
Carlos L. Valdes, Miami
112. Part of Dade
J. Alex Villalobos, Miami
113. Part of Dade
Luis C. Morse, Miami
114. Part of Dade
Jorge Rodriguez-Chomat, Miami
115. Part of Dade
Alex Diaz de la Portilla, Westchester
116. Part of Dade
Annie Betancourt, Miami
117. Part of Dade
Carlos A. Lacasa, Miami
118. Part of Dade
Larcenia J. Bullard, Miami
119. Part of Dade
John F Cosgrove, Miami
120. Monroe and part of Dade
Deborah James "Debbie" Horan, Key West

OFFICERS OF THE HOUSE OF REPRESENTATIVES
Speaker-Daniel Webster Clerk of the House-John B. Phelps
Speaker pro tempore-Luis C. Morse Sergeant at Arms-Wayne Westmark

District

MEMBERS OF THE HOUSE OF REPRESENTATIVES

George Albright (R)
Ocala
District 24

Stan Bainter (R)
Eustis
District 25

Elaine Bloom (D)
Miami Beach
District 106

Bob Brooks (R)
Winter Park
District 35

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

Randy John Ball (R)
Mims
District 29

Janegale M. Boyd (D)
Monticello
District 10

Shirley Brown (D)
Sarasota
District 69

Nancy Argenziano (R)
Dunnellon
District 43

Bruno A. Barreiro (R)
Miami Beach
District 107

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

Larcenia J. Bullard (D)
Miami
District 118

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

Annie Betancourt (D)
Miami
District 116

Mary Brennan (D)
Pinellas Park
District 51

Jerrold "Jerry" Burroughs (R)
Cantonment
District 1

J. Keith Arnold (D)
Fort Myers
District 73

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

Irlo "Bud" Bronson (D)
Kissimmee
District 79

James Bush III (D)
Miami
District 109

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

Lisa Carlton (R)
Sarasota County
District 70

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

Scott W. Clemons (D)
Panama City
District 6

D. Lee Constantine (R)
Altamonte Springs
District 37

John F. Cosgrove (D)
Miami
District 119

George A. Crady (D)
Yulee
District 12

Victor D. Crist (R)
Temple Terrace
District 60

Faye B. Culp (R)
Tampa
District 57

Lori Edwards (D)
Auburndale
District 65

Margo Fischer (D)
St. Petersburg
District 52

Muriel "Mandy" Dawson-White (D)
Fort Lauderdale/Pompano Beach
District 93

Steven W. Effman (D)
Sunrise
District 98

Mark G. Flanagan (R)
Bradenton
District 68

Willye F. Clayton Dennis (D)
Jacksonville
District 15

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

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

Alex Diaz de la Portilla (R)
Westchester
District 115

Mike Fasano (R)
New Port Richey
District 45

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

Paula Bono Dockery (R)
Lakeland
District 64

Tom Feeney (R)
Oviedo
District 33

Howard E. Futch (R)
Melbourne Beach
District 30

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

Greg Gay (R)
Cape Coral
District 74

Steven A. Geller (D)
Pembroke Pines
District 101

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

Addie L. Greene (D)
Mangonia Park
District 84

Larry Crow (R)
Palm Harbor
District 49

'P r

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

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

Lindsay M. Harrington (R)
Punta Gorda
District 72

Suzanne Jacobs (D)
Delray Beach
District 88

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

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

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

Everett A. Kelly (D)
Tavares
District 42

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

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

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

Carlos A. Lacasa (R)
Miami
District 117

John Laurent (R)
Bartow
District 66

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

Carl Littlefield (R)
Dade City
District 61

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

Ralph L. Livingston (R)
Fort Myers
District 75

Elvin L. Martinez (D)
Tampa
District 58

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

Jerry Louis Maygarden (R)
Pensacola
District 2

Evelyn J. Lynn (R)
Ormond Beach
District 27

Kendrick B. Meek (D)
Miami
District 104

Anne Mackenzie (D)
Fort Lauderdale
District 99

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

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

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

John Morroni (R)
Clearwater
District 50

Luis C. Morse (R)
Miami
District 113

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

Mark R. Ogles (R)
Bradenton
District 67

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

Bill Posey (R)
Rockledge
District 32

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

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

Adam H. Putnam (R)
Bartow
District 63

John C. Rayson (D)
Pompano Beach
District 90

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

Stacy J. Ritter (D)
Coral Springs
District 96

Beryl D. Roberts-Burke (D) Jorge Rodriguez-Chomat (R)
Miami Miami
District 108 District 114

Luis E. Rojas (R)
Country Village
District 102

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

Debby P. Sanderson (R)
Fort Lauderdale
District 91

Burt L. Saunders (R)
Naples
District 76

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

Barry Silver (D)
Boca Raton
District 89

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

Buzz Ritchie (D)
Pensacola
District 3

Kelley R. Smith (D)
Palatka
District 21

Joseph R. Spratt (D)
LaBelle
District 77

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

Tracy Stafford (D)
Wilton Manors
District 92

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

Bill Sublette (R) John Thrasher (R)
Orlando Orange Park
District 40 District 19

Jack N. Tobin (D)
Margate
District 95

Allen Trovillion (R)
Winter Park
District 36

Marjorie R. Turnbull (D)
Tallahassee
District 9

Carlos L. Valdes (R)
Miami
District 111

Daniel Webster (R)
Orlando
District 41

J. Alex Villalobos (R)
Miami
District 112

Jamey Westbrook (D)
Bascom
District 7

Rob Wallace (R)
Tampa
District 47

Doug Wiles (D)
St. Augustine
District 20

Tom Warner (R)
Stuart
District 82

Stephen R. Wise (R)
Jacksonville
District 13

Debbie Wasserman Schultz (D)
Davie
District 97

Earl Ziebarth (R)
DeLand
District 26

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

The Journal OFTHE

House of Representatives

ORGANIZATION SESSION

Tuesday, November 19, 1996

Journal of the House of Representatives for the Organization Session of the 78th House since Statehood in 1845,
convened under the Constitution, begun and held at the Capitol in the City of Tallahassee in the State of Florida on
Tuesday, November 19, 1996, being the day fixed by the Constitution for the purpose.

The Honorable S. Curtis Kiser, former House Republican Leader and
temporary presiding officer, called the House to order at 10:00 a.m.
The following certified list of Members elected to the House of
Representatives was received:

State of Florida

Office of Secretary of State
I, Sandra B. Mortham, Secretary of State of the State of Florida, do
hereby certify that the following Members of the House of
Representatives were elected at the General Election held on the Fifth
day of November, A.D., 1996, as shown by the election returns on file in
this office:
HOUSE DISTRICT ELECTED MEMBERS
NUMBER
1-Jerrold Burroughs, Jr., Cantonment
2-Jerry Louis Maygarden, Pensacola
3-Buzz Ritchie, Pensacola
4-Jerry Melvin, Fort Walton Beach
5-Durell Peaden, Jr., Crestview
6-Scott W. Clemons, Panama City
7-Jamey Westbrook, Bascom
8-Alfred Lawson, Jr., Tallahassee
9-Marjorie Turnbull, Tallahassee
10-Janegale Boyd, Monticello
11-Joseph R. (Randy) Mackey, Lake City
12-George Crady, Yulee
13-Stephen R. Wise, Jacksonville
14-Anthony C. (Tony) Hill, Jacksonville
15-Willye F. Dennis, Jacksonville
16-James Fuller, Jacksonville
17-James E. "Jim" King, Jr., Jacksonville
18-Joe Arnall, Jacksonville Beach
19-John Thrasher, Orange Park
20-Douglass F. (Doug) Wiles, Saint Augustine
21-Kelley R. Smith, Palatka
22-Bob Casey, Gainesville
23-Cynthia Moore Chestnut, Gainesville
24-George Albright, Ocala
25-Stan Bainter, Eustis
26-Earl Ziebarth, Deland
27-Evelyn Lynn, Ormond Beach
28-Suzanne Kosmas, New Smyrna Beach
1

29-Randy Ball, Mims
30-Howard E. Futch, Melbourne Beach
31-Harry C. Goode, Jr., Melbourne
32-Bill Posey, Rockledge
33-Tom Feeney, Orlando
34-Bob Starks, Oviedo
35-Bob Brooks, Winter Park
36-Allen Trovillion, Winter Park
37-Lee Constantine, Altamonte Springs
38-Robert B. "Bob" Sindler, Apopka
39-Alzo J. Reddick, Orlando
40-Bill Sublette, Orlando
41-Daniel Webster, Winter Garden
42-Everett Kelly, Tavares
43-Nancy Argenziano, Dunnellon
44-Jeff Stabins, Spring Hill
45--Mike Fasano, New Port Richey
46-Debra A. Prewitt, New Port Richey
47-Rob Wallace, Tampa
48-R. Z. "Sandy" Safley, Palm Harbor
49-Larry Crow, Tarpon Springs
50-John Morroni, Clearwater
51-Mary Brennan, Pinellas Park
52-Margo Fischer, Saint Petersburg
53-Lars A. Hafner, Saint Petersburg
54-Dennis L. Jones, Seminole
55-Rudolph "Rudy" Bradley, Saint Petersburg
56-Sandra L. Murman, Tampa
57-Faye Culp, Tampa
58-Elvin L. Martinez, Tampa
59-Lesley "Les" Miller, Jr., Tampa
60-Victor Crist, Temple Terrace
61-Carl Littlefield, Dade City
62-Johnnie B. Byrd, Jr., Plant City
63-Adam H. Putnam, Bartow
64-Paula Dockery, Lakeland
65-Lori Edwards, Auburndale
66-John Laurent, Bartow
67-Mark R. Ogles, Bradenton
68-Mark G. Flanagan, Bradenton
69-Shirley Brown, Sarasota
70-Lisa Carlton, Osprey
71-David I. Bitner, Port Charlotte
72-Lindsay M. Harrington, Punta Gorda
73-J. Keith Arnold, Fort Myers

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

also written that if we confess our sins, Jesus is faithful and just to
forgive us of all those sins. May we be as ready and swift to also forgive
everyone who trespasses against us. For thou hast also written in thy
word that any root of bitterness will trouble us and make us to fail of the
grace of God.

I pray not only for today, but for the two years ahead. I pray that this
very distinguished and influential assembly of people will purpose to use
their power to deliver this state from all evil and to resist every
temptation to compromise with evil. For thou hast also written in thy
word, "Righteousness exalteth a nation, but sin is a reproach to any
people." We humble ourselves as you implored us to do, acknowledging
that truly thine is the kingdom and the power and the glory, forever.
Amen.

The following Members were recorded present:

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

Culp
Dawson-White
Dennis
Diaz de la Portilla
Dockery
Edwards
Effman
Eggelletion
Fasano
Feeney
Fischer
Flanagan
Frankel
Fuller
Futch
Garcia
Gay
Geller
Goode
Greene
Hafner
Harrington
Healey
Heyman
Hill
Horan
Jacobs
Jones
Kelly
King

Kosmas
Lacasa
Laurent
Lawson
Lippman
Littlefield
Livingston
Logan
Lynn
Mackenzie
Mackey
Martinez
Maygarden
Meek
Melvin
Merchant
Miller
Minton
Morroni
Morse
Murman
Ogles
Peaden
Posey
Prewitt, D.
Pruitt, K.
Putnam
Rayson
Reddick
Ritchie

Ritter
Roberts-Burke
Rodriguez-Chomat
Rojas
Safley
Sanderson
Saunders
Sembler
Silver
Sindler
Smith
Spratt
Stabins
Stafford
Starks
Sublette
Thrasher
Tobin
Trovillion
Turnbull
Valdes
Villalobos
Wallace
Warner
Wasserman Schultz
Webster
Westbrook
Wiles
Wise
Ziebarth

Given under my hand and the Great Seal of the
State of Florida at Tallahassee, the Capitol,
this 13th day of November, A.D., 1996.
SANDRA B. MORTHAM
We>1 SECRETARY OF STATE

Prayer

The following prayer was offered by the Reverend Gene Pritchard of
Orlando, upon invitation of Rep. Webster:

Our Father, which art in heaven and yet mindful of man which thou
has created, we thank you for a nation and for an assembly of such
distinguished persons who hallow thy name by this moment of prayer.
Thou hast written in thy word that "them which honor me, I will honor."
We pray that thy kingdom come and that thy will be done today in this
House on earth as it is always done in thy house in heaven. For thou
hast also written, "Blessed is the nation whose God is the Lord."

Our Father, as thou hast blessed us with an abundance of daily bread,
give these Legislators today wisdom in all decisions that are made by
this assembly this day in this House. Above all, we thank you for always
being ready to forgive us of all our sins through thy grace. For thou hast

Pledge

The Members, led by David, Brent, Jordan, Elizabeth, John, and
Victoria Webster, children of Representative Webster; and the following
representatives of veterans' organizations: Jerry Brill, American Ex-
Prisoners of War; Doyle Campbell, Retired Officers Association; Robert
French, Fleet Reserve Association; Daniel W. Hall, Marine Corps
League; Dean Holder, Vietnam Veterans of Florida; Al Linden, Disabled
American Veterans; Eugene Manfrey, Veterans of Foreign Wars; Robert
Padgett, Military Order of the Purple Heart; J. G. "Tracy" Taylor,
American Legion; John Warren, AMVETS; and Henry Reed, Disabled
American Veterans, pledged allegiance to the Flag.

House Physicians

The Chair presented the Honorable Robert K. "Bob" Casey of
Gainesville, the Honorable Bob Brooks of Winter Park, and the
Honorable Durell Peaden, Jr., of Crestview, who served as Doctors of the
Day.

Oath of Office Administered

The newly elected Members proceeded to the well, where the Oath of
Office prescribed by the Constitution was administered by Acting Chief
Justice Ben F. Overton, Florida Supreme Court.

2

November 19, 1996

JOURNAL OF THE HOUSI

The returning Members, as a group, stood at their desks where the
Oath of Office prescribed by the Constitution was administered by
Acting Chief Justice Ben F. Overton, Florida Supreme Court.

Presentation of Guests
The Chair presented the following former House Republican Leaders:
the Honorable William C. Cramer, the Honorable Donald H. Reed, Jr.,
the Honorable Jim K. Tillman, the Honorable Ronald R. Richmond, the
Honorable James M. Lombard, the Honorable Sandra B. Mortham,
Secretary of State, and the Honorable R. Dale Patchett.

Additionally, the Chair presented the following former Speakers of
the House, who were present in the Chamber: the Honorable Doyle E.
Conner, the Honorable Mallory E. Home, the Honorable Donald L.
Tucker, the Honorable Ralph H. Haben, Jr., the Honorable H. Lee
Moffitt, the Honorable James Harold Thompson, the Honorable Tom
Gustafson, the Honorable Bolley L. "Bo" Johnson, and the Honorable
Peter R. Wallace.

Election of the Speaker

The Chair announced the House would proceed to the election of
Officers and, for the purpose of nominations, motions would be
seconded. Nominations would now be received for Speaker of the House,
under Article III, Section 2, of the Florida Constitution, for a term of two
years beginning today.
Rep. Starks nominated the Honorable Daniel Webster for Speaker.
Rep. Starks: Ladies and gentlemen, with a great deal of humility
and honor, it is my pleasure to nominate for the Speaker of the Florida
House of Representatives, Daniel Alan Webster. [applause]

Rep. Jones seconded the nomination of Rep. Daniel Webster for
Speaker.

Rep. Jones: Members, as Dean of the Republican Caucus, it gives
me a great honor to be able to basically place the name of Daniel
Webster in nomination to be Speaker of the House. [applause]
Rep. Merchant seconded the nomination of Rep. Daniel Webster for
Speaker.

Rep. Merchant: Members, I rise to second the nomination of
Representative Webster. We could not have a better Speaker for this
House. There is no one more fair, no one more inclusive, and I move that
we second the nomination. [applause]

Rep. Rodriguez-Chomat seconded the nomination of Rep. Daniel
Webster for Speaker.
Rep. Rodriguez-Chomat: It is for me a great privilege and an
honor to second the nomination of an honest, decent, respected, and good
man, Daniel Webster, for the Speaker of the House of Representatives.
[applause]
Rep. Logan nominated the Honorable Buzz Ritchie for Speaker.

Rep. Logan: Members, honored guests, citizens of Florida, it is my
distinct pleasure, with enthusiasm, I nominate for Speaker of the House
of the 78th House of Representatives, the Honorable Buzz
Ritchie. [applause]
Rep. Mackenzie seconded the nomination of Rep. Buzz Ritchie for
Speaker.
Rep. Mackenzie: It is with a great deal of honor and privilege that
I stand before you today to second the nomination of my good friend,
Representative Buzz Ritchie, for Speaker of the House of
Representatives. [applause]

Rep. Hafner seconded the nomination of Rep. Buzz Ritchie for
Speaker.

Rep. Hafner: It is a great privilege and pleasure for me to honor
and to recognize and to second the nomination of my good friend, Buzz
Ritchie. [applause]

November 19, 1996

Albright
Andrews
Argenziano
Arnall
Bainter
Ball
Barreiro
Bitner
Bronson
Brooks
Burroughs
Byrd
Carlton
Casey
Constantine
Crady
Ritchie-56
Arnold
Betancourt
Bloom
Boyd
Bradley
Brennan
Brown
Bullard
Bush
Chestnut
Clemons
Cosgrove
Dawson-White
Dennis

Crist
Crow
Culp
Diaz de la Portilla
Dockery
Fasano
Feeney
Flanagan
Fuller
Futch
Garcia
Gay
Harrington
Jones
King
Lacasa

Edwards
Effman
Eggelletion
Fischer
Frankel
Geller
Goode
Greene
Hafner
Healey
Heyman
Hill
Horan
Jacobs

Laurent
Littlefield
Livingston
Lynn
Maygarden
Melvin
Merchant
Morroni
Morse
Ogles
Posey
Pruitt, K.
Putnam
Rodriguez-Chomat
Rojas
Safley

Kelly
Kosmas
Lawson
Lippman
Logan
Mackenzie
Mackey
Martinez
Meek
Miller
Minton
Murman
Peaden
Prewitt, D.

Sanderson
Saunders
Sembler
Sindler
Stabins
Starks
Sublette
Thrasher
Trovillion
Valdes
Villalobos
Wallace
Warner
Webster
Wise
Ziebarth

Rayson
Reddick
Ritchie
Ritter
Roberts-Burke
Silver
Smith
Spratt
Stafford
Tobin
Turnbull
Wasserman Schultz
Westbrook
Wiles

Rep. Daniel Webster was declared the duly elected Speaker of the
House for a term of two years beginning today.

On motion by Rep. Feeney, seconded by Rep. King, the Chair
appointed Reps. Littlefield, Thrasher, Wise, Feeney, and Villalobos, as
a committee to escort Speaker Webster and his family to the rostrum.
Oath of Office Administered
Acting Chief Justice Ben F. Overton administered the Oath of Office
to the Speaker.

Presentation of Speaker

Rep. Wise presented the Honorable Daniel Webster, Speaker of the
House of Representatives,

Rep. Wise: It is my privilege, again, to introduce the family of the
Speaker and the Speaker. And so, I will introduce the Speaker of the
House, Daniel Webster, Daniel. [applause] As I introduce the guests,
will they just raise their hands so each of you will know who they are?

OF REPRESENTATIVES 3

Rep. Mackey seconded the nomination of Rep. Buzz Ritchie for
Speaker.
Rep. Mackey: It is with a great deal of honor and pleasure that J
do recognize and put his name into nomination and second that for
Speaker of the House, who is not only a friend to this Chamber, but to
the citizens of the State of Florida, and someone I'm proud to call my
friend. [applause]

On motion by Rep. Thrasher, seconded by Rep. Lippman, nominations
ceased and Reps. Webster and Ritchie were declared nominees for
Speaker.
Due to a voting system malfunction, the vote on the election of Rep.
Daniel Webster for Speaker of the House was nullified and an oral roll
call was taken with each Member responding "Webster" or "Ritchie."
When the votes were cast for Speaker, the result was:

Webster-64

4 JOURNAL OF THE HOUSE

And hold your applause until the end. And now, ladies and gentlemen,
it is my privilege to introduce the Speaker's wife, Sandy,
[applause] and their children. And I will start with David, who is 20.
He's a giant. I've got this stool to stand on and I'm almost-still come up
to his shoulder. Brent is 18. Jordan is 11. Elizabeth, 9. John, come here.
Can you see John? John told me he was 6 1/2, but his birthday's next
week; he's not 6 1/2, you're 7, John. And also Victoria who is-how old
is Victoria now? Victoria is 2. If you would give them a hand.
[applause]
It is also my privilege to introduce the mother of Dan Webster,
Mildred Webster. Where's Mildred? [applause] In addition, I'd like to
introduce Dan's sister and brother-in-law, Pam and Bill Brown.
[applause] And also Dan Webster's mother-in-law, Sue Jordan, is here.
[applause]

Again, it's my privilege to say, Mr. Speaker, it's great to have you here.
Thank you.

Mr. Kiser handed the gavel to Speaker Webster signifying his
authority as the new Speaker of the House of Representatives.

THE SPEAKER IN THE CHAIR

Speaker Daniel Webster: Actually, over the last couple of weeks,
I've had plenty of time to prepare a speech. I will tell you that this is an
awesome thought, and I can't do it alone. I haven't lived my life alone.
My family, my God, my pastor, my friends in the gallery, and others
have been my support. And now, for this job, I need your support. I
appreciate the honor you bestowed upon me, but I take it as a position
to serve you. I will do everything in my power to serve you in a way that
you would be proud. Please help me do that. I accept the position of
Speaker of the House. And we're ready to go forward with the business
of this state. Thank you again. [applause] Actually, thank you for
electing me twice. [laughter]

Election of the Speaker pro tempore

The Speaker announced that nominations would now be received for
Speaker pro tempore of the House of Representatives for a term of two
years beginning today.

Rep. Garcia nominated the Honorable Luis C. Morse for Speaker pro
tempore.

Rep. Garcia: I would like to nominate for Speaker pro tempore one
of the kindest, wisest, most honest gentlemen that has ever served this
House. And sir, I say this because this is the highest honor I have ever
had on the floor of this House, to nominate Luis C. Morse as Speaker pro
tempore. [applause]

Rep. Arnall seconded the nomination of Rep. Morse for Speaker pro
tempore.

Rep. Arnall: Mr. Speaker and Members, it is a distinct honor to
nominate-place in nomination-a true Cuban-American hero, a
veteran of the Bay of Pigs invasion, our friend, Luis
Morse. [applause]
Rep. Clemons nominated the Honorable Lesley "Les" Miller, Jr., for
Speaker pro tempore.

Rep. Clemons: For his exemplary hard work and for his
demonstrating unshakable character, Representative Les Miller has
earned the respect and enduring admiration of me and many other
Members in this Chamber. It is for that reason that I place in
nomination the name of Representative Les Miller for Speaker pro
tempore. [applause]

1]

Rep. Roberts-Burke seconded the nomination of Rep. Miller for
Speaker pro tempore.

Rep. Roberts-Burke: Thank you, Mr. Speaker. Members, I stand
before you and it gives me great pleasure and indeed it's an honor to
second the nomination of one of the state's finest citizens and one of the

E OF REPRESENTATIVES November 19, 1996

finest Members of this legislative body, Representative Lesley "Les"
Miller. [applause]
On motion by Rep. Ogles, seconded by Rep. Mackenzie, nominations
ceased and Reps. Morse and Miller were declared nominees for Speaker
pro tempore.

The Speaker asked the Members supporting each candidate to rise for
a count of their votes.

By vote of 64 to 56, Rep. Morse was declared the duly elected Speaker
pro tempore for a term of two years beginning today.
On motion by Rep. Saunders, seconded by Rep. K. Pruitt, the Speaker
appointed Reps. Barreiro, Casey, Sanderson, and Valdes as a committee
to escort Speaker pro tempore Morse and his family to the rostrum.

Oath of Office Administered

Acting Chief Justice Ben F. Overton administered the Oath of Office
to the Speaker pro tempore.

Presentation of Speaker pro tempore
The Speaker presented the Honorable Luis C. Morse, Speaker pro
tempore.
Rep. Morse: Brief remarks? I came prepared. I had faith.
[laughter] It is short.

Thank you, Mr. Speaker. And thanks to all my friends and colleagues
for the honor of serving this legislative body in times that are so critical
for our state and the people of Florida.

It has been an uphill battle, but let me assure the Republican majority
and also the Democratic leadership that we have chosen the best leader
we could for Speaker of the House in Dan Webster. [applause] I feel
humble and proud to be part of your leadership and, as a Cuban-
American, lead you to recognize our similarities and put aside our
differences. Certainly we can celebrate our diversity in this great state
of Florida and let our multicultural backgrounds and multilingual skills
be an important component of our strength as a growing and dynamic
community.

Together we'll face very tough decisions over the next two years-
decisions that will put Florida on the path toward the 21st century and
will shape future generations of Floridians. We must be firm but
compassionate in dealing with the pressing issues such as welfare
reform. We must be aware of the feelings of Florida residents who
rejected the sugar tax statewide while the majority realized the need for
preserving our natural resources in the Everglades. Floridians expect
solutions that are not based on taxing their incomes, and we must
struggle for the vision and the ability to work together, the majority and
minority, for the well-being of our entire state.

Destiny brought many of us to Florida from different areas and for a
variety of reasons. Many of you know that I came from Cuba not because
of economic difficulties but for strong democratic principles and political
opposition to the brutal tyranny of Communism, the last dictatorship
remaining in our hemisphere and one of the most repressive in the
world. In 1961, I went back to Cuba in an invasion with thousands of
exiles, together with a leader who was and is still a source of inspiration
and value to my life, my father, Captain Luis Morse, who is always next
to me in spirit. Mr. Speaker, colleagues, ladies, and gentlemen, I am
Luis Morse, a Cuban refugee, who became a United States citizen and
am a proud resident of Florida, who will be honored to serve you as your
Speaker pro tempore to the best of my abilities. You can expect me to
always act in the best interest of our citizens in the tradition of the
American way. But never ask me to forget my roots or my heritage.
I want to thank all of my friends for their support and confidence in

Dan Webster and me. We will work together for a spectacular legislative
session. I thank my family for their support and the many sacrifices
imposed upon them by my public service career, particularly my wife,
newly elected to the Dade County School Board, Manty Morse, who
incidentally will be sworn in later on this evening in Miami; my

JOURNAL OF THE HOUSE

daughters, Susana and Carolina, who are unable to be here with me
today; my mother, Alma [B. Morse]; my sister, little Alma [R. Morse]; my
aunt, Hilda [Morse de Sawaya]; my cousin, Diana [Sawaya-Crane].
Thank you. Thank you all. [applause]

Designation of the Clerk
The Speaker announced that nominations would now be received for
Clerk of the House of Representatives, pursuant to Article III, Section
2, of the Florida Constitution. Rep. Gay nominated John B. Phelps as
Clerk.

Rep. Gay: Thank you, Mr. Speaker. For me today this is a great
honor and a very great pleasure to place in nomination a gentleman who
I have found to be one of the finest men in this process and I've gotten
to know in the four years I have been here. I would like to place in
nomination John B. Phelps for the Clerk of the House.
Rep. Safley seconded the nomination of John B. Phelps for Clerk.
On motion by Rep. Melvin, seconded by Rep. Harrington, nominations
ceased and a unanimous vote was cast for John B. Phelps as Clerk of the
House.
John B. Phelps was declared the duly designated Clerk of the House.
Mr. Phelps proceeded to the rostrum where Acting Chief Justice Ben
F. Overton administered the Oath of Office to him.

Remarks by the Clerk
The Clerk: Mr. Speaker, Members of the House, and honored
guests, over a span of 22 years and 94 sessions, it has been my privilege
to witness the unfolding of history in this Chamber. To the Members
and, in particular, to Speaker Webster, thank you for your support and
for the honor of continuing in service to this great institution, which has
been my life. Thank you.

Committee from the Senate
A committee from the Senate consisting of Senators Grant, Klein,
Hargrett, Williams, Crist, and Meadows was received and announced
that the Senate was organized.

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

Committee to the Governor
On motion by Rep. K. Pruitt, seconded by Rep. Lynn, the Speaker
appointed Reps. Fuller, Dockery, Arnall, Bullard, Smith, and
D. Prewitt as a committee to inform the Governor that the House was
organized.

Committee to the Senate
On motion by Rep. Putnam, seconded by Rep. Carlton, the Speaker
appointed Reps. Lacasa, Byrd, Crow, Hill, Horan, and Betancourt as a
committee to inform the Senate that the House was organized.
The committees were excused to execute their responsibilities.

Report of Notification of the Governor
Rep. Bullard reported to the Speaker that the Committee's duty to
notify the Governor had been performed.

Report of Notification of the Senate

Rep. Crow reported to the Speaker that the Committee's duty to notify
the Senate had been performed.

November 19, 1996

3. Conference Rules-The members of each conference may adopt
rules to govern the affairs of that conference. However, conference rules
shall not contradict or be contrary to these rules.
CHAPTER C. Public Records

SOF REPRESENTATIVES 5

Motion

On motion by Rep. Futch, Organization Session remarks were spread
upon the Journal.

Recessed
On motion by Rep. Bainter, the House recessed at 12:05 p.m., to
reconvene upon call of the Speaker.

Reconvened

The House was called to order by the Speaker at 12:24 p.m. A quorum
was present.

Consideration of House Resolutions
By Representative Webster-

HR 1-Org.-A resolution establishing the Rules of the House of
Representatives.

Be It Resolved by the House of Representatives of the State of Florida:
That the following shall govern the House for the Organization
Session 1996 and thereafter:
I. LEGISLATIVE ORGANIZATION
CHAPTER A. General Officers
1. The general officers of the Florida House of Representatives are
the following:
Speaker

Speaker pro tempore

Majority Leader
Minority Leader
Clerk
Sergeant at Arms
(a) The Speaker and Speaker pro tempore shall be elected by a
majority of the duly elected and qualified members of the House. Each
vote shall be recorded and, in the event a majority vote is not received
on any ballot, the members voting shall then ballot on the two names
receiving the higher number of votes on the first ballot.
(b) The majority leader shall be selected by the Speaker and the
minority leader shall be selected by the minority conference.
(c) The Clerk shall be designated by the House of Representatives to
serve at its pleasure. The Clerk shall perform such duties as set forth by
the Speaker and these Rules.
(d) The Sergeant at Arms shall be appointed by the Speaker with the
advice and consent of the members and shall perform such duties as set
forth by the Speaker and these Rules.
(e) The Speaker may appoint a member of the minority conference
to serve as Minority Speaker pro tempore to carry out such duties as set
forth by the Speaker.
CHAPTER B. Political Parties
2. Political Parties-The political party with the greatest number of
members who are registered voters of such party shall form the Majority
Conference. The political party with the second largest number of
members who are registered voters of such party shall form the Minority
Conference.

6 JOURNAL OF THE HOUSE

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

5. 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.

J

(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

E OF REPRESENTATIVES November 19, 1996

or archival value in a safe location which is easily accessible for
convenient use. The Member shall systematically dispose of records no
longer needed for any purpose by the Member, district office or
employees of the House assigned to the Member and which are not
needed in the transaction of current business and that do not have
sufficient administrative, legal or fiscal significance to warrant their
retention, except for those records specifically required to be created
pursuant to the Rules of the House of Representatives. A Member need
not retain any record specifically required to be created pursuant to
these Rules when the substance of the record is published or retained in
another form or location.

(e) Whenever the Speaker, Speaker pro tempore, Majority Leader,
Minority Leader or other Member has custody of any legislative record
the Member shall, at the expiration of the term of office, deliver to the
successor in office or, if there be none, to the Clerk all legislative records
maintained in the transaction of official business. Whenever a standing
or select committee or 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) Whenever necessary, but no more often than annually nor less
often than biennially, the Speaker, Speaker pro tempore, Majority
Leader, Minority Leader and Clerk, and each committee secretary, may
transfer such legislative records which are required by these Rules to be
created, which are of vital, permanent or archival value, which are not
needed in the transaction of current business, or which have sufficient
administrative, legal or fiscal significance to warrant their retention, to
the Legislative Library Division of the Joint Legislative Management
Committee for transfer to the Division of Library and Information
Services of the Department of State for retention in accordance with
law.

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

II. DUTIES AND RIGHTS OF THE SPEAKER

CHAPTER A. Duties as Presiding Officer

6. Speaker to Enforce Rules-The Speaker shall enforce, apply and
interpret the rules of the House in all deliberations.

7. Speaker to Bring Business Before the House-The Speaker shall
lay before the House its business, set the daily folder, and reserve time
for the committee meetings in compliance with these Rules and shall

receive motions made by members and put them to the House.

8. Speaker to Refer Legislation to Committee-All proposed
legislation shall be referred by the Speaker, pursuant to Rule 102 and
103, to appropriate standing or select committees.

44-w-v lo-. A rw%-w-qr-w-w"uj--4

JOURNAL OF THE HOUSE OF REPRESENTATIVES

9. Preservation of Order and Decorum-The Speaker shall preserve
order and decorum. In case of disturbance or disorderly conduct in the
galleries or in the lobby, the Speaker may order that these areas be
cleared. No signs placards or other objects of similar nature shall be
permitted in the rooms, lobby, gallery, or chamber of the House. The
Speaker shall see that the members of the House conduct themselves in
a civil manner in accordance with accepted standards of parliamentary
conduct and may, when necessary, order the Sergeant at Arms to clear
the aisles and seat the members of the House so that business may be
conducted in an orderly manner.
10. Recognition of Gallery Visitors-On written request of a
member, the Speaker may recognize persons in the gallery. The Speaker
shall afford that recognition at a convenient place in the order of
business, considering the need for order and decorum and the need for
continuity of debate. The request must be made on a form prescribed by
the Committee on Rules & Resolutions. The Speaker may recognize, at
a time he or she considers appropriate during floor proceedings, the
person serving as physician of the day.
11. Questions of Order-The Speaker shall decide on all questions of
order; however, such decisions are subject to an appeal to the House
made by any 5 members. The Speaker may immediately put the
question of appeal or refer the appeal to the Rules & Resolutions
Committee for a recommendation to the House. No member shall speak
more than once on an appeal unless given leave by a majority of the
House. No motion shall be in order, pending an appeal, except a motion
to adjourn, a motion to lay on the table, a motion for the previous
question, temporarily postpone, or a motion for a quorum call.
Responses to parliamentary inquiries and decisions of recognition made
by the chair may not be appealed.
12. Appointment of Temporary Chair-The Speaker may appoint
any member to perform the duties of presiding officer for a temporary
period of time. If the Speaker is absent and no appointment has been
made, the Speaker pro tempore shall act during the Speaker's absence.
13. House Employees Serve at the Pleasure of the Speaker-The
Speaker shall employ all employees of the House and shall determine
their qualifications, hours of work, and compensation, including
perquisites and other benefits. All employees serve at the pleasure of the
Speaker. The Speaker has the right to dismiss any employee of the
House and the pay of such employee shall stop on the designated day of
dismissal.
14. The Speaker to Sign-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 may authorize counsel to initiate, defend, intervene
in, or otherwise participate in any suit on behalf of the House, a
committee of the House, a member of the House (whether in the legal
capacity of member or taxpayer), a former member of the House, or an
officer or employee of the House; when such suit is determined by the
Speaker to be of significant interest to the House and the Speaker
believes that the interest of the House would not be otherwise
adequately represented. Expenses incurred for legal services in such
proceedings may be paid upon approval of the Speaker.
15. The Speaker's Vote-The Speaker shall not be required to vote
in legislative proceedings other than on final passage of a bill, except
where the Speaker's vote would be decisive. In all yea and nay votes, the
Speaker's name shall be called last. The Speaker shall follow the same
conflict of interest rules as any other member.
CHAPTER B. Administrative Duties
16. Control Over Chamber-The Speaker shall have general control
of the chamber of the House, its lobbies, galleries, corridors, and
passages, and other rooms in those parts of the Capitol assigned to the
use of the House; except that the chamber of the House shall not be used
for any meeting other than legislative meetings unless specifically
authorized by the Speaker.

17. Standing Committee & Council Appointments-The Speaker
shall designate the chair and vice chair of each House committee and

shall also appoint the remaining membership of each committee. The
Speaker shall also appoint the Chair of each Council.

18. Appointment of Select and Conference Committees-The
Speaker shall appoint all conference committees. The Speaker shall
name the chair of each conference committee, and may also name the
vice chair thereof, except that the Chair of the Conference Committee for
the General Appropriations bill shall be the Chair of the Fiscal
Responsibility Council.
The Speaker may at any time by proclamation create a select
committee. The Speaker shall name the chair and vice chair thereof. A
select committee has the jurisdiction, authority, and duties and exists
for the period of time specified in the proclamation. A select committee
has the powers granted by these rules to a standing committee except
as limited by the proclamation. A copy of each proclamation creating a
select committee shall be filed with the Clerk.
19. Interim Studies-When the Legislature is not in session, the
Speaker shall have the authority to direct committees to make interim
studies for such purposes as the Speaker may designate, and the
committees shall meet as often as necessary to transact effectively the
business assigned to them. The Speaker shall provide to the Clerk a copy
of interim charges made to a standing or select committee.
III. RULES

20. Adoption of Standing Rules-The adoption of the Standing Rules
shall require an affirmative recorded vote of the present and voting
Members. When once adopted, the Standing Rules shall remain in
effect, unless suspended or amended as provided in these rules.
21. Suspension of Rules-Any standing rule of the House, except
Rule 22, may be suspended temporarily by a vote of two-thirds of the
members present and voting; provided, that the temporary suspension
shall apply only to the matter under immediate consideration, and in no
case shall it extend beyond an adjournment.

22. Amending Standing Rules-No standing rule of the House shall
be amended except by a resolution passed by the Rules & Resolutions
Committee and adopted by an affirmative recorded vote of a majority of
the present and voting Members.
23. Mason's Manual of Legislative Procedure-In all cases not
provided for by the Florida Constitution, by the House rules, by the joint
rules of the Senate and House, or by statute, the authority shall be the
latest edition of Mason's Manual of Legislative Procedure.
IV. MEMBERS
24. Members Shall Vote; Disclosure of Interest and Disqualification
from Voting-
(a) Every Member shall be within the House Chamber during its
sittings unless excused or necessarily prevented, and shall vote on each
question put, except that no Member shall be permitted to vote on any
measure which the Member knows or believes would inure to the
Member's special private gain.
(b) A Member of the House, when voting on any measure which the
Member knows or believes would inure to the special private gain of a
family member of the Member, or to the special private gain of any
principal by whom the Member or a family member of the Member is
retained or employed, shall disclose the nature of the interest of such
person in the outcome of the vote. Disclosure shall be done in a timely
manner by filing a memorandum with the Clerk of the House and
printed in the Journal if the vote is to be taken on the floor. If the vote
is in a committee or subcommittee, the memorandum shall be filed with
the committee secretary, who shall attach such memorandum to the
committee report. For the purpose of this Rule, family members shall
include the Member's spouse, parents, and children.
25. Excused Absence-The Speaker may, by written notice to the

Clerk or upon written request, excuse any Member from attendance on
the House for any stated period, and such excused absence shall be
noted on the Journal.

November 19, 1996

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

26. Possession of Bills-No Member or any other person shall take
possession of an original bill, after filing, with the intention of depriving
the Legislature of its availability for consideration. The responsibility
for the safekeeping of original filed bills shall vest in the Clerk of the
House or, after being committed to a committee, in the committee chair.
The committee chair may authorize a staff member to sign for bills.

27. Members Deemed Present Unless Excused-Any Member,
having answered roll call (taken either orally or by the voting machine)
at the opening of any daily session, or who enters after roll call and
informs the Clerk of the Member's presence, shall thereafter be deemed
as present unless leave of absence is obtained from the Speaker.

28. Legislative Ethics and Official Conduct-Legislative office is a
trust to be performed with integrity in the public interest. A Member of
the House is jealous of the confidence placed in the Member by the other
Members and by the people. By personal example and by admonition to
colleagues whose behavior may threaten the honor of the lawmaking
body, the Member shall watchfully guard the responsibility of office and
the responsibilities and duties placed on the Member by the House. To
this end, each Member of the House shall be accountable to the House
for violations of this Rule or any provision of the House Code of Conduct
contained in Rules 28 through 34.
29. The Integrity of the House-A Member shall respect and comply
with the law and shall perform at all times in a manner that promotes
public confidence in the integrity and independence of the House and of
the Legislature. Each Member shall perform at all times in a manner
that promotes a professional environment in the House, free from
discrimination.

30. Improper Influence; Solicitation of Campaign Contributions-

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

(b) A Member of the House shall neither solicit nor accept any
campaign contribution during the sixty-day regular legislative session
on the Member's own behalf or on behalf of a political party or on behalf
of a candidate for the House of Representatives; however, a Member
may contribute to the Member's own campaign.

31. Ethics; Conflicting Employment-A Member of the House shall:

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

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

32. Use of Official Position-A Member shall not corruptly use or
attempt to use the Member's official position in a manner contrary to the
trust or authority placed in the Member either by the public or by other
Members, for the purpose of securing a special privilege, benefit, or
exemption for the Member or for others.
33. Use of Information Obtained by Reason of Official Position--A
Member may engage in business and professional activity in
competition with others, but shall not use, or provide to others, any
information obtained by reason of the Member's official capacity as a
Member, unavailable to members of the public as a matter of law, for the
Member's personal gain or benefit or for the personal gain or benefit of
any other person or business entity.
34. 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.
35. 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. State agency
means an entity of the legislative, executive or judicial branch of state
government over which the Legislature exercises plenary budgetary and
statutory control.
36. Advisory Opinions-A Member of the House, when in doubt
about the applicability and interpretation of these Rules in a particular
context, may communicate the facts of the situation to the House
general counsel for an advisory opinion. The general counsel shall issue
the opinion within ten days after receiving the request. The advisory
opinion may be relied upon by the Member requesting the opinion. Upon
request of any Member, the committee designated by the Speaker to
have responsibility for the ethical conduct of Members may revise an
advisory opinion rendered by the House general counsel through an
advisory opinion issued to the Member who requested the opinion.
A Member of the House, when in doubt about the applicability and
interpretation of this Rule in a particular context, may 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 rendered by the House general counsel or
committee shall be numbered, dated, and published in an annual
publication of the House. Advisory opinions from the House general
counsel or the committee shall not identify the Member of the House
seeking the opinion unless such Member so requests.
37. Felony Indictment or Information of Member-
(a) If an indictment or information for a felony, which relates to the
Member's responsibility as a public officer, is filed against a Member of
the House, the Member indicted or informed against may request the
Speaker to excuse the Member, without pay, from all privileges of
membership of the House pending final adjudication.

(b) If the indictment or information is either nolle pressed or
dismissed, or if the Member is found not guilty of the felonies charged,
which relate to the Member's responsibility as a public officer, or lesser
included felonies, which relate to the Member's responsibility as a public
officer, then that Member shall be paid all back pay and other benefits
retroactive to the date the Member was excused.
38. Felony Guilty Plea of a Member-A Member who enters a plea
of guilty or nolo contender (no contest) to a felony, which relates to the
Member's responsibility as a public officer, shall be suspended
immediately, without a hearing, without pay, from all privileges of
membership of the House through the remainder of that Member's term.

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

40. Open Meetings-Subject to order and decorum, each Member of
the House shall provide reasonable access to members of the public to

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November 19, 1996

JOURNAL OF THE HOUSE

any meeting between such Member and two or more other Members of
the House or of the Senate, if such members of the public have requested
admission and such meeting has been prearranged for the purpose of
agreeing to take formal legislative action on pending legislation or
amendments at such meeting or at a subsequent time. No such meeting
shall be conducted in the Members' Lounge or at any location which is
closed to all members of the public. No such meeting shall be conducted
at any location which the Member knows to prohibit admission on the
basis of race, religion, gender, national origin, physical handicap, or
similar classification.
Meetings conducted in the 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, 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.
V. EMPLOYEES
CHAPTER A. Duties Of Employees Of The House
41. Clerk-The clerk shall:
(a) Be the custodian of all bills and resolutions;

(b) Number in the order of their filing, with an odd number sequence
all bills, joint resolutions, concurrent resolutions, memorials, and House
resolutions;
(c) Provide for the keeping of a complete record of introduction and
action on all bills and resolutions, including the number, author, brief
description of the subject matter, committee reference, and the time
sequence of action taken on all bills and resolutions to reflect at all times
their status in the legislative process;
(d) Forward to committee chair a copy of each legislative document
referred to a committee along with copies of all official attachments to
the document;
(e) The Clerk shall keep a correct journal of proceedings of the
House, and this journal shall be numbered serially and published from
the first day of each session of the legislature.
(f) The Clerk shall keep open the office of the clerk during and
between sessions of the legislature.
42. Sergeant at Arms-The Sergeant of Arms shall:

(a) Attend the House during its sittings, maintain order under the
direction of the Speaker or member performing the duties of the chair.

(b) Ensure that no person is admitted to the House chamber except
in accordance with provisions of these rules.

(c) Execute all commands of the Speaker.

(d) Perform all other duties pertaining to his or her office as
proscribed by law or by rule of the House.
(e) Be under the direct supervision of the Speaker.
43. Chaplain To Offer Prayer--A chaplain shall attend at the

beginning of each days 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.

November 19, 1996

6. Agriculture
7. Election Reform

The Fiscal Responsibility Council shall consist of the following
standing committees:

SOF REPRESENTATIVES 9

VI. ORGANIZATION OF COMMITTEES

STANDING COMMITTEES

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

The Government Services Council shall consist of the following
standing committees:
1. Long Term Care

2. Health Care Standards & Regulatory Reform

3. Health Care Services

4. Children & Family Empowerment

The Academic Excellence Council shall consist of the following
standing committees:

1. Education Innovation

2. Education/K-12
3. Colleges & Universities

4. Community Colleges & Career Prep

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

1. Business Development & International Trade

2. Transportation

3. Financial Services

4. Regulated Services

5. Business Regulation & Consumer Affairs

6. Utilities & Communications

7. Tourism

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

3. Law Enforcement & Public Safety

4. Juvenile Justice

5. Civil Justice & Claims

6. Real Property & Probate
7. Family Law & Children
The Governmental Responsibility Council shall consist of the
following standing committees:

1. Governmental Operations

2. Governmental Rules & Regulations

3. Environmental Protection

4. Water & Resource Management

5. Community Affairs

10 JOURNAL OF THE HOUSE

1. Criminal Justice

2. Education

3. General Government
4. Health & Human Services
5. Transportation & Economic Development
6. Finance & Taxation

In addition, there shall be a Procedural Council which shall consist of
the following committees:

1. Rules, Resolutions & Ethics
2. Reapportionment
3. Joint Committees
45. Councils-Except for the Procedural Council, each Council as set
forth in Rule 44 shall consist of a chair, the Steering and Liaison
Member, and the chair and vice chair of each of the committees assigned
to the group. The Councils shall rank each of the bills upon referral in
order of importance to the House and shall forward such ranking to the
Speaker. The ranking shall be amended as the council receives
additional reports at least once each calendar week and no more than
twice in a calendar week. Councils may return bills available for
ranking to the appropriate standing committee with a request for
further consideration including but not limited to combining two or
more bills into a committee substitute.
Councils may by a majority vote of those Members present and voting,
designate certain bills available for extended voting. When a floor vote
is taken on a bill designated for extended voting, the voting machine
shall remain open for 5 minutes. Members may vote at any time within
the 5 minutes.

VII. ORGANIZATION, POWERS AND DUTIES OF COMMITTEES

CHAPTER A. Organization
46. Determination of membership-Membership on the standing
committees shall be determined at the beginning of each regular
session. The Speaker shall designate the Chair and Vice Chair from the
total membership of the committee.
47. Vacancies on Standing Committees-Should a vacancy occur on
a standing committee subsequent to its organization, the Speaker shall
appoint an eligible member to fill the vacancy.

48. Ex Officio Members-The Speaker may designate the Speaker
pro tempore or the Majority Leader as an ex officio voting member of any
standing committee. As an alternative, the Speaker may designate the
Council Chair as an ex-officio voting member of any committee within
that Council. No standing committee may have more than one ex-officio
member at any one time. For the purpose of a quorum, an ex officio
member shall not be included in the membership of a committee.

49. Meetings of Standing and Select Committees-Standing and
select committees shall meet at the call of the chairman or, in his
absence, the vice chairman or temporary presiding officer within the
dates and times reserved on the Calendar.

50. 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.
51. Evening Meetings-The committee chairman may arrange with
the Sergeant at Arms for evening or other special meeting; provided,
however, that no committee meeting shall last beyond 6:00 p.m. unless
granted special leave by the Speaker to do so.

52. Committees Meeting During House Session-No committee

shall meet while the House is in session without special leave, except the
Committee on Rules & Resolutions and conference committees.

53. Consideration of Bills, Including Proposed Committee Bills-
The chairman or, in his absence, the vice chairman or temporary

E

59. 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.

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OF REPRESENTATIVES November 19, 1996

presiding officer, of any standing committee 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.

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

54. Time Required for Advance Notice-During the first forty-five
calendar days of a regular session, prior notice shall be given five
calendar days 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 fifth
succeeding day. After the forty-fifth calendar day and during any
extended or special session, the notice shall be given twenty-four hours
in advance of the proposed meeting.

55. Nature and Distribution of Notice-A notice shall include a
listing and sufficient title for identification of any and all bills or
proposed bills to be considered by a committee including those pending
on reconsideration.

A notice shall state the date, time and place of meeting and be given
to the Clerk of the House, the Sergeant at Arms, the sponsor, the
members of the committee, and any Member who has given the
chairman timely written notice of his desire to be notified on a specific
bill. The Sergeant at Arms, in receiving notices, shall show the day and
hour of received on a receipt.

Whenever timely, the Clerk shall enter notices in the Calendar.

56. 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 is
session, a notice of such meeting shall be filed with the Clerk and the
Sergeant at Arms no later than fourteen calendar days before the Friday
preceding the week of the meeting. The committee secretary separately
shall send copies of notice to the members of the committee, the first
named sponsor of the bill and to such other sponsors and persons who
have requested notice.

57. 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.

58. 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. 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.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

60. 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;

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.

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.

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.

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.

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.

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.

61. 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.

62. 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.
63. Voting in Committee-A majority of the members present of a
committee, a quorum having been established, shall agree by their
recorded votes upon the disposition of any bill or other matter
considered by the committee.

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

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

66. Nature and Contents of Reports-It shall be the duty of
committees to report bills either favorably, favorably with committee
amendment, favorably with committee substitute, or unfavorably, but
never "without recommendation." A motion to lay a bill "on the table"
shall be construed as a motion to report the pending bill unfavorably.

Each report of a committee shall contain the action of the committee
on the bill being transmitted, together with a Committee Information
Record stating:

(a) the time and place of the meeting at which the action was taken,
(b) the name and address of each person addressing the committee
relative to the measure and, if any agent, the interest represented, and
(c) the vote of each member of the committee on the motion to report
each bill.

Each report by a committee shall set forth the identifying number of
the bill, and, if amendments are proposed by the committee, the words
"with 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.

67. Reporting Closed Bills-The substantive committee considering
a bill may upon motion adopted by majority vote of the membership of
the committee who are present and voting with the support of the bills
first named sponsor, or the council ranking the bill may upon motion
adopted by majority vote of the the membership of the Council who are
present and voting, report a bill as "closed" and no amendments shall be
allowed to be made on the House floor to such bill except those adopted
in committee.

68. Placement On Consent Calendar-Any bill which receives a
unanimous favorable report with or without amendments from each
committee to which it has been referred, upon notification to the house,
shall without further action be placed pending on the consent calendar
by the Clerk and shall remain pending for two legislative days not to
include Saturday and Sunday. If no member files an objection with the
Clerk before the expiration of the two days the bill shall be placed on the
consent calendar and shall be available for consideration as part of the
consent calendar at the next time the consent calendar is brought before
the house for consideration. Any bill that fails to obtain placement on
the consent calendar shall be ranked by the appropriate council.
69. 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.
70. 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.
71. Ranking of Bills-Bills reported favorably by all committees of
reference shall be taken up and ranked by the council of the substantive
committee in which the bill was last considered. The clerk shall prepare
a report of each of the six councils' rankings with each bill listed with the
highest ranked bill appearing first and continuing to the lowest ranked
bill appearing last.
72. Journal Entry-As bills are reported, the identifying number of
a bill together with the action of the committee, whether favorable,
unfavorable, favorable with amendment, or favorable with substitute,
shall be entered in the Journal.
73. 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. Any member of the House may
offer amendments to bills being considered by any committee of the
House.

74. 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

November 19, 1996

11

12 JOURNAL OF THE HOUSE

required for first introduction of a bill. Upon the filing of such report, the
original Bill(s) shall be laid on the table of the House. Any other
committee of reference shall direct its attention to the substitute bill.
The sponsors) of the original bill(s) shall be shown by the committee
secretary as a cosponsor of the substitute unless he notifies the
committee secretary in writing that he wishes to withdraw as a
cosponsor. If all sponsors of the original bill request to withdraw as a
cosponsor, the committee substitute shall not be delivered to or accepted
by the Clerk for introduction, unless another member consents to his
designation as a cosponsor, and the original bill shall be reported
"unfavorably: in accordance with Rule 66."

Publication in the Journal of a committee substitute title with
sponsors shall constitute first reading in the same manner as
Introduction and Reference.

75. Committee Bills; Designation of Cosponsors-A bill introduced
by a committee shall be accompanied by a Committee Information
Record. A committee, in introducing a committee bill, shall designate a
Member or Members as cosponsor(s) with the approval of said Member
or Members. The bill will be shown by the Clerk of the House as having
been introduced by the committee and the Member(s) so designated. If
no Member consents to his designation as a cosponsor, the bill shall not
be delivered to or accepted by the Clerk for introduction.

76. Recommittal-After a committee report has been received by the
Clerk of the House, no bill shall be recommitted to any committee
(except a appropriations committee within the Fiscal Responsibility
Council as elsewhere provided) except by a majority vote of the members
present and voting.
77. 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 or changes in those laws, and of such additional
legislation, as may be necessary or appropriate,
-the various standing committees shall have oversight
responsibilities.

78. 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 state agency in this state. Issuance of
Subpoena
(d) In order to carry out its duties each standing or select committee
whenever required, may issue subpoena with the approval of the
Speaker and other necessary process to compel the attendance of

witnesses before such committee or the taking of a deposition pursuant
to these Rules. The chairman of the standing or select committee shall
issue said process on behalf of the standing or select committee. The
chairman or any other member of such committee may administer all
oaths and affirmations in the manner prescribed by law to witnesses

\'

consistent with the particular circumstances involved.

(2) Any person who is served with a subpoena to attend a meeting
of any standing or select committee or subcommittee also shall be served
with a general statement informing him of the subject matter of such

E OF REPRESENTATIVES November 19, 1996

who shall appear before such committee for the purpose of testifying in
any matter about which such committee may desire evidence.

(e) Each standing or select committee whenever required, may also
compel by subpoena duces tecum the production of any books, letters, or
other documentary evidence it may desire to examine in reference to any
matter before it. The chairman of the standing or select committee shall
issue process on behalf of the standing or select committee or
subcommittee thereof

Contempt Proceedings

(f) Either house may punish by fine or imprisonment any person not
a Member who shall have been guilty of disorderly or contemptuous
conduct in its presence or of a refusal to obey its lawful summons.

A person shall be deemed in contempt if he:

1. Fails or refuses to appear in compliance with a subpoena or,
having appeared fails or refuses to testify under oath or affirmation.

2. Fails or refuses to answer any relevant question or fails or refuses
to furnish any relevant book, paper or other document subpoenaed by or
on behalf of such committee, or

3. Commits any other act or offense against such committee which,
if committed against the Legislature or either house thereof, would
constitute contempt.

A standing or select committee may, by majority vote of all of its
members, apply to the House for contempt citation. The application
shall be considered as though the alleged contempt has been committed
in or against the House itself. If such committee is meeting during the
interim, its application shall be made to the circuit court pursuant to
subsection (i)(8) of this Rule.

A person guilty of contempt under the provision of this Rule shall be
fined not more than five hundred dollars ($500.00) or imprisoned not
more than ninety days or both, or shall be subject to such other
punishment as the House may, in the exercise of its inherent powers,
impose prior to and in lieu of the imposition of the aforementioned
penalty.

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

False Swearing

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

Rights Of Witnesses
(i) All witnesses summoned before any standing or select committee
or subcommittee shall receive reimbursement for travel expenses and
per diem at the rates provided in section 112.061, Florida Statutes.
However, the fact that such reimbursement is not tendered at the time
the subpoena is served shall not excuse the witness from appearing as
directed therein.

(1) Service of a subpoena requiring the attendance of a person at a
meeting of a standing or select committee or subcommittee shall be
made in the manner provided by law for the service of subpoenas in civil
action at least seven calendar days prior to the date of the meeting
unless a shorter period of time is authorized by majority vote of all the
members of such committee. If a shorter period of time is authorized, the
persons subpoenaed shall be given reasonable notice of the meeting,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

committee's investigation or inquiry and a notice that he may be
accompanied at the meeting by private counsel.

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

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

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

Right of Other Persons to be Heard

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

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

Enforcement of Subpoena Out of Session

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

79. Conduct of Meetings of Investigative Committees-Each
standing or select committee shall comply with the following procedures

with respect to compelling attendance of witnesses, production of
documents or evidence, and the conduct of meetings before such
committee.

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

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

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

(b) A standing or select committee which conducts meetings for the
purpose of taking sworn testimony from witnesses shall consist of not
less than five members.

(c) A quorum of a standing or select committee which conducts
meetings for the purpose of taking sworn testimony from witnesses shall
consist of a majority of the total authorized membership.

(d) No action shall be taken by a standing or select committee at any
meeting unless a quorum is present. Such committees may act by a
majority vote of the members present and voting at a meeting at which
there is a quorum, unless the rules or any law require a greater number
or proportion.
(e) Any standing or select committee when conducting a meeting for
the purpose of taking sworn testimony, shall give each member of the
committee not less than three calendar days written notice of any
meeting to be held when the Legislature is in session and at least seven
calendar days written notice of any meeting to be held when the
Legislature is not in session. Such notices shall include a statement of
the subject matter of the meeting.

(f) The presiding member at a meeting may direct a witness to
answer any relevant question or furnish any relevant book, paper or
other document, the production of which has been required by subpoena
duces tecum. Unless the direction is overruled by a majority vote of the
committee members present, disobedience shall constitute contempt as
defined in these Rules.

(g) Before or during a meeting, a witness or his counsel may file with
the standing or select committee, for incorporation into the record of the
meeting, sworn written statements relevant to the purpose, subject
matter and scope of the committee's investigation or inquiry. Any such
witness, however, shall prior to filing such statement, consent to answer
questions from such committee regarding the contents of the statement.
(h) Where the chairman of any committee determines that such
procedure would expedite the inquiry or save expenses, the chairman,
with the concurrence of the Speaker, may authorize the conduct of
proceedings by depositions, interrogatories or compulsory production of
documents as provided in this Rule. These proceedings shall be in the
nature of statements under oath taken by a state's attorney. Counsel for
persons under investigation may be allowed to attend such depositions
at the discretion of the chairman. Participation by such counsel at the
depositions may also be allowed at the discretion of the chairman. Any
requests for' attendance or participation should be addressed to the
chairman. If the requests are denied, a person may appeal the
chairman's ruling to the Speaker but there shall be no stay of
proceedings pending such appeal.
Where counsel for persons subject to depositions are allowed to
participate in the proceedings under the guidelines of the committee,
testimony or other evidence taken may be introduced before the
committee whether or not the persons or their counsel avail themselves
of the opportunity.

1. The chairman, with the concurrence of the Speaker, may
authorize a lawyer for the committee to take depositions of witnesses
before a court reporter or notary public of this state. The deposition

notice and/or the subpoena used therewith may identify persons either
by name or by job description and such persons may be required to
attend and give testimony pursuant to the guidelines.

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

2. The chairman, with the concurrence of the Speaker, may
authorize the issuance of interrogatories to be answered under oath and
these shall require the person to whom they are directed to appear
before a notary public or court reporter and answer the questions under
oath. These may be served by mail or by personal service and shall be
answered under oath no later than seven days from the date of mailing
or three days from the date of personal service. Any interrogatory may
require that a person to whom it is directed (identified by name or job
description) return the interrogatory in the mail or have it available for
delivery to the lawyer for the committee on a date certain.
3. Should any substantive or procedural question arise during any
proceedings authorized by these Rules, the question shall be referred to
the chairman of the committee or to any committee member designated
by the chairman to pass on such questions. Communication shall be
made with the chairman or any designated committee member by the
most rapid available means, including telephone, and the resolution of
such questions, including without limitation questions on the scope of
the discovery may be communicated by telephone. If any person is
dissatisfied with such a decision, appeal may be had to the Speaker but
there shall be no stay of proceedings pending such appeal.
80. Conference Committee Membership; Procedures-
(a) The Speaker shall appoint all House managers for conference
committees. He shall determine the number as need appears. He shall
appoint no less than a majority who generally supported the House
position as determined by the Speaker. The Chairman of the Fiscal
Responsibility Council shall serve as the House Chair for all conference
committees for the General Appropriations Bill.

(b) All meetings of all conference committees shall be open to the
public at all times, subject always to the authority of the presiding
officer to maintain order and decorum.
(c) All actions taken in conference committees shall be by motion.

(d) The chairman or, in his absence, the vice chairman of any
conference committee shall give prior notice as soon as practicable of
intention to meet. A notice shall state the date, time and place of
meeting and be posted on the door of the committee managing the
conference for the House at least two hours prior to the time of the
meeting.

81. Composition of Conference Committee-A conference committee
shall consist of an equal number of managers from each house. The
conference committee shall select one of its members to preside. A report
shall require the affirmative votes of a majority of the managers from
each house. The report shall be accompanied by the original bills.

82. Presentation of Report-The receiving of conference committee
reports shall always be in order except when the House is voting on any
proposition. When a report is presented to the House, the sequence shall
be:

(a) The vote first shall be on whether the report shall be considered
at that moment.

(b) The next vote shall be on acceptance or rejection of the report as
an entirety. The report must be acted upon as a whole, being agreed to
or disagreed to as an entirety.

(c) The final vote shall be a roll call on the passage of the bill as
amended by the conference committee report.

Should either (b) or (c) fail, the report shall be automatically
recommitted to the conference committee. In the event of a motion to
reconsider, the vote first would be on (b) and then on (c).
83. Form of Report-In those instances where a conference
committee has redrafted a bill, the committee shall report an
amendment striking everything after the enacting clause, together with
an appropriate title amendment if needed.

Each conference report shall be accompanied by a statement, written
or oral, sufficiently explicit to inform the House of the changes in the bill
sent to conference.

84. Time Restraints on Conference Committees-After House and
Senate managers have been appointed for seven calendar days and have
failed to report, it is hereby declared to be a motion of highest privilege
either to move to discharge the House managers and appoint new House
managers or to instruct the House managers.

During the last six calendar days allowed under the Constitution for
a regular session, it shall be a motion of highest privilege to discharge,
appoint new, or instruct House managers after House managers shall
have been appointed thirty-six hours without having made a report.
85. When Managers Are Unable to Agree-When a conference
committee is appointed in reference to any bill and the House managers
report inability to agree, no action of the House taken prior to such
appointment shall preclude further action by the House as the House
may determine.
86. Committee of the Whole-The House may upon motion resolve
itself into a Committee of the Whole to consider any matter referred to
it by the House, to pass resolutions, or to debate issues of importance to
the state. In forming a Committee of the Whole, the Speaker shall
vacate the chair and shall appoint a chair to preside in committee.
1. 20 Members shall constitute a quorum of the Committee of the
Whole.

2. Members may submit remarks not in excess of 250 words to be
spread upon the journal concerning questions or debate presented in
Committee of the Whole.

3. The Committee of the Whole shall not call roll prior to the
convening of its business.

87. Rules of the Committee of the Whole-Rules governing the
proceedings of the House and those governing committees shall be
observed in the Committee of the Whole to the extent that they are
applicable.
VIII. BILLS, RESOLUTIONS AND MEMORIALS
88. "Bill" Stands for All Legislation-Except where the context
otherwise indicates, "bill" as used in these Rules, means a bill, joint
resolution, concurrent resolution, resolution or memorial or other
measure upon which a committee may be required to report.

89. Forms of Measures-To be acceptable for introduction, all bills
shall be produced in accordance with standards approved by the
Speaker. All measures shall be introduced in an original and seven
copies. The original shall be backed with a folder-jacket and five copies
with jackets. On these jackets shall be inscribed the name of the sponsor
and enough of the title for identification, and on the original folder-
jacket the signature of the first-named sponsor and other sponsors
agreed to by the first-named sponsor. All signatures and respective
district numbers must be on a numbered line as provided on the bill
jacket. After bill filing, those Members desiring to be cosponsors shall fill
out a cosponsor form to be agreed to by the first-named sponsor The bill
should be aligned on the page substantially according to the following
form:
A bill to be entitled
An act

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

Section 1.

Section 2.

Bills which propose to amend existing provisions of law shall contain
the full text of the section, subsection or paragraph to be amended. Joint
resolutions which propose to amend the Florida Constitution shall

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

contain the full text of the section to be amended. As to those portions
of general bills and joint resolutions which propose to amend existing
provisions of the Florida Statutes, or the Florida Constitution, new
words shall be inserted in the text underlined, and words to be deleted
shall be lined through with hyphens. In the event the change in
language is so general that the use of these procedures would hinder,
rather than assist, the understanding of the amendment, it shall not be
necessary to use the coded indicators of words added or deleted, but, in
lieu thereof, a notation similar to the following shall be inserted
immediately preceding the affected section of the bill: "Substantial
rewording of section. See s. ..., F.S., for present text." When such a
notation is used, the notation, as well as the substantially reworded text
shall be underlined. The words to be deleted and the above-described
"indicators of such words and of new mate rial are for information and
guidance and shall not be considered to constitute a part of the bill
under consideration. Numerals in the margins of the line-numbered
paper shall not constitute a part of the bill, being shown on the page only
for convenience in identifying lines. Section catch lines of existing text
shall not be underlined, nor shall any other portion of a bill covered by
this Rule other than new material.
90. Bills-All bills shall contain a proper title, as defined in Section
6 of Article III of the Constitution, and the enacting clause, "Be It
Enacted by the Legislature of the State of Florida:".
91. Local Bills-
(a) Only such local bills shall be considered by the House, as cannot
be enacted into law under the authority of a local governing body.
(b) Bills providing a local governing body with an exemption from
general law shall be introduced as general bills.
(c) All local bills, including local claim bills, must either, as required
by Section 10 of Article III of the Constitution, embody provisions for a
ratifying referendum (stated in the title as well as in the text of the bill)
or be accompanied by an affidavit of proper advertisement, securely
attached to the original bill ahead of its first page.
92. Memorials-A memorial expresses the opinion of the Legislature
to the federal government. All memorials shall contain the resolving
clause, "Be It Resolved by the Legislature of the State of Florida:".
93. Resolutions-
All House resolutions and all concurrent resolutions shall contain a
title and a resolving clause. In the case of House resolutions, this shall
be, "Be It Resolved by the House of Representatives of the State of
Florida:". If copies of House resolutions are directed in the resolution to
be furnished any person after adoption, these shall be prepared only by
the Clerk of the House. Concurrent resolutions shall state, "Be It
Resolved by the House of Representatives of the State of Florida, the
Senate Concurring:". Concurrent resolutions shall present only
questions pertaining to extension of a session, enactment of joint rules,
redistricting of the Houses, ratification of federal constitutional
amendments, or other procedural legislative matter.
94. Requirements for Introduction-
(a) All bills (other than the general appropriations bill, concurrent
resolutions relating to organization of the Legislature, resolutions
relating to organization of the House, reviser's bills, reapportionment
bills or resolutions, and recall of acts from the Governor) shall be either
prepared or, in the case of local bills, reviewed by the House Bill
Drafting Service. After completion and delivery by the House Bill
Drafting Service, no change shall be made in the text or title of the bill
without returning the bill to the House Bill Drafting Service prior to
filing with the Clerk of the House.
(b) The Director of the House Bill Drafting Service shall notify any
Member proposing a bill if an identical or similar bill has been filed and
the name of the sponsor.
95. Bills Filed for Term of Legislature--

special sessions. Bills filed for consideration during special session shall
be deemed to have died upon sine die of the special session unless
withdrawn or passed. At the end of the first regular Session of the
Legislature, all bills under consideration will maintain the same
position at the same reading on a calendar, referred to committee, or
pending referral. Bills that have passed the House at the end of the first
session but not acted on by the Senate upon return to the House by the
Senate will be placed on the consent calendar for consideration at the
beginning of the next regular session and only the latest engrossed
version at Session end will be the version carried over.
96. Printing-

Upon introduction, all bills (including committee bills and committee
substitutes) shall be printed for the information of the House and the
public, except that reviser's bills and House Resolutions shall be printed
only upon the order of the Chair of the Committee on Rules &
Resolutions. The Clerk shall have sufficient copies printed for the needs
of the House and the public and shall furnish the copy for all such
printing. This printing of bills shall be independent of the legislative
process, and the absence of a printed copy shall not delay the progress
of any bill at any stage of the legislative process.
97. Identification-
Bills shall be introduced in the order they are received by the Clerk
of the House and shall be serially numbered as filed. House Resolutions
shall be separately numbered. The Clerk shall mark the original copy of
each bill, and each page thereof, to insure its identification as the item
introduced in order to prevent unauthorized or improper substitutions
therefore. This identification may be by the use of machines as used in
banks for validating or cancelling checks or other documents, or by the
use of any other device to accomplish the purpose of this Rule. Any such
device so used shall be used by and at all times shall be in the custody
of the Clerk and its use by any person not authorized by this Rule shall
be prohibited.
98. Companion Measures-
A companion Senate bill shall be substantially similar in wording, and
identical as to specific intent and purpose as a House bill for which it is
being substituted. Whenever any bill of the House shall be reached on
the Calendar of the House for consideration, either on second or third
reading, and there shall be also pending on the Calendar of the House
a companion bill already passed by the Senate, it shall be in order to
move that the Senate companion bill be substituted and considered in
lieu of the House bill. Such motion may be adopted by a majority vote,
provided the Senate bill is on the same reading, otherwise the motion
shall be to waive the Rules by two-thirds vote and substitute such
Senate bill. At the moment the House substitutes the Senate companion
bill or takes up a Senate bill in lieu of a House bill, the House bill so
replaced shall be automatically tabled. Recommitment of a House bill
shall automatically carry with it any Senate companion bill then on the
Calendar.
99. Miscellaneous Papers; Veto Messages-
Papers of a miscellaneous nature addressed to the House may, at the
discretion of the Speaker, be read, noted in the Journal or filed with the
appropriate committees. When the reading of a paper other than one
upon which the House is called to give a final vote is demanded, and the
same is objected to by any Member, it shall be determined without
debate by a majority vote of the House. In the case of veto messages, the
Speaker shall refer them to the appropriate committees for
recommendations.
100. Prefiled Bills; Reference; Notice; Proposed Committee Bills-
During the period between the Organization Session and the
convening of the regular session and between the first and second
regular sessions of the legislative biennium, Members may file with the
Clerk of the House for introduction bills which have been prepared or
reviewed by the House Bill Drafting Service.

(a) Such profiled bills shall be numbered by the Clerk and presented
to the Speaker for reference as otherwise provided under these Rules.

All bills filed shall be available for consideration pursuant to these
Rules for the entire two-year term of the Legislature except during any

November 19, 1996

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16 JOURNAL OF THE HOUSE

After the Speaker has referred a bill to a committee, or committees, the
Clerk shall notify each chair.

(b) Committees shall, after consideration of profiled bills, report
their actions promptly, in the manner prescribed by these rules. Once
received by the Clerk, a committee report on a profiled bill shall not be
subject to recall by the committee.

(c) Before any committee holds a meeting for the purpose of
considering a profiled bill or proposed committee bill (PCB) during the
period when the Legislature is not in session, a notice of such meeting
shall be filed with the Clerk and the Sergeant at Arms no later than
fourteen calendar days before the Friday preceding the week of the
meeting. The committee secretary separately shall send copies of notice
to the members of the committee, the first named sponsor of the bill and
to such other sponsors and members who have requested notice. This
notice shall state the date, time and place of meeting, bill number, and
sufficient title for identification. Whenever timely, the Clerk shall enter
such notices in an interim calendar. When two meetings have been
scheduled by a committee during a 30-day period when the Legislature
is not in session, the chair may provide in the notice for the first meeting
that bills agendaed for the first meeting and not reported out shall be
available for consideration at the second meeting without further notice.

(d) Prefiled bills shall, pursuant to the Constitution of Florida and
the Rules of the House, be given first reading either on the first day of
a regular session or as soon thereafter as possible. The Clerk shall
publish in the Journal the Speaker's reference of those bills.

(e) In the event a profiled bill had received reference to more than
one committee and less than all have considered the bill, the committee
or committees failing to report shall consider the bill during the regular
session.

(f) Notwithstanding the other sections of this Rule, any Member
may, no later than under the order of business of Motions Relating to
Committee References on the next legislative day following introduction
of profiled bills, move for reference to a different committee, which shall
be decided by a majority vote, or for withdrawal from any committee,
which motion shall be adopted by two-thirds vote.

(g) All requirements for the referencing of bills to and the
consideration of bills by committees of the House shall be deemed to
have been met and discharged if the jurisdictional requirements of this
Rule have been complied with as to each of such bills.

101. Reviser's Bills-

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

(a) To reduce the number and bulk of the statutes.

(b) To remove inconsistencies and redundancies in the statutes.

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

Reviser's bills shall always be introduced by the Committee on Rules &
Resolutions which may request prior review by another substantive
committee. They shall be submitted as soon as possible prior to or during
each legislative session. Except with the approval of the Committee on
Rules & Resolutions, reviser's bills may be amended only by making
deletions.

102. Limitation on Bills Pending and Referred to Standing
Committees-

A member, as first named signatory on a bill, shall not have more than
eight bills under consideration, nor more than four bills referenced to
standing committees at any one time during the biennial term of the

Legislature. For the purpose of this rule, bills that have passed the
House, have been withdrawn from further consideration, or laid on the
table shall not be considered under consideration or referenced to a
standing committee. A bill that has been reported unfavorably from a
committee or which has passed all committees of reference, shall no

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111. Right To Open And Close Debate-
The mover of any proposition, or the member reporting any measure
from a committee, or, in the absence of either of them, any other member
designated by such absentee, shall have the right to open and close the

OF REPRESENTATIVES November 19, 1996

longer be considered "referred" to a standing committee for the purpose
of this rule. The limitations set forth herein shall not apply to Local
Bills, Memorials, and House Resolutions.

103. Request for Reference-

A Member may deliver a written request to the Speaker, setting forth
a priority ranking for reference of that Member's pending bills to
standing committees. If no such request is received by the Speaker, the
Speaker may refer any four bills by the member.

IX. FLOOR PROCEDURE
CHAPTER A. Quorum and Attendance
104. Quorum-
A majority of the house shall constitute a quorum to do business.
105. Leave Of Absence-

(a) No member shall be absent from the sessions of the house
without leave, and no member shall be excused on his or her own
motion.

(b) Any member granted a leave of absence due to a meeting of a
committee or conference committee that has authority to meet while the
house is in session shall be so designated on each roll call or registration
for which that member is excused.

106. Failure To Answer Roll Call-

Any member who is present and fails or refuses to record on a roll call
after being requested to do so by the speaker shall be recorded as
present by the Speaker and shall be counted for the purpose of making
a quorum.
CHAPTER B. Speaking and Debate

107. Addressing The House-

When a member desires to speak or deliver any matter to the house,
the member shall rise and respectfully address the speaker as "Mr. (or
Madam) Speaker" and, on being recognized, may address the house from
the microphone at the reading clerk's desk, and shall confine all
remarks to the question under debate, avoiding personalities.

108. When Two Members Rise At Once-

When two or more members rise at once, the speaker shall name the
one who is to speak first. This decision shall be final and not open to
debate or appeal.

109. Recognition-

There shall be no appeal from the speaker's recognition, but the
speaker shall be governed by rules and usage in priority of entertaining
motions from the floor. When a member seeks recognition, the speaker
may ask, "For what purpose does the member rise?" or "For what
purpose does the member seek recognition?"

110. Time for Debate, Interruption Of A Member Who Has The
Floor-

No member shall occupy more than fifteen minutes in debate on any
question. A member who has the floor shall not be interrupted by
another member for any purpose, unless he or she consents to yield to
the other member. A member desiring to interrupt another in debate
should first address the speaker for the permission of the member
speaking. The speaker shall then ask the member who has the floor if
he or she wishes to yield, and then announce the decision of that
member. The member who has the floor may exercise personal
discretion as to whether or not to yield, and it is entirely within the
member's discretion to determine who shall interrupt and when.

JOURNAL OF THE HOUSI

debate, and for this purpose may speak each time not more than 15
minutes.

CHAPTER C. Voting

112. Taking The Yeas And Nays-

The speaker shall declare all votes, but if any member rises to doubt
a vote, upon a showing of hands by five members, the speaker shall take
the sense of the house by rising vote, or he may take the sense of the
house by yeas and nays or by oral or electronic roll call. When taking the
yeas and nays on any question, the electronic roll call system may be
used, and when so used shall have the force and effect of a roll call taken
as provided in these Rules. This system likewise may be used to
determine the presence of a quorum. When the house is ready to vote
upon a question requiring roll call, and the vote is by electronic roll call,
the speaker shall state: "The question is on (designating the matter to
be voted upon). All in favor of such question shall vote 'Yea,' and all
opposed shall vote 'Nay.' The house will now proceed to vote." When
sufficient time has elapsed for each member to vote, the speaker shall
say: "Have all Members voted?" And after a short pause shall state: "The
Clerk shall now lock the machine and record the vote." When the vote
is completely recorded, the Speaker shall announce the result to the
house, and the Clerk shall enter upon the Journal the result in the
manner provided by these Rules.

113. Changing Of Vote-After the result of a roll call has been
announced, a member may advise the Clerk of(1) his wish to be recorded
as to how he would have voted or (2) his wish to change his vote. The
Clerk shall provide forms for the recording of these actions. When timely
made, these requests shall be shown in the Journal beneath the roll call.
Otherwise, the request shall be shown separately in the Journal. In no
instance, other than by reason of a mechanical malfunction, shall the
result of the voting machine roll call on bills be changed.

114. No Member To Vote For Another Except By Request-No
member shall vote for another member except at his request when
absent from his seat but present elsewhere in the Chamber, nor shall
any person not a member cast a vote for a member. In addition to such
penalties as may be prescribed by law, any member who shall vote or
attempt to vote for another member may be punished in such a manner
as the house may deem proper. Any person not a member who shall vote
wrongfully in the place of a member shall be excluded from the Chamber
for the remainder of the session, in addition to such punishment as may
be prescribed by law.

115. Pairing-Pairing shall be permitted only upon the absence of a
member for good cause and shall be in writing and specifically state the
bill or bills or questions upon which pairs are arranged. Paired votes
shall be filed in writing before the vote with the Clerk and recorded in
the Journal as an indication of how both the present and absent member
would have voted. Paired votes shall not be shown on roll calls. The
present Member who pairs is not permitted to vote.

116. Explanation Of Vote-No member shall be permitted to explain
his vote during a roll call, but may reduce his explanation to writing, in
not more than two hundred words, and upon filing with the Clerk, this
explanation shall be spread upon the Journal.

X. ORDER OF BUSINESS AND CALENDARS

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

3. Roll call

4. Pledge of Allegiance

5. Correction of the Journal

6. Communications

7. Messages from the Senate

November 19, 1996

two separate days previous to a voice vote upon adoption.

125. Reading Of House Resolutions-

Each House resolution shall receive two readings by title only
previous to a voice vote upon adoption.

OF REPRESENTATIVES 17

8. Reports of Standing Committees

9. Reports of Select Committees

10. Motions relating to committee references

11. Matters on reconsideration

12. Daily Folder-Calendars of the House as set by the speaker with
bills and joint resolutions on third reading taken up and considered and
then bills, joint resolutions on second reading taken up and considered
and unfinished business. Each Calendar shall be considered during the
periods set forth in that days folder.

13. Introduction and reference

118. Reference: Generally-Bills, upon first reading, whether house
or Senate, shall be referred by the Speaker, pursuant to Rules 102 &
103, either to a committee or to the calendar, as elsewhere provided in
these Rules. The order of reference shall be first to substantive
committees and then to a Fiscal Responsibility committee. If a bill is
referred to more than one fiscal responsibility committee, the Speaker
shall declare which shall first consider the bill. The titles and references
of bills and the nature of any documents referred shall be entered on the
Journal.

119. Reference: Exception-All bills, whether House or Senate, shall
be referred by the Speaker to the appropriate committees except when
the bill is being introduced by a House committee whose jurisdiction
embraces the subject of the bill or, if a senate bill, the House committee
already has a companion bill on the House Calendar.

120. Reference Of Resolutions, Concurrent Resolutions: Exception-
All resolutions shall be referred by the Speaker to the Rules &
Resolutions Committee, except that resolutions on House organization
and concurrent resolutions pertaining to extension of the session, and
those originating in a committee of proper jurisdiction, may be taken up
upon motion and adopted at time of introduction without reference.

121. Reference of Local Bills-General bills of local application and
those local bills which would provide an exception to general law shall
be referred by the Speaker to the committee having general jurisdiction
over local bills and one other substantive standing or select committee
for procedural and substantive review.

122. Reference Of Appropriations Or Tax Measures-

All bills carrying or affecting appropriations or mandating the
expenditure of funds by county or city government, claims bills, and all
bills affecting tax matters, whether state or local, may be referred to the
appropriate committee within the Fiscal Responsibility Council, in
addition to substantive committee referrals. If the original bill did not
affect an appropriation, or affect a tax matter, and an amendment is
adopted that does call for or affect a tax matter, then the bill with the
amendment may, at the Speaker's discretion, be referred to the
appropriate committee within the Fiscal Responsibility Council. The
bill, if then reported favorably, shall be returned to the same reading
when referred.

123. Reading Of Bills and Joint Resolutions-

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

124. Reading Of Concurrent Resolutions And Memorials-

Each concurrent resolution or memorial shall receive two readings on

18 JOURNAL OF THE HOUSE

126. Measures On Third Reading-

Upon the third reading of any bill, it shall not be committed (save to
the appropriate committee within the Fiscal Responsibility Council as
provided elsewhere in these Rules) or amended, except as to title
without consent of two-thirds of the Members voting, nor shall the vote
on passage be postponed to a day certain without the consent of a
majority of those voting.
127. System Of Calendars-

(a) Legislative business of the House shall be controlled by a system
of calendars consisting of the following:

1. Consent calendar, on which shall appear bills ranked by time and
date of placement on the consent calendar that have passed the last
substantive committee of reference unanimously and two days have
passed after Members were noticed of the pending placement of the bill
on the consent calendar and no Member has objected to the bill being
placed on the consent calendar, no amendments to bills on the consent
calendar shall be considered, subject to Rule 135.

2. Local calendar, on which shall appear bills of a local nature. No
bill of a general nature or amendments of a general nature shall be
considered at such time.

3. Governmental services calendar, on which shall appear bills of the
Governmental Services Council in ranked order by the Council.
4. Academic Excellence calendar, on which shall appear bills of the
Academic Excellence Council in ranked order by the Council.
5. Economic Impact calendar, on which shall appear bills of the
Economic Impact Council in ranked order by the Council.

6. Justice calendar, on which shall appear bills of the Justice Council
in ranked order by the Council.

7. Governmental Responsibility calendar, on which shall appear
bills of the Governmental Responsibility Council in ranked order by the
Council.

8. General calendar, on which shall appear bills of the Fiscal
Responsibility Council in ranked order by the Council, the Governor's
proposed budget or any other matters determined by the Speaker.

9. Resolutions calendar, on which shall appear resolutions and
concurrent resolutions as set by the Committee on Rules & Resolutions.

10. Ceremonial Resolutions calendar, on which shall appear
congratulatory and memorial resolutions whose sole intent is to
congratulate, commend congratulation or otherwise recognize,
memorialize, or otherwise express concern or commendations as set by
the Committee on Rules and Resolutions.

(b) Each calendar may be considered as set forth in these Rules for
the allowed time allowed for each calendar. The Speaker shall strictly
enforce this system of calendars and set the appropriate calendars for
consideration by the House at such times and for such duration as the
needs of the House dictate. All scheduling of calendars will be with
proper notice to the Members and public as set forth in these Rules
except the congratulatory and memorial resolutions calendar, the
consent calendar, the resolutions calendar, and the local calendar may
be considered as set forth in Rules 128, 129, and 130.
128. Periods For Consideration Of Congratulatory And Memorial
Calendars-

As the volume of legislation shall warrant, the chair of the committee
on Rules & Resolutions may move to designate periods for the
consideration of the congratulatory and memorial calendar. Each such
motion shall require a two-thirds vote for its adoption. In each instance,
the committee on Rules & Resolutions shall prepare and distribute to

each Member a printed calendar at least 24 hours in advance of the hour
set for consideration. No memorial or congratulatory resolution will be
heard by the full House without first being approved through the
committee process by the committee on Rules & Resolutions. If the
committee on Rules & Resolutions determines that a resolution is not

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printed copy of each calendar shall be placed on the desk of each member
at least 72 hours if convened in regular session and 24 hours if convened
in special session before the calendar may be considered by the House.
Deviations from the calendars as printed and distributed shall not be
permitted except that the Clerk shall be authorized to print and

OF REPRESENTATIVES November 19, 1996

eligible for placement on the congratulatory and memorial calendar the
measure shall be referred by the Speaker to the appropriated committee
for further action. A congratulatory and memorial calendar will contain
the resolution number, the sponsor's name, and a brief description of the
intent of the resolution. Once a printed calendar is distributed, no
additional resolutions will be added to it, and the requirements of this
section shall not be subject to suspension except by unanimous consent.

129. Periods For Consideration Of Local, Consent, And Resolutions
Calendars-

As the volume of legislation shall warrant, the chair of the Rules &
Resolutions Committee shall move to designate periods for the
consideration of local, consent, and resolutions calendars. Each such
motion shall require a two-thirds vote for its adoption. In each instance,
the committee on Rules & Resolutions shall prepare and distribute to
each member a printed calendar at least 48 hours in advance of the hour
set for consideration. Once a printed calendar is distributed, no
additional bills or resolutions will be added to it. This requirement can
be suspended only by unanimous consent. No local, consent, and
resolutions calendar may be considered by the house if it is determined
that the rules of the house were not complied with by the committee on
Rules and Resolutions.

130. Procedure For Consideration Of Local, Consent, And
Resolutions Calendars-

During the consideration of a local, consent, and resolutions calendar
the following procedures shall be observed:

1. The chair shall allow the sponsor of each bill or resolution three
minutes to explain the measure, and the time shall not be extended
except by unanimous consent of the House. This rule shall have
precedence over all other rules limiting time for debate.

2. If it develops that any bill on the local calendar of a local, consent,
and resolutions calendar is not in fact local, as defined by the rules, the
chair shall withdraw the bill from further consideration and remove it
from the calendar.

3. If it develops that any bill or resolution on a local, consent and
resolutions calendar is to be contested on the floor of the House, the
chair shall withdraw the bill or resolution from further consideration
and remove it from the calendar.

4. Any bill or resolution on a local, consent, and resolutions calendar
shall be considered contested if notice is given by five or more members
that they intend to oppose the bill or resolution, either by a raising of
hands or the delivery of written notice to the chair.

5. Any bill or resolution on a local, consent, and resolutions calendar
shall be considered contested if debate after the sponsor's explanation
exceeds 3 minutes. The chair shall strictly enforce this time limit and
automatically withdraw the bill from further consideration if the time
limit herein imposed is exceeded.

6. If any bill, local bill, or resolution is objected to on the Consent
calendar, whether formally or by exceeding the time limits for debate,
the bill or resolution shall be automatically referred back to the Council
over the last substantive committee it passed for ranking.

131. Order Of Consideration Of Calendars in the Daily Folder--
Consideration of calendars shall be in the order as set by the Speaker
pursuant of these rules. With respect to a particular calendar, bills and
resolutions on third reading shall have precedence over bills and
resolutions on second reading.

132. Daily Folder, Supplemental Calendars, And Lists Of Items
Eligible For Consideration-

(a) Calendars shall be printed daily when the House is in session. A

JOURNAL OF THE HOUSE

distribute, not later than two hours before the House convenes, a
supplemental daily House calendar, on which shall appear bills or
resolutions which were passed to third reading on the previous
legislative day.

(b) In addition, when the volume of legislation shall warrant, and
upon request of the Speaker, the Clerk shall have printed and
distributed to the members, a list of Items Eligible for Consideration, on
which shall appear only:

1. Senate messages that are eligible for consideration under these
Rules.

2. Senate bills for which the Senate has requested appointment of a
conference committee; and

3. Conference committee reports that are eligible for consideration
under these Rules.

4. Senate bills not residing in committees.

(c) A copy of the list of Items Eligible for Consideration must be
placed on the desk of each member at least six hours before the list may
be considered by the House.
(d) The time at which the copies of a calendar or list are placed on
the Member's desks or offices of the members shall be time stamped on
the origninals of the calendar or list.

(e) No House calendar shall be eligible for consideration if it is
determined that the Rules of the House were not complied with.

133. Position On A Calendar-

Once a bill or resolution is placed on its appropriate calendar under
these rules, and appears on a House calendar, as printed and
distributed to all member,the bill shall retain its relative position on the
calendar when the calendar is scheduled for floor consideration in the
daily folder.

134. Requirements For Placement On A Calendar-

No bill or resolution shall be placed on a calendar until it has been
referred to one or more appropriate committees and reported favorably
from each committee of reference. All bills and resolutions, on being
reported from the last committee of reference, shall be referred
immediately to the Clerk for printing and then to the appropriate
council for ranking except as provided in Rules 128, 129, and 130.

135. Request For Placement On Local, Consent, Or Resolutions
Calendar-

No bill or resolution shall be considered for placement on a local,
consent, or resolutions calendar unless a request for that placement has
been made to the chair of the committee from which the bill or resolution
was reported and unless the committee report of the committee
recommends that the bill or resolution be sent for placement on an
appropriate calendar. The recommendation of a standing committee
shall be advisory only, and the committee on Rules & Resolutions shall
have final authority to determine whether or not a bill or resolution
shall be placed on a local, consent, or resolutions calendar. If the
committee on Rules & Resolutions determines that the bill or resolution
is not eligible for placement on a local, consent, or resolutions calendar,
the measure shall be sent to the council with jurisdiction for further
action.

136. Consideration limits to bills after day 55.-
After the 55th day of each regular session, no House bills on second
reading shall be taken up and considered by the House except upon a
two-thirds vote to take up and consider such matters.

137. Consideration limits after day 58.-

After the 58th day of each regular session the House shall consider

only the following:

1. Senate Messages

November 19, 1996

the affirmative but the proposition be lost because it is one in which the
concurrence of a greater number than a majority is necessary for
adoption or passage, any Member may move for a reconsideration. No
bill referred or re-referred to a committee, by a vote of the House, shall
be brought back into the House on a motion to reconsider. The motion

OF REPRESENTATIVES 19

2. Conference Reports

3. Concurrent Resolutions

XI. PARLIAMENTARY PROCEDURE

CHAPTER A. Motions and Questions

138. Precedence Of Motions During Debate-When a question is
under debate the Speaker shall receive no motion except:
First-To adjourn;

Second-To recess to a time certain;
Third-To lay on the table;

Fourth-To reconsider;

Fifth-For the previous question;

Sixth-To limit debate;

Seventh-To temporarily postpone;

Eighth-To postpone to a time or day certain;
Ninth-refer to or to recommit;

Tenth-To amend;

Eleventh-To postpone indefinitely;

Twelfth-To amend by striking out the enacting or resolving clause;

which several motions shall have precedence in the descending order
given.
139. Questions Of Order Decided Without Debate-

All incidental questions of order, arising after a motion is made for
any of the questions named in Rule 106 and pending that motion, shall
be decided by the Speaker without debate, whether on appeal or
otherwise.

140. Speaker Explains Order Of Business-

The Speaker may, at his or her discretion, or upon the motion of any
Member, explain the order of business when the motion pending before
the House is not debatable. That explanation shall not consume more
than two minutes

141. To Recess To A Time Certain-

A motion to recess to a time certain shall be treated the same as a
motion to adjourn, except that the motion is debatable when no business
is before the House, and can be amended as to the time and duration of
the recess. It yields only to a motion to adjourn.
142. To Lay On The Table-
A motion to lay on the table is not debatable and cannot be amended.
A motion to table a bill, constitutional amendment, or concurrent or
joint resolution requires an affirmative recorded vote of the majority. A
motion to lay an amendment on the table, if adopted, does not carry with
it a bill, constitutional amendment, or concurrent, joint or house
resolution. A motion to lay an amendment on the table may be adopted
by a majority vote of the Members present and voting.
143. Reconsideration-
When a motion or main question has been made and carried or lost it
shall be in order at any time as a matter of right on the same or
succeeding legislative day for a Member voting with the prevailing side,
or for any Member in the case of a voice or tie vote, to move for
reconsideration thereof. When a majority of Members present vote in

20 JOURNAL OF THE HOUSE

to reconsider shall require for its adoption the affirmative votes of a
majority of the Members present and voting, and such motion shall not
be made on any proposition after once being considered by vote of the
House except by unanimous consent. Debate shall be allowed on a
motion to reconsider only when the question which it is proposed to
reconsider is debatable. Where debate upon a motion to reconsider is in
order, no Member shall speak thereon more than once nor for a longer
period than five minutes. The adoption of a motion to reconsider a vote
upon any secondary matter shall not remove the main subject under
consideration from consideration of the House. A motion to reconsider
a collateral matter must be disposed of at once during the course of the
consideration of the main subject to which it is related and such motion
shall be out of order after the House has passed to other business.

144. The Previous Question-The previous question once agreed to
by a majority vote of the Members present and voting shall put an end
to all debate and bring the House to a vote only on the question then
pending; except that the sponsor of the motion shall be allowed five
minutes to close.

145. A Motion to Temporarily Postpone-

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

146. Motion To Amend-

A motion to amend may itself be amended, but no "amendment to an
amendment" may be amended. A motion to substitute shall be deemed
to be a motion to amend and shall be considered the same as an
amendment.

Only one substitute is in order when an amendment is pending. A
motion to amend or to substitute is debatable, except where the main
question to be amended is not debatable. Any motion to amend may be
adopted by a majority vote of the Members present and voting.

Subject to the above provisions of this rule and other provisions in
these Rules, a motion to amend is in order during the second or third
reading of any bill; however, amendments proposed on third reading
shall require a two-thirds vote for adoption.

147. Motion to Postpone Indefinitely--

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

148. To Amend by Striking Out Enacting or Resolving Clause--

An amendment to strike out the enacting or resolving clause of a bill
shall, if carried, be considered as equivalent to rejection of the bill by the
House.

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

150. Sequence Of Amendments to Amendments-

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151. Germanity of House Amendments-

The House shall not consider any amendment which relates to a
different subject or is intended to accomplish a different purpose than
that of the proposal to which it relates or which, if adopted and passed,
would require a title amendment for the proposal which is substantially
different from the proposal's original title or which would unreasonably
alter the nature of the proposal.
1. Procedure: The Speaker shall rule on the admissibility of any
amendment when the question of germanity is raised, but any such
question shall not be in order once an amendment has been adopted.

2. House amendments which are not germane include:

a. An amendment which incorporates the principal substance of
another pending bill.

b. A general proposition amending a specific proposition.
c. An amendment: 1) amending a statute or session law when the
purpose of the bill is limited to repealing such law; or 2) repealing a
statute or session law when the purpose of the bill is limited to
amending such law.

d. An amendment which substantially expands the scope of the bill.

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

3. Amendments which are germane include:
a. A specific provision amending a general provision.

b. An amendment which accomplishes the same purpose in a
different manner.

c. An amendment limiting the scope of the proposal.

d. An amendment adding appropriations necessary to fulfill the
original intent of a proposal.

e. An amendment relating only to particularized details.
f. An amendment which changes the effective date of a repeal,
reduces the scope of a repeal, or adds a short term non-statutory
transitional provision to facilitate repeal.

4. An amendment to an amendment or a substitute amendment
must be germane to both the amendment and the original proposal.

5. No Member shall be added or deleted as an author or co-author of
a bill or resolution without his or her consent.

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

OF REPRESENTATIVES November 19, 1996

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

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

152. Motions In Writing-Upon request of the Speaker, all motions
shall be reduced to writing and shall be read to the House by the
Speaker before being acted upon.
153. Withdrawal Of Motions-

After a motion is stated by the Speaker, or a bill, resolution, or
petition is read by the clerk, it is in the possession of the House.
154. Motion To Withdraw Or Re-refer Bills-A motion to withdraw
a bill or resolution from committee, or to re-refer a bill or resolution from
one committee to another committee, may be made during the regular
order of business. A motion to re-refer shall only be debated as to the
propriety of the reference, and shall require an affirmative recorded vote
of two-thirds of the Members present and voting.
155. Re-reference Of Measures On File-A motion to re-refer a bill
or resolution that is on the House Daily Folder to committee may be
made during the regular order of business. The motion shall only be
debatable as to the propriety of that reference and shall require an
affirmative recorded majority vote of the Members.
XII. DUE PROCESS PROCEDURES-COMPLAINTS

156. Complaints of Violations of the Standards of Conduct By
Members and Officers of the House; Procedure-
(a) Filing of Complaints. The Chair of the Rules & Calendar
Committee shall receive and initially review allegations of improper
conduct that may reflect upon the House, violations of law, violations of
the House Code of Conduct, and violations of the Rules and regulations
of the House relating to the conduct of individuals in the performance
of their duties as Members or officers of the House. Complaints of
improper conduct against the Chair of the Rules & Resolutions
Committee shall be reviewed and managed by the Speaker or, if
designated by the Speaker, the Speaker Pro Tempore.

(1) Review of Complaints. The Chair of the Rules & Resolutions
Committee shall review each complaint submitted to the Rules &
Resolutions Committee relating to the conduct of a Member or officer of
the House.
(2) Complaints.

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

(3) Processing Complaint and Preliminary Findings.

a. Upon the filing of a complaint, the Chair shall within five (5)
working days notify the Member or officer against whom the complaint
has been filed and give such person a copy of the complaint. Within
twenty (20) days, the Chair shall take the necessary actions as provided
in subparagraphs b.-g. below.
b. The Chair shall examine each complaint for jurisdiction and for
compliance with paragraph (a)(2) of this Rule.

c. Should the Chair determine that a complaint does not comply with
said Rule, the complaint shall be returned to the complainant with a

general statement that the complaint is not in compliance with said
Rule and with a copy of the Rule. A complainant may resubmit a
complaint provided such complaint is resubmitted prior to the
expiration of the time limitation set forth in subsection (o) of this Rule.

d. Should the Chair determine that the verified complaint does not
allege facts sufficient to constitute a violation of any of the provisions of
the House Code of Conduct, or a law, rule, regulation or other standard
of conduct, the Chair shall dismiss the complaint and notify the
complainant and the respondent of such action.

e. Should the Chair determine that the complaint is outside the
jurisdiction of the House, the Chair shall dismiss the complaint and
notify the complainant and the respondent of such action.

f. Should the Chair determine that a violation is inadvertent,
technical, or otherwise of a de minimis nature, the Chair may attempt
to correct or prevent such a violation by informal means.

g. Should the Chair determine that such a complaint does allege
facts sufficient to constitute a violation of any of the provisions of the
House Code of Conduct, or a law, rule, regulation or other standard of
conduct, and that the complaint is not de minimis in nature, the Chair
shall days transmit a copy of the complaint to the Speaker and, in
writing, request the appointment of a Probable Cause Panel or Special
Master regarding the complaint. A copy of the letter shall be provided
to the complainant and the respondent.

(4) Withdrawal of Complaints. A complaint may be withdrawn at
any time.

(b) Probable Cause Panel or Special Master.

(1) Creation. Whenever the Speaker receives a copy of a complaint
and request made pursuant to subsection (a) of this Rule, the Speaker
shall, within twenty (20) days, either (1) appoint a Probable Cause Panel
(the panel) consisting of an odd number of members or (2) appoint a
Special Master. If the Speaker appoints a Probable Cause Panel, the
Speaker shall also appoint one member of the panel as its chair. The
Speaker may appoint up to two additional persons who are not Members
of the House to serve as 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 and officers of the House of Representatives in the
performance of their duties and the discharge of their responsibilities;

d. adopt rules of procedure as appropriate to its needs.

(3) Quorum.
A quorum of a Probable Cause Panel, when appointed, shall consist
of a majority of the members of the panel. All action by a Probable Cause
Panel shall require the concurrence of a majority of the full panel.

(4) Term. 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.

November 19, 1996

21

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(c) Preliminary Investigation and Probable Cause Finding.

(1) Preliminary Investigation.

a. The Probable Cause Panel or the Special Master shall provide the
respondent an opportunity to present to the panel, the Special Master,
or staff of the panel, orally or in writing, a statement addressing the
allegations.
b. The panel, Special Master, or the staff of the panel may interview
witnesses and examine documents and other evidentiary matters.

c. The panel or Special Master may order the testimony of witnesses
to be taken under oath, in which event the oath may be administered by
the chair or any other member of the panel, by the Special Master, or by
any person authorized by law to administer oaths.

d. The panel or Special Master may require, by subpoena issued
pursuant to these Rules or otherwise, the attendance and testimony of
witnesses and the production of such books, records, correspondence,
memoranda, papers, documents, and other items as it deems necessary
to the conduct of the inquiry.
(2) Probable Cause Finding.

a. Panel Findings

1. The panel, by a recorded vote of a majority of the full panel, or the
Special Master, as appropriate, shall determine whether there is
probable cause to conclude that a violation within the jurisdiction of the
panel or the Special Master has occurred.
2. Should the panel or Special Master, as appropriate, find that
probable cause does not exist, the panel or Special Master shall dismiss
the complaint and notify the complainant and the respondent of its
determination.

3. Should the panel or Special Master, as appropriate, determine
that probable cause exists to believe that a violation occurred but that
the violation, if proven, is neither of a de minimis nature nor sufficiently
serious to justify expulsion, censure, or reprimand, the panel or Special
Master may recommend an appropriate, lesser penalty or may resolve
the complaint informally. If the respondent agrees, a summary of the
panel's conclusions or Special Master's conclusions, as is appropriate,
shall be published in the House Journal and the agreed penalty shall be
imposed. Should the panel or Special Master be unable to satisfactorily
settle the complaint, the complaint shall be subject to a full evidentiary
hearing before the Select Committee on Standards of Official Conduct
pursuant to subsection (d) of this Rule.

4. Should the panel or Special Master determine that probable cause
exists to believe that a violation occurred and that, if proven, would be
sufficiently serious tojustify expulsion, censure, or reprimand, the panel
or Special Master sha 11 cause to be transmitted to the respondent a
Statement of Alleged Violation. The statement shall be divided into
counts, and each count shall be related to a separate violation and shall
contain a plain and concise statement of the alleged facts of such
violation, including a reference to the provision of the House Code of
Conduct or law, rule, regulation or other standard of conduct alleged to
have been violated. A copy of the statement shall also be transmitted to
the Speaker.

b. Collateral Proceedings. Should the complaint against a Member
or officer of the House have been the subject of action before any other
body, the panel or Special Master may forward the complaint directly to
a hearing pursuant to subsection (d) of this Rule.
(d) Hearing.
(1) Select Committee on Standards of Official Conduct. Upon receipt
by the Speaker of a Statement of Alleged Violation, the Speaker shall
appoint, within twenty (20) days, a Select Committee on Standards of
Official Conduct (the select committee) to hold hearings regarding the
statement and make a recommendation for disciplinary action to the full

House. Upon the receipt by the Speaker of a complaint and findings by
the Commission on Ethics regarding a Member of the House, the
Speaker shall appoint, within twenty (20) days, a Select Committee on

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

1. The chair or the referee shall open the hearing by stating the
select committee's authority to conduct the hearing, the purpose of the
hearing, and its scope.

November 19, 1996

22

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2. Testimony from witnesses and other evidence pertinent to the
subject of the hearing shall be received in the following order whenever
possible: (i) witnesses and other evidence offered by the independent
counsel; (ii) witnesses and other evidence offered by the respondent; and
(iii) rebuttal witnesses. (The select committee may call witnesses at any
time during the proceedings.)
3. Witnesses at the hearing shall be examined first by the
independent counsel. The respondent or the respondent's counsel may
then cross-examine the witnesses. The members of the select committee
may then question the witnesses. Redirect and recross may be permitted
in the chair's or the referee's discretion. With respect to witnesses
offered by the respondent, a witness shall be examined first by the
respondent or the respondent's counsel, and then may be cross-
examined by the independent counsel. Members of the select committee
may then question the witness. Redirect and recross may be permitted
in the chair's or the referee's discretion. (Participation by the select
committee at the hearing stage is at the sole discretion of the select
committee and is not mandatory.)
(4) Burden of Proof. At the hearing, the burden of proof rests on the
appointed independent counsel to establish the facts alleged by clear
and convincing evidence with respect to each count.
(e) Committee Recommended Order.
(1) Committee Deliberations. As soon as practicable, the select
committee shall consider each count contained in a statement of alleged
violation or in a complaint and findings, as the case may be. A count
shall not be proven unless at least a majority of the select committee
votes for a motion that the count has been proved. A count that is not
proved shall be considered as dismissed by the select committee.
(2) Dismissal of Complaint. After the hearing, the select committee
shall, in writing, state its findings of fact. If the select committee finds
that the respondent has not violated any of the provisions of the House
Code of Conduct, or a law, rule, regulation or other standard of conduct,
it shall order the action dismissed and shall notify the respondent and
the complainant of such action.
(3) Recommended Order.
a. Recommended Order. If the select committee finds that the
respondent has violated any of the provisions of the House Code of
Conduct, or a law, rule, regulation, or other standard of conduct, it shall,
in writing, state its findings of fact and submit a report to the House. A
copy of the report shall be sent to the respondent and the complainant
and shall be published in the House Journal.
b. Penalty. With respect to any violation with which a Member or
officer of the House is charged in a count that the select committee has
voted as proved, the select committee may recommend to the House that
the Member or officer be fined, censured, reprimanded, placed on
probation or expelled, as appropriate, or may recommend such other
lesser penalty as may be appropriate.
(f) Proposed Recommended Order.
(1) Referee. When a hearing is conducted by referee, as provided in
subsection (i) of this Rule, the referee shall prepare a proposed
recommended order and file it, together with the record of the hearing,
with the select committee. Copies of the proposed recommended order
shall be served on all parties.
(2) Proposed Recommended Order. The proposed recommended
order will contain the time and place of the hearing, appearances
entered at the hearing, issues, and proposed findings of fact and
conclusions of law.
(3) Exceptions. The respondent and the independent counsel may
file written exceptions with the select committee in response to a
referee's recommended order. Exceptions shall be filed within twenty
(20) days after service of the reco mmended order unless such time is
extended by the referee or the chair of the select committee.

(4) Recommended Order. The select committee shall deliberate and
render a recommended order pursuant to the provisions of subsection (e)
of this Rule.

November 19, 1996

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

OF REPRESENTATIVES 23

(g) Consent Decrees. At any stage of the proceedings, the
respondent and the select committee may agree to a consent decree. The
consent decree shall state findings of fact and shall be published in the
House Journal. The consent decree shall contain such penalty as may be
appropriate. Should the House accept the consent decree, the complaint
pursuant to these proceedings shall be resolved. Should the House not
accept the consent decree, the proceedings before the select committee
shall resume.

(h) Confidentiality. Any material provided to the House in
response to a complaint filed under this Rule which is confidential under
applicable law shall remain confidential and shall not be disclosed
except as authorized by applicable law. Except as otherwise provided in
this section, a complaint and the records relating to a complaint shall be
available for public inspection upon the dismissal of a complaint by the
Chair of the Committee on Rules & Calendar, a determination as to
probable cause or informal resolution of a complaint by a Special Master
or panel, or the receipt by the Speaker of a request in writing from the
respondent that the complaint and other records relating to the
complaint be made public records.

(i) Referee. The Select Committee on Standards of Official Conduct
may, in its discretion and with the approval of the Speaker, employ a
referee to preside over the proceedings, to hear testimony, and to make
findings of fact and recommendations to the select committee
concerning the disposition of complaints.

(j) Independent Counsel. The Select Committee on Standards of
Official Conduct is authorized to retain and compensate counsel not
regularly employed by the House, as authorized by the Speaker.

(k) Attorney's Fees. When a Probable Cause Panel or a Special
Master finds that probable cause does not exist or the select committee
finds that the respondent has n ot violated any of the provisions of the
House Code of Conduct or a law, rule, regulation or other standard of
conduct, the panel or Special Master or the select committee may
recommend to the Speaker that the reasonable attorney's fees and costs
incurred by the respondent be paid by the House. Payment of such
reasonable fees and costs shall be subject to the approval of the Speaker.

(1) Eligibility; Speaker of the House. In the event that any
allegation under this Rule involves the conduct or activities of the
Speaker, the duties of the Speaker pursuant to this Rule shall be
transferred to the Speaker pro tempore.

(m) Collateral Actions.

(1) Criminal Actions. Any criminal complaints relating to
Members shall be governed by these Rules.

(2) Commissions or Quasi-Judicial Agencies with Concurrent
Jurisdiction. Should a complaint against a Member or an officer of the
House be filed with a commission or quasi-judicial agency with
concurrent jurisdiction, the Chair of the Rules & Resolutions
Committee, a Probable Cause Panel or a Special Master, and the Select
Committee on Standards of Official Conduct shall have the discretion to
refrain from processing a similar complaint until such commission or
quasi-judicial agency has completed its review of the matter. Should
such a complaint be filed initially with the Chair of the Rules &
Resolutions Committee and subsequently filed with a commission or
quasi-judicial agency with concurrent jurisdiction, the Chair 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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

b. a party to the proceeding or any person who, directly or indirectly,
would have a substantial interest in the action of the panel, Special
Master or select committee, or their authorized representatives or
counsel.

(2) Except when acting within their official capacity as a Special
Master or as a member of a panel or select committee, a Special Master
or a member of a Probable Cause Panel or of a Select Committee on
Standards of Official Conduct shall not comment upon or discuss with
any other person the matters which occasioned the appointment of the
Special Master, panel or select committee during the pendency of
proceedings held pursuant to this Rule before the Special Master, panel
or select committee. This section shall not apply to communications
initiated or considered by the Special Master or the chair of the panel
or select committee relating to a settlement pursuant to subparagraph
(c)(2)a.3. of this Rule or to a consent decree authorized pursuant to
subsection (g) of this Rule.

(o) Time Limitations.

(1) On or after the effective date of these Rules, all sworn complaints
alleging violations of the House Code of Conduct, including violations of
law, or violations of the rules and regulations of the House shall be filed
with the Rules & Calendar Committee within two (2) years of the
alleged violation.

(2) A violation of the House Code of Conduct is committed when
every element of the Rule has occurred and time starts to run on the day
after the violation occurred.

(3) The applicable period of limitation is tolled on the day a sworn
complaint against the Member or officer is filed with the Rules &
Calendar Committee. If it can be concluded from the face of the
complaint that the applicable period of limitation has run, the
allegations shall not be considered a complaint for the purpose of
requiring action by the Chair of the Rules & Calendar Committee. The
complaint and all material related thereto shall remain confidential.

157. Penalties for Violations-

Separately from any prosecutions or penalties otherwise provided by
law, any Member of the House determined to have violated the foregoing
requirements of this Rule shall be fined, censured, reprimanded, placed
on probation or expelled, or have such other lesser penalty imposed as
may be appropriate. Such determination and disciplinary action shall be
taken by a two-thirds vote of the House, except that expulsions shall
require two-thirds vote of the membership, upon recommendation of the
select committee so designated under Rule 156.

158. Complaints of Violations Relating to Lobbyists; Procedure-

Filing of Complaints. The Chair of the Rules & Resolutions
Committee shall receive and initially review allegations of violations of
the House Rules, Joint Rule 1, or violations of a law, rule or other
standard of conduct by a lobbyist.

(1) Review of Complaints. Chair of the Rules & Resolutions
Committee shall review each complaint submitted to the Rules &
Calendar Committee relating to the conduct of a lobbyist.

(2) Complaints.

a. A complaint shall be in writing and under oath, setting forth in
simple, concise statements the following:

1. the name and legal address of the party filing the complaint
(complainant).

2. the name and address of the lobbyist (respondent) alleged to be in
violation of the House Rules, Joint Rule 1, or a law, rule, or other
standard of conduct.

3. the nature of the alleged violation based upon the personal

knowledge of the complainant, including, if possible, the specific section
of the House Rules, Joint Rule 1, or law, rule, or other standard of
conduct alleged to have been violated.

4. the facts alleged to give rise to the violation.

b. All documents in the possession of the complainant that are
relevant to, and in support of, the allegations shall be attached to the
complaint.

(3) Processing Complaint and Preliminary Findings.

a. Upon the filing of a complaint, the Chair shall within five (5)
working days notify the lobbyist against whom the complaint has been
filed and give such person a copy of the complaint. Within twenty (20)
days, the Chair shall take the necessary actions as provided in
subparagraphs b.-g. below.

b. The Chair shall examine each complaint for jurisdiction and for
compliance with paragraph (a)(2) of this Rule.

c. Should the Chair determine that a complaint does not comply with
said Rule, the complaint shall be returned to the complainant with a
general statement that the complaint is not in compliance with said
Rule and with a copy of the Rule. A complainant may resubmit a
complaint provided such complaint is resubmitted prior to the
expiration of the time limitation set forth in subsection (m) of this Rule.

d. Should the Chair determine that the verified complaint does not
allege facts sufficient to constitute a violation of any of the provisions of
the House Rules, Joint Rule 1, or a law, rule, or other standard of
conduct, the Chair shall dismiss the complaint and notify the
complainant and the respondent of such action.

e. Should the Chair determine that the complaint is outside the
jurisdiction of the House, the Chair shall dismiss the complaint and
notify the complainant and the respondent of such action.

f. Should the Chair determine that a violation is inadvertent,
technical, or otherwise of a de minimis nature, the Chair may attempt
to correct or prevent such a violation by informal means.

g. Should the Chair determine that such a complaint does allege
facts sufficient to constitute a violation of any of the -provisions of the
House Rules, Joint Rule 1, or a law, rule, or other standard of conduct,
and that the complaint is not de minimis in nature, the Chair shall
transmit a copy of the complaint to the Speaker and, in writing, request
the appointment of a Probable Cause Panel or Special Master regarding
the complaint. A copy of the letter shall be provided to the complainant
and the respondent.

(4) Withdrawal of Complaints. A complaint may be withdrawn at
any time.

(b) Probable Cause Panel or Special Master.

(1) Creation. Whenever the Speaker receives a copy of a complaint
and request made pursuant to subsection (a) of this Rule, the Speaker
shall, within twenty (20) days, either (1) appoint a Probable Cause Panel
(the panel) consisting of an odd number of members or (2) appoint a
Special Master. If the Speaker appoints a Probable Cause Panel, the
Speaker shall also appoint one member of the panel as its chair. The
Speaker may appoint up to two additional persons who are not Members
of the House to serve as non-voting, public members of a Probable Cause
Panel.

(2) Powers and Duties. The members of the panel or the Special
Master shall have the following powers and duties:

a. investigate complaints and make appropriate findings of fact
promptly regarding allegations of improper conduct sufficient to
establish probable cause of violations of the House Rules, Joint Rule 1,
or a law, rule or other standard of conduct;

b. based upon the investigation by the Special Master or the panel,
make and report findings of probable cause to the Speaker and to the
House as it relates to the complaint which occasioned the appointment
of the Probable Cause Panel or the Special Master;

c. recommend to the Rules & Calendar Committee such additional
rules or regulations as the Probable Cause Panel or the Special Master

24

November 19, 1996

JOURNAL OF THE HOUSE

shall determine as necessary or desirable to insure proper standards of
conduct by lobbyists;

d. adopt rules of procedure as appropriate to its needs.

(3) Quorum. A quorum of a Probable Cause Panel, when
appointed, shall consist of a majority of the members of the panel. All
action by a Probable Cause Panel shall require the concurrence of a
majority of the full panel.

(4) Term. A Probable Cause Panel or Special Master, as appropriate,
shall serve until the complaint which occasioned the appointment of the
panel or the Special Master has been dismissed or until a finding of
probable cause has been transmitted to the Speaker.

(c) Preliminary Investigation and Probable Cause Finding.

(1) Preliminary Investigation.

The Probable Cause Panel or the Special Master shall provide the
respondent an opportunity to present to the panel, the Special Master,
or staff of the panel, orally or in writing, a statement addressing the
allegations.

b. The panel, Special Master, or the staff of the panel may interview
witnesses and examine documents and other evidentiary matters.

c. The panel or Special Master may order the testimony of witnesses
to be taken under oath, in which event the oath may be administered by
the chair or any other member of the panel, by the Special Master, or by
any person authorized by law to administer oaths.

d. The panel or Special Master may require, by subpoena issued
pursuant to these Rules or otherwise, the attendance and testimony of
witnesses and the production of such books, records, correspondence,
memoranda, papers, documents, and other items as it deems necessary
to the conduct of the inquiry.

(2) Probable Cause Finding.

a. The panel, by a recorded vote of a majority of the full panel, or the
Special Master, as appropriate, shall determine whether there is
probable cause to conclude that a violation within the jurisdiction of the
panel or the Special Master has occurred.

b. Should the panel or Special Master, as appropriate, find that
probable cause does not exist, the panel or Special Master shall dismiss
the complaint and notify the complainant and the respondent of its
determination.
c. Should the panel or Special Master, as appropriate, determine
that probable cause exists to believe that a violation occurred but that
the violation, if proven, is neither of a de minimis nature nor sufficiently
serious to justify the imposition of a penalty pursuant to Rule 159, the
panel or Special Master may recommend an appropriate, lesser penalty
or may resolve the complaint informally. If the respondent agrees, a
summary of the panel's conclusions or Special Master's conclusions, as
is appropriate, shall be published in the House Journal and the agreed
penalty shall be imposed. Should the panel or Special Master be unable
to satisfactorily settle the complaint, the complaint shall be subject to
a full evidentiary hearing before the Select Committee on Lobbyist
Conduct pursuant to subsection (d) of this Rule.

d. Should the panel or Special Master determine that probable cause
exists to believe that a violation occurred and that, if proven, would be
sufficiently serious to justify imposition of a penalty pursuant to Rule
159, the panel or Special Master shall cause to be transmitted to the
respondent a Statement of Alleged Violation. The statement shall be
divided into counts, and each count shall be related to a separate
violation and shall contain a plain and concise statement of the alleged
facts of such violation, including a reference to the provision of the
House Rules, Joint Rule 1, or law, rule, or other standard of conduct
alleged to have been violated. A copy of the statement shall also be

transmitted to the Speaker.
(d) Hearing.

November 19, 1996

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:

OF REPRESENTATIVES 25

(1) Select Committee on Lobbyist Conduct. Upon receipt by the
Speaker of a Statement of Alleged Violation, the Speaker shall appoint,
within twenty (20) days, a Select Committee on Lobbyist Conduct (the
select committee) to hold hearings regarding the statement and make a
recommendation for disciplinary action to the full House.
(2) Hearing. A hearing regarding a violation charged in a
Statement of Alleged Violation shall be held promptly to receive
evidence upon which to base findings of fact and recommendations, if
any, to the House respecting such violation. The hearing before the
select committee shall be subject to Rule 61.

a. Chair. The chair of the select committee or other member
presiding at a hearing shall rule upon any question of admissibility of
testimony or evidence presented to the selec committee. Rulings shall be
final unless reversed or modified by a majority vote of the members of
the select committee who are present. Should the select committee
appoint a referee pursuant to subsection (i) of this Rule, the referee shall
make all evidentiary rulings.

b. Referee. The select committee shall serve as referee for all
proceedings under these Rules, unless the select committee retains an
independent referee pursuant to subsection (i) of this Rule.

c. Prosecutor. The select committee's staff shall serve as
prosecutor in all proceedings conducted under these Rules unless the
select committee retains independent counsel pursuant to subsection (j)
of this Rule.
d. Respondent's Rights. The respondent shall have the right to be
represented by legal counsel, to call witnesses, to introduce exhibits, and
to cross-examine opposing witnesses. The respondent or respondent's
counsel shall be permitted to take the deposition of the complainant in
accordance with subparagraph (d)(3)a.3.

e. Complainant's Rights. The complainant is not a party to any
part of the complaint process or these proceedings. The complainant has
no standing to challenge these Rules or procedures and has no right to
appeal. The complainant may submit a list of witnesses or questions for
the select committee's consideration to assist in its preparation for the
hearing.

(3) Procedures.

a. Procedure and Evidence.

1. Procedure. The select committee may adopt rules of procedure
as appropriate to its needs.
2. Evidence. Irrelevant, immaterial, or unduly repetitious
evidence shall be excluded, but all other evidence of a type commonly
relied upon by reasonably prudent persons in the conduct of their affairs
shall be admissible, whether or not such evidence would be admissible
in a trial in the courts of Florida. However, hearsay evidence may not
be used unless same would be admissible under the Florida Rules of
Evidence and it shall not be sufficient in itself to support a factual
finding unless it would be admissible over objection in civil actions.

3. Discovery. Discovery may be permitted upon motion, which
shall state the reason therefore. Discovery shall be in accordance with the
Florida Rules of Civil Procedure, but may be limited in time, scope and
method by the chair or the referee.
4. Testimony. The select committee shall order the testimony of
witnesses to be taken under oath, in which event the oath may be
administered by the chair or a member of the select committee, by any
referee appointed pursuant to subsection (i) of this Rule, or by any
person authorized by law to administer oaths.
5. Subpoenas. The select committee may require, by subpoena
issued pursuant to these Rules or otherwise, the attendance and
testimony of witnesses and the production of such books, records,

26 JOURNAL OF THE HOUSE

1. The chair or the referee shall open the hearing by stating the
select committee's authority to conduct the hearing, the purpose of the
hearing, and its scope.

2. Testimony from witnesses and other evidence pertinent to the
subject of the hearing shall be received in the following order whenever
possible: (i) witnesses and other evidence offered by the select
committee's staff or the independent counsel; (ii) witnesses and other
evidence offered by the respondent; and (iii) rebuttal witnesses. (The
select committee may call witnesses at any time during the
proceedings.)
3. Witnesses at the hearing shall be examined first by the select
committee's staff or the independent counsel. The respondent or the
respondent's counsel may then cross-examine the witnesses. The
members of the select committee may then question the witnesses.
Redirect and recross may be permitted in the chair's or the referee's
discretion. With respect to witnesses offered by the respondent, a
witness shall be examined first by the respondent or the respondent's
counsel, and then may be cross-examined by select committee's staff or
the independent counsel. Members of the select committee may then
question the witness. Redirect and recross may be permitted in the
chair's or the referee's discretion. (Participation by the select committee
at the hearing stage is at the sole discretion of the select committee and
is not mandatory.)
(4) Burden of Proof. At the hearing, the burden of proof rests on the
select committee's staff or the appointed independent counsel to
establish the facts alleged by clear and convincing evidence with respect
to each count.

(e) Committee Recommended Order.

(1) Committee Deliberations. As soon as practicable, the select
committee shall consider each count contained in a statement of alleged
violation or in a complaint and findings, as the case may be. A count
shall not be proven unless at least a majority of the select committee
votes for a motion that the count has been proved. A count that is not
proved shall be considered as dismissed by the select committee.

(2) Dismissal of Complaint. After the hearing, the select committee
shall, in writing, state its findings of fact. If the select committee finds
that the respondent has not violated any of the provisions of the House
Rules, Joint Rule 1, or a law, rule, or other standard of conduct, it shall
order the action dismissed and shall notify the respondent and the
complainant of such action.
(3) Recommended Order.
a. Recommended Order. If the select committee finds that the
respondent has violated any of the provisions of the House Rules, Joint
Rule 1, or a law, rule, or other standard of conduct, it shall, in writing,
state its findings of fact and submit a report to the House. A copy of the
report shall be sent to the respondent and the complainant and shall be
published in the House Journal.

b. Penalty. With respect to any violation with which a lobbyist is
charged in a count that the select committee has voted as proved, the
select committee may recommend to the House that the lobbyist be
censured, reprimanded, or prohibited from lobbying for all or any part
of the legislative biennium during which the violation occurred, or such
other penalty as may be appropriate.

(f) Proposed Recommended Order.

(1) Referee. When a hearing is conducted by referee, as provided in
subsection (i) of this Rule, the referee shall prepare a proposed
recommended order and file it, together with the record of the hearing,
with the select committee. Copies of the proposed recommended order
shall be served on all parties.
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

;]

(1) On or after the effective date of these Rules, all sworn complaints
alleging violations of the House Rules, or Joint Rule 1, or violations of
law shall be filed with the Rules & Calendar Committee within two (2)
years of the alleged violation.

E OF REPRESENTATIVES November 19, 1996

referee's recommended order. Exceptions shall be filed within twenty
(20) days after service of the recommended order unless such time is
extended by the referee or the chair of the select committee.
(4) Recommended Order. The select committee shall deliberate
and render a recommended order pursuant to the provisions of
subsection (e) of this Rule.

(g) Consent Decrees. At any stage of the proceedings, the
respondent and the select committee may agree to a consent decree. The
consent decree shall state findings of fact and shall be published in the
House Journal. The consent decree shall contain such penalty as may be
appropriate. Should the House accept the consent decree, the complaint
pursuant to these proceedings shall be resolved. Should the House not
accept the consent decree, the proceedings before the select committee
shall resume.

(h) Confidentiality. Any material provided to the House in
response to a complaint filed under this Rule which is confidential under
applicable law shall remain confidential and shall not be disclosed
except as authorized by applicable law. Except as otherwise provided in
this section, a complaint and the records relating to a complaint shall be
available for public inspection upon the dismissal of a complaint by the
Chair of the Committee on Rules & Calendar, a determination as to
probable cause or informal resolution of a complaint by a Special Master
or panel, or the receipt by the Speaker of a request in writing from the
respondent that the complaint and other records relating to the
complaint be made public records.

(i) Referee. The Select Committee on Lobbyist Conduct may, in its
discretion and with the approval of the Speaker, employ a referee to
preside over the proceedings, to hear testimony, and to make findings of
fact and recommendations to the select committee concerning the
disposition of complaints.
(j) Independent Counsel. The Select Committee on Lobbyist
Conduct is authorized to retain and compensate counsel not regularly
employed by the House, as authorized by the Speaker.
(k) Eligibility; Speaker of the House. In the event that any
allegation under this Rule involves the conduct or activities of the
Speaker, the duties of the Speaker pursuant to this Rule shall be
transferred to the Speaker pro tempore.

(1) Ex Parte Communications.

(1) A Special Master or a member of a Probable Cause Panel or of a
Select Committee on Lobbyist Conduct shall not initiate or consider any
ex parte communication relative to the merits of a pending complaint
proceeding by:
a. any person engaged in prosecution or advocacy in connection with
the matter; or

b. a party to the proceeding or any person who, directly or indirectly,
would have a substantial interest in the action of the panel, Special
Master or select committee, or their authorized representatives or
counsel.
(2) Except when acting within their official capacity as a Special
Master or as a member of a panel or select committee, a Special Master
or a member of a Probable Cause Panel or of a Select Committee on
Lobbyist Conduct shall not comment upon or discuss with any other
person the matters which occasioned the appointment of the Special
Master, panel or select committee during the pendency of proceedings
held pursuant to this Rule before the Special Master, panel or select
committee. This section shall not apply to communications initiated or
considered by the Special Master or the chair of the panel or select
committee relating to a settlement pursuant to subparagraph (c)(2)c. of
this Rule or to a consent decree authorized pursuant to subsection (g) of
this Rule.
(m) Time Limitations.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(2) A violation of the House Rules is committed when every element
of the Rule has occurred and time starts to run on the day after the
violation occurred.

(3) The applicable period of limitation is tolled on the day a sworn
complaint against the lobbyist is filed with the Rules & Calendar
Committee. If it can be concluded from the face of the complaint that the
applicable period of limitation has run, the allegations shall not be
considered a complaint for the purpose of requiring action by the Chair
of the Rules & Calendar Committee. The complaint and all material
related thereto shall remain confidential.

159. Penalties for Violations-

Separately from any prosecutions or penalties otherwise provided by
law, any person determined to have violated the foregoing requirements
of this Rule or any provision in Joint Rule 1 adopted by the House and
the Senate, or other law may be reprimanded, censured, prohibited from
lobbying for all or any part of the legislative biennium during which the
violation occurred, or such other penalty as may be appropriate. Said
determination shall be made by a majority of the House, upon
recommendation of the committee so designated under Rule 158.

XIII. MISCELLANEOUS

160. Privilege of the Floor-

Other than present Members of the House and of the Senate, the
persons hereinafter named, and none other, shall be admitted during
regular daily sessions to the Chamber of the House, viz: The Governor,
Lieutenant Governor and Cabinet Members, Justices of the Supreme
Court, Members of Congress, contestants in election cases during the
pendency of their cases in the House, such persons as have, by name,
received the thanks of the Legislature; former Governors, former
Members of the Cabinet, and former Members of the House and Senate
who are not interested in any claim or directly in any bill pending before
the Legislature, and such employees of the House as may be needed on
public business, including such committee staff as shall be designated
by committee chairs and approved by the Speaker. Visiting dignitaries
or official guests may be granted the privilege of the floor upon motion
adopted by a majority of the House. Persons granted the privilege of the
floor shall not lobby the Members while the House is in session, unless
requested to address the House.

161. Qualifications and Elections of Members-In cases of contest
for a seat in the House, notice setting forth the specific grounds of such
contest and evidence in support thereof shall be received by the Clerk
not less than five days before the organization session of the Legislature.
No motion to disqualify a member shall be in order at the organizational
session until a Speaker has been elected in accordance with the Florida
Constitution. In the case of a special election, notice shall be five days
before the next regular or special session convenes, unless the election
is during a session or less than five days before the next session, in
which case the notice must be on the next legisltaive day following the
receipt of certified election results. Any contest setting forth facts
sufficient shall be referred by the Speaker to the appropriate committee.
The committee shall hold a hearing and report its findings and
recommendations as speedily as reasonably possible. Upon receipt of the
committee report, the House shall with all dispatch, upon motion,
determine the contest by a majority vote.

162. House Seal-

The House seal shall be used only by or on behalf of a member of the
House or when specifically authorized by the Committee on Rules &
Resolutions.

-was read the first time by title and the second time by title.

Representatives) Arnall offered the following:

Amendment 1-On page 2, lines 7-9, delete paragraph (e) in its
entirety

"Rep. Arnall moved the adoption of the amendment. Subsequently,
Amendment 1 was withdrawn.

Representatives) Arnall offered the following:

Amendment 2-On page 10, line 5, delete "and vice chair" and
insert: vice chair and any co-chairs he deems necessary

Rep. Arnall moved the adoption of the amendment, which was
adopted.

Representatives) Logan offered the following:

Amendment 3-On page 103, line 7, insert:

163. These rules shall be automatically repealed on midnight of the
1st day of the next legislative session of the 78th House of
Representatives.

Rep. Logan moved the adoption of the amendment, which was
adopted.

Rep. Starks moved the previous question on the resolution, which was
agreed to.

Rep. Bainter suggested the absence of a quorum. A quorum was
present.

On motion by Rep. Warner, the resolution was adopted. The vote was:

Yeas-66
The Chair
Albright
Andrews
Argenziano
Arnall
Bainter
Ball
Barreiro
Bitner
Bronson
Brooks
Burroughs
Byrd
Carlton
Casey
Constantine
Crady

Nays-54
Arnold
Betancourt
Bloom
Boyd
Bradley
Brennan
Brown
Bullard
Bush
Chestnut
Clemons
Cosgrove
Dawson-White
Dennis

Crist
Crow
Culp
Diaz de la Portilla
Dockery
Fasano
Feeney
Flanagan
Fuller
Futch
Garcia
Gay
Harrington
Jones
King
Lacasa
Laurent

Edwards
Effman
Eggelletion
Fischer
Frankel
Geller
Goode
Greene
Hafner
Healey
Heyman
Hill
Horan
Jacobs

Littlefield
Livingston
Lynn
Mackey
Maygarden
Melvin
Merchant
Morroni
Morse
Ogles
Posey
Pruitt, K.
Putnam
Rodriguez-Chomat
Rojas
Safley
Sanderson

Kelly
Kosmas
Lawson
Lippman
Logan
Mackenzie
Martinez
Meek
Miller
Minton
Murman
Peaden
Prewitt, D.
Rayson

Saunders
Sembler
Sindler
Smith
Stabins
Starks
Sublette
Thrasher
Trovillion
Valdes
Villalobos
Wallace
Warner
Wise
Ziebarth

Reddick
Ritchie
Ritter
Roberts-Burke
Silver
Spratt
Stafford
Tobin
Turnbull
Wasserman Schultz
Westbrook
Wiles

Remarks Relating to HR 1-Org.

On motion by Rep. Sanderson, the following remarks were ordered
spread upon the Journal.

Speaker Webster: Representative Warner, you are recognized to
explain the resolution.

Rep. Warner: Thank you, Mr. Speaker. Members, I will attempt to
hit some of the highlights of the substantive changes in the Rules as
incorporated in the resolution that is before the House.

November 19, 1996

27

28 JOURNAL OF THE HOUSE

The first thing that I think I'd like to discuss and explain to the House
is Rule 44, which I believe starts on page 19 of the Rules that they
handed out. That is the organization of standing committees.

There are proposed in this Rule, 35 standing committees. That
includes the Committees on Appropriations and Finance & Tax. The
most important thing about that particular rule change is that we have
done away with all subcommittees. There are no subcommittees of the
House or of any committee. We have taken the standing committees
from last session and reorganized them, divided them where necessary
because of the workload, but eliminated the subcommittees.

The 35 committees are grouped into five councils that the
committees-their substance relates to. For instance, the first council is
the Council on Government Services; that includes Long Term Care,
Health Care Standards & Regulatory Reform, Health Care Services,
and Children & Family Empowerment. There is a Council on Academic
Excellence, which has the education-related committees in it. There is
a Council on Economic Impact, which has a lot of the business and
business development and business-regulation-type committees in that.
There is a Council on Justice, which has the committees that were
formerly for Corrections-what was Criminal Justice, Juvenile
Justice-what was the Judiciary Committee. There is a Council on
Governmental Responsibility, which has the Committees on
Governmental Operations, Enviromental Protection, Water & Resource
Management, Community Affairs, Agriculture, and Election Reform-
some of the committees that are still familiar to you. And finally, there's
the Fiscal Responsibility Council, which has the committees, the fiscal
committees, which would be Finance & Tax and then the five
subcommittees of Appropriations have been made full committees. So
there are five appropriations committees that cover the same areas that
the Subcommittees on Appropriations previously covered. There is an
additional Procedural Council which would include the Rules,
Resolutions, & Ethics Committee, that is the old Rules & Calendar
Committee; Ethics has been placed with it and Calendar has been taken
out. And I will explain that in just a minute, because that has to do with
the councils.

Rule 45 follows the committee structure set forth in these Rules in
that the committees-the committee chairmen and the committee vice
chairmen of the committees within a council will meet with the
chairmen and they will review the bills that have been passed favorably
out of those substantive committees within the council. They will rank
them by priority, and there will be Calendars set aside during session
to take up education bills. And that committee, that council, covering
education-vice chairmen and chairmen of each committee, and
chairmen, they will take up and review the bills that have passed
favorably out of committee and they will rank them by priorities. And
whatever that council ranks as a priority, from 1 to 15 or 20, whatever
bills are available, those bills will appear on the Calendar, in session, for
consideration of the House. And what is important also is that you will
get at least 72 hours' notice of that Education Calendar coming up and
the bills that are listed on that Calendar. So, instead of under the old
system, where you would walk in and get your daily Calendar and find
out what bills were on the Special Order, what we are going to take up,
you will know at least 72 hours in advance of the education bills we are
going to take up next Thursday, if that is where the Education Calendar
is. There will be a Calendar for Government Responsibility; there will
be a Calendar for Justice. Each one of these policy councils will have a
Calendar scheduled during the session so you will know what group of
committee bills will be coming up on a particular day. You will have
plenty of advance notice of that.

The councils are not empowered to make any substantive changes in
bills, amendments, or anything of that kind. However, we gave the
councils the authority, in reviewing the bills, to return a bill back to
substantive committee if, for instance, they thought there were two or
three bills that should be combined in one committee substitute for
instance. Or, if they thought that there was a severe problem with a

particular bill, they could return it back to the substantive committee
for further consideration. The council also will have the power when
they are prioritizing the bills for the Calendar-this will no longer be
done by the Rules & Calendar Committee. There are actually six
calendar committees now for these six councils. But the council will also

II

E OF REPRESENTATIVES November 19, 1996

have the power to designate a bill for extended voting. And what that
means is if some important bill of substance was coming to the floor, if
it was designated for extended voting, when that bill comes up for a vote
on third reading, the machines will be left open for five minutes so that
Members will be able to get to the Chambers and in their seats and
actually vote on those bills.
The next significant change of substance is Rule 48, which is on page
22, on ex officio Members. I've heard some discussion on the floor of some
misunderstanding about this. Under the old Rules, the Speaker could
designate the Speaker pro tem or the Majority Leader as an ex officio
voting member of any substantive committee. This Rule incorporates
that; however, it adds that the chairman of a council for a group of
committees, the Chairman of the Council on Academic Excellence, is an
additional option to be an ex officio member to vote on a committee. But
we have stated in the Rule that there can only be one ex officio member
on any one committee, so it is not a substantive change from the way we
have done business in the past in that the Speaker has the ability to put
an ex officio member and have one additional vote. But it is only one vote
per committee, this Rule merely opens up the options as to who the
Speaker might designate to be that ex officio voting member, other than
that the Rule is similar to what we have.

On page 23, Rule 51, we've limited evening meetings. They shall not
go past 6:00 p.m. unless there is special leave of the Speaker. So we are
planning not to have 8, 9, and 10:00 p.m. meetings.
On Rule 54, which is on page 24, "Time Required for Advance Notice."
During the first 45 days of session, you will get five days' notice of
committee meetings, which will list the bills that are to be taken up and
the matters that are to be considered in that committee. After the 45th
day, there will be at least 24 hours' notice for committee meetings.

One of the other changes, and quite frankly I don't know exactly-I
may have already skipped over it. But, Members will be allowed to
attend committee meetings-Members who are not members of the
committee will be allowed to attend committee meetings and offer
amendments to bills being taken up in committee. The reason for that
is there are some changes in the Rules later where we are going to try
to limit having 105 amendments on the floor. So we are going to give the
Members the opportunity-you will not be able to vote on the
amendments, but you would be allowed to appear. If you did not serve
on any of the education committees and there is an important education
bill up that you had a concern about and you wanted to appear at that
committee, you could offer amendments to the bill. Again, you couldn't
vote on it, but you could offer and it would be subject to discussion.
Again, trying to get the committees to do more substantive work in
committee rather than having us to fix all this legislation on the floor.
Rule 67 on page 29 goes along with that. The committees who work
on a bill will be allowed to designate a bill as a closed bill. This is similar
as used in Congress on some important matters in that once the bill is
worked out in committee with all the amendments, if it is designated as
a closed bill by the committee, that bill is not subject to amendment on
the floor. Now, what you need to understand about that is, again, you
have the right to go to committee and offer amendments. However, there
is an important change that goes along with that as a safety valve. We
have changed the rule on recommittal on the floor, that if a bill is on the
floor and it gets to be-everybody wants to make tons of amendments-
and it is getting to be a mess, it only takes a majority vote to recommit
a bill to committee. So the safety valve there-and this is not for every
bill-this would be up to the committee and the membership to
designate it.
"Placement of Bills on the Calendar," Rule 68. An important Rule for
a lot of Members. If your bill passes unanimously out of all committees
of reference, it will automatically go on a Consent Calendar. It will be
nominated for a Consent Calendar. This means that if you have a bill
that is noncontroversial, and it passes all committees of reference
unanimously, it will be nominated for the Consent Calendar much as
we've done in the past. Two days if no Member objects to it being on the

Consent Calendar, it goes on the Consent Calendar. And we will have
a Consent Calendar, I think, virtually every week during session. There
will be a Consent Calendar to take care of bills that are unanimously
passed out of committee. You get your bills going, up and out, and they
will be gone.

JOURNAL OF THE HOUSE

And if somebody objects to a bill that is put on the Consent Calendar,
then it goes back to the Council for ranking and gets put on the regular
Calendar order of business. That is Rule 71, where the councils have the
power to rank the bills and put them on the Consent Calendar-I'm
sorry--on the substantive, the grouping, the council calendars, if your
academic bills come up one week and there are 15 bills listed there, and
we only get through seven or eight of them, then those bills and any
other bills that are subsequently passed by committees will be re-ranked
by the council and put back on the Calendar.
Rule 76 is the recommittal rule that we mentioned. Now the Rule
stays the same. If you want to withdraw a bill from committee or re-refer
it from one committee to another, it still will take a two-thirds vote as
it is under the old Rules, but we loosened the rule on recommittal
because if bills get out here on the floor and get in trouble and we got
25 amendments and all sorts of problems with them, what we want to
do is say, "The committee obviously did not do its work. We need to get
that back in committee and get the legislation in proper order." The floor
should be for debate and votes, so we've loosened that so that there is
a safety valve for bills on the floor.
I'm almost done with the major things.

If you'll go to page 47, this is a significant change in the Rules. This
Rule would indicate that bills that you file will be good for the entire
two-year term of the Legislature. So that if you file a bill, you get it
heard in committee, a substantive committee; it's favorably passed out
of committee, but you don't manage to get it through the Appropriations
Committee or if it gets on the Calendar and it never gets taken up; it will
be at the same place when we reconvene the Legislature for the second
Regular Session, so you don't have to refile a bill; you don't have to start
all over again. Bills that are passed out of the House, but are not acted
upon by the Senate-and they would return them to us in that case-
they would go on the Consent Calendar for the second regular session.
If somebody objects to it being on the Consent Calendar, it will come off
the Consent Calendar and it will go back on the regular Calendar, but
again, you will not have to go back all the way through the committee
process again to do that.

The pages I am skipping over for the most part incorporate the old
Rules on forms of bills, etc.
Page 52 is a significant change in these Rules. It incorporates in the
Rules, bill limitations. In the past, the Speaker, by policy, has told us,
"You can only file six bills; you can only file eight bills." I don't know how
many Members have tested that in the past, but I can personally tell you
that I have tested it once or twice and the procedure then was for the
Speaker to call you on the phone and say you have too many bills, and
if you don't withdraw some of your bills we are not going to refer them
to committee. Now, quite frankly we have discussed that quite a bit as
to whether without something in the Rules whether that policy is really
appropriate. And what we wanted to do was come up with something
more fair and explicit in the Rules, particularly in view of the fact that
we want to go to a two-year consideration of bills. So this limitation
essentially says this: "You can have at any one time during the two
years, eight bills pending." The actual terminology is "eight bills under
consideration of the House." Now that means you can go out tomorrow
and file eight bills if you want to, or you can file four or five. But the
point is that you may not have more than eight bills under consideration
before the House at any one time. If you pass a bill or if your bill is laid
on the table or if you withdraw a bill, then you can file another bill. The
Rule also says that you can't have more than four bills referred to
committee at any one time. That's because we don't want to jam up the
committees with 500 bills that they can only give five minutes of time
to in this process. So, we're going to say that you can only have four bills
referred to committee at any one time. If the bills pass favorably out of
committees or you withdraw it or it's laid on the table or killed or any
of those things, then you no longer have that bill referred to committee;
you can refer another bill to committee.

Rule 103 that goes along with that says that you as Members can
request the Speaker which of your bills you want referred to committee.

So if you file eight bills, you pick the four bills that you want the Speaker
to refer to committee. And soon as you get through with one of those, you
can request another one be referred to committee. If you do not request

November 19, 1996

amendment which relates to a different subject or is intended to
accomplish a different purpose than that of the proposal to which it
relates or which, if adopted and passed, would require a title
amendment for the proposal, which is substantially different from the
proposal's original title or which would unreasonably alter the nature of

SOF REPRESENTATIVES 29

the Speaker to do that, then the Speaker will pick four of your bills and
refer them to committee. So we are actually opening up the process to
you. We feel we need a bill limit; we don't want to kill a bunch of trees
here and not have a bill limit. From the standpoint of the Clerk's Office
and the process of the committees and the Bill Drafting people, we don't
want to swamp them with having unlimited bills. We wanted a limit, but
we came up with a limit that is sort of a moving limit. So if you are
successful in this Legislature, you get bills filed; they get passed; you get
to do more. And that is essentially the way that would work.
Page 56 is the order of business. Paragraph 12 is daily folders. That
puts into the Rules what I explained about the councils' ranking bills to
be placed on the Calendar. So essentially what that means is that when
the Calendar is set for the legislative sessions for next week, there will
be a time slot in the session for the Calendar on Education, the Calendar
on Fiscal Responsibility, etc. And the folder will contain the bills as
ranked by that council to be taken up and considered during that day.
And that's what that's for.
Page 59 just implements that system of Calendars in accordance with
the bills ranked. And it also says how, procedurally, we'll do that. And
what it essentially means is that we won't necessarily-bills taken up
on second reading during the Academic Excellence Calendar on
Tuesday-we won't necessarily take them up on third reading on
Wednesday unless there's an Academic Excellence Calendar on
Wednesday. There may not be another one until Thursday or something
like that. So, we won't automatically, unless we waive it and decide to
proceed, take up bills on third reading the following day.
Page 63-That is where we said that these Calendars for taking up
the bills on the House floor need to be given-you need to have at least
72 hours' notice during regular session and 24 hours if we're in special
session. Again, the idea there is to give you all plenty of notice of bills
that are coming to the floor; give you a chance to look at them, see what
you're voting on, know what you're doing here, so we shouldn't have
some of these other excuses.

Page 65-Rules 136 and 137-Significant change in the way we
intend to conduct business in the House under these Rules. It also goes
along with the two-year time for consideration of bills. What it says is,
after the 55th day of the first session, we will not take up bills on second
reading. And after the 58th day, in Rule 137, we will not take up bills
on third reading. We will deal with Senate Messages and other reports.
It does not preclude us, of course, from waiving the Rules and taking up
other matters, but the idea is that we're going to get our work done in
an orderly fashion. When we get to the last three or four days of the
session, we're not going to have 200 bills on the Special Order Calendar.
We're going to give you the opportunity to get your bills heard and
discussed and voted on in this House before the last week of session. At
least that's what we're going to try to do with your cooperation. And I
think that if you get the opportunity, that you'll find that it might be a
better way than everybody clamoring around the Rules & Calendar
Chairman on the 57th and 58th day of the session wondering whether
your bill is going to be put on the Pocket Calendar or the Special
Calendar. If we're going to be successful in that, we're going to need the
cooperation of all the Members, but I think you will benefit from that
tremendously.

Rule 138-The only significance to that is that we have actually put
in the Rules a motion to temporarily postpone. We've used it in the
House in the four years I've been here, and it's never been defined as a
proper motion, but we just included it. So we can temporarily postpone
consideration of a bill and do what we've been trying to do all along.
We're almost done. Page 71-germanity. This is a significant change
in the Rules. The idea is that we're going to tighten up germanity-the
definition of germanity-you probably need to take a look at it. But let
me read the first paragraph. I think most of the Members who have been
here a while will understand that this is-would be-a significant
tightening of the germanity rules. "The House shall not consider any

30 JOURNAL OF THE HOUSE

the proposal." Now, specifically, and this is what you need to know
what's in this Rule, "(2)(a) An amendment which incorporates the
principal substance of another bill is not germane on the floor of the
House." This Rule is being proposed to prevent the last-minute trains
during the last week of session where 17 bills are tacked on and nobody
knows what's in the bills or what's going on. Now, we have a safety valve
for this. Paragraph 6 of that Rule says, "Nothing herein shall prevent a
committee from combining two or more bills into a committee
substitute." So the idea is, if we need to put together a health care
package, or a welfare reform package, or an education reform package,
that work should be done in the committee. The committee is the one
that should consider whether these three or four bills go together and
will work and be the right thing to do. We shouldn't have 115 Members
being surprised on the floor in the last week of session that there's seven
or eight bills being thrown together that they don't know anything
about. That's what that Rule covers and that's what it's for.

On the next page-that's what I just covered-that there's a safety
valve. That the committees can do the work.

Members, there are a few other changes in these Rules, but those
cover the substantive, significant changes that deal with the process of
the House that the Speaker-and that we've been talking about, quite
frankly, for the last couple of weeks. And that is to open up the process,
let every Member contribute. We're not going to keep people here to
midnight with no time to read their bills or study their legislation. We're
going to have an orderly committee process where there's going to be
plenty of time for everybody to do their work. And we're going to try to
prevent these logjams and these things we get into here in the end,
where nobody knows what they are voting on and nobody knows what
we're working on. That is generally the idea and the intent behind these
Rules. And, Mr. Speaker, I think that primarily covers the major
substantive changes, as far as to implement the committee structure
that we're proposing and the process of getting bills through this House
and considering legislation.

Speaker Webster: Before we go to second reading, we are going to
take some questions. Representative Ritchie.

Rep. Ritchie: Mr. Speaker, a question of Representative Warner.

Speaker Webster: Will you yield?

Rep. Ritchie: Representative Warner, earlier today there were
some comments made about these Rules, if in fact adopted today, the
fact that they were to be temporary in nature and would in fact expire
at midnight on the first day of session. I don't see that in the language
in the papers before us. Is that, in fact, the case?

Speaker Webster: Representative Warner.

Rep. Warner: Mr. Ritchie, the Rules as drafted in the resolution
put forth to the Members this morning did not cover that particular
issue because that issue didn't come up until we began discussing it here
on the floor of the House. And so you are correct in the fact that the
Rules before you do not incorporate that language.

Speaker Webster: Further questions? Representative Eggelletion.

Rep. Eggelletion: Thank you, Mr. Speaker. Mr. Speaker, I have a
question for Mr. Warner.

Speaker Webster: You're recognized for a question. Do you yield,
Representative Warner? He yields.
Rep. Eggelletion: Thank you, Mr. Speaker. Representative
Warner, then I take it by that answer these Rules then would become
permanent once they are adopted today?

Speaker Webster: Let me recognize Representative Thrasher for
an answer to that question, please. Representative Thrasher, will you
yield and answer the question?

Rep. Thrasher: Mr. Speaker, at the conclusion of the debate after
second reading is completed and we do have whatever debate that the
body wishes, it is my intention to make a motion that these Rules
remain in effect only until and through midnight of the opening day of

ME

I just got the copy while a million other things were occurring on the
floor. Why wouldn't we give the Members an opportunity to read these
Rules and understand them? Would you please tell me why, if the Rules
are intended to give us an opportunity-and then I have another
question about appropriations.

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

SOF REPRESENTATIVES November 19, 1996

the Regular Session, which, Mr. Speaker, I think would give you the
opportunity and that of the Democratic Leader to form an appropriate
committee to look at the concerns that some Members may have with
the Rules-have those studied in time for the opening day of the Regular
Session.
Speaker Webster: Further questions? Representative Frankel, you
are recognized.

Rep. Frankel: Thank you, Mr. Speaker. First, are we going to have
an opportunity to vote on each rule change separately or are we going
to be saying Yea or Nay to the whole package here?

Speaker Webster: Procedurally, we will be voting Yea or Nay on
the resolution.
Rep. Frankel: I have a question on a particular Rule.
Speaker Webster: You're recognized for the question.

Rep. Frankel: Thank you. On page 29, number 67, that one really
particularly concerns me and I appreciate the opening up of the process
which I think has been done with some of the other Rules. Sixty-seven
allows what you have described as a closed vote, which sounds to me as
though if a committee considers an issue-a bill-and I don't know how
many people could be on a committee but maybe it is 10 or 20 Members,
and that committee decides to close the amendments, my understanding
of the process now would be that when that bill comes to the floor, that
nobody else here who is not on the committee can amend that bill. Now,
you say we would have had an opportunity when we went to the
committee meeting. But we are just having an opportunity with those
committee members and not the rest of the body. To me, with all due
respect, I think that closes the process, not opens the process.

Speaker Webster: Representative Warner.

Rep. Warner: You may have a point of view on that, but the answer
to your question is that we have built into the Rules some safeguards.
First of all, the committee meetings are going to be scheduled such that
most of the other Members who are not on that committee will get an
opportunity to go to that committee if they want to and offer
amendments. The second thing is that in order for the bill to be closed
it has to be voted by the committee, it has to be voted by the Council, and
the sponsor of the bill has to agree. So, I think we have some safeguards
there. And finally, if there is a sense of the House that the bill needs to
be amended, I would assume that you would have a majority vote to do
that. And in that instance, that same majority vote could recommit that
bill to committee for further consideration. So, it is not the intent,
Representative Frankel, to close this process in any way. It just was an
indication that we would like to emphasize that most of the work of this
House should be done in committee, that we shouldn't have bills,
particularly the major bills, coming to this House and having 127
amendments filed to that bill.

Now, that is a rule that I am sure that we can look at, but again it is
not something that we would intend to designate every bill of the House
as a closed bill. Only certain bills that we all know, having been through
this process-and you know, quite frankly, dealing with appropriations
bills when everybody files 255 amendments, you know we finally get
down to it and say we are not going to do these and we are going to do
some. So, I think that we have the flexibility in the House to deal with
it one way or the other.
Speaker Webster: Representative Martinez, you are recognized for
a question.
Rep. Martinez: Would the gentleman yield to two questions?

Speaker Webster: The gentleman yields.

Rep. Martinez: Mr. Warner, I commend your attempt to give the
Members advance notice on bills so we will know what we are voting on.
Why wouldn't that apply to the Rules that we are asked to vote on when

JOURNAL OF THE HOUSI

Rep. Warner: Representative Martinez, with all due respect, you
and I both know that if we wanted to debate or explain that, we could
be here an awful long time. Let me just say that I wish the process over
the last 10 days had been a little different than it was. And I think, had
it been a little different, perhaps we would not be here raising the
concerns that we are raising. I will say that we were up here working,
discussing this-even in some instances members of the press sitting
around the table with us while we discussed the committee structure,
the two-year bill thing, the limits-all of these issues were being
discussed openly. But let me just say and to put a closure to that, that
I wish that things had been a little different over the last week or so and
I think if they had been on both sides that maybe we wouldn't be facing
that problem.

Rep. Martinez: I have another question regarding appropriations.

Speaker Webster: You're recognized, Mr. Martinez.

Rep. Martinez: When all of us here ran for office-those that were
newly elected, those that were reelected-ran and we made certain
commitments to our constituency based on the Rules we had. Under the
scheme that you have for appropriations, who would make the
allocations? Would each of the five appropriations committees come out
with their own amounts to be spent, and then who would put it all
together?

Speaker Webster: I recognize Representative Warner to respond.

Rep. Warner: Mr. Martinez, I think I might direct you to the old
Rules, and the old Rules didn't cover that subject either. So, the Rules
have never covered the subject as to who is going to make allocations.
But I believe if I read my Speaker correctly that his intent is that the
House will decide on those allocations.

Speaker Webster: Representative Bloom.

Rep. Bloom: Thank you, Mr. Speaker. Will Mr. Warner yield for a
question?

Speaker Webster: He yields.

Rep. Bloom: Thank you. Representative Warner, I admire the fact
that you are trying to create a system that is more open, giving the
Members more time to understand what is going on. But, I am quite
concerned about several of the issues here. First of all, I am concerned
about the limitation which, for all intents and purposes, limits us to four
bills, because if you have only four bills referred to standing committees
and the committee process takes a while, especially getting yourself into
priority order, and you are not really able to serve your constituents who
have asked you to file different bills. You are limited to four bills. And
I think that that is what we need to know. Am I correct in understanding
that?

Rep. Warner: You are limited under these proposed Rules to have
four bills referenced and in committee at any one particular time. That,
hopefully, will give the committees an opportunity to process your bills,
do the analysis, and get them up and get them heard instead of
swamping them with 300 bills and you all wondering when are they
going to finish the bill analysis and when are you going to get a hearing
on your bill. If you will recall, there are an awful lot of us no matter how
diligent we are that are sitting here in the fourth or fifth week of session
hoping to get a hearing on our bills, and many Members' bills never get
heard in committee. It is our intent that if a bill gets referred it is going
to get heard and it is going to get heard timely. So it is an attempt to
make the process more orderly instead of jamming everything up at any
one time. But I certainly think that that is something that we are going
to have to watch from the standpoint of does it facilitate what we want.

Speaker Webster: Follow-up question, Representative Bloom.

Rep. Bloom: Thank you. Does that bill then cease to be one of your
four as soon as it is moved onto the Calendar?

Rep. Warner: That is correct. Or, if it is withdrawn or reported
unfavorably, if it is no longer under consideration by the committees,
then it is no longer there. Then you can add another bill to it.

November 19, 1996

and the public's work is being done.

Speaker Webster: Let me ask this-we could continue with
questions but I think this debate probably would be better carried on-
let's just ask this and if you still want to ask questions, fine-but I think

OF REPRESENTATIVES 31

Rep. Bloom: All right. Now you have also discussed in responding
to Representative Frankel that there will be somehow or other time to
attend to 35 different committees from those of us who accept our
responsibilities and spend our time in the committee meetings that we
are assigned to. And I really have great question about that particularly
because of the idea you just said of a closed bill would be that no
amendments would be allowed to be made on the House floor except
those adopted in committee. And it would strike me that if you also said
that a majority would be able to recommit the bill to the committee that
what you are really saying is that if the majority wanted to make the
amendment right on the floor, they couldn't do that. Is that correct?
Rep. Warner: If it were a closed bill, you would need a waiving of
the rules in order to do that. That is correct.

Rep. Bloom: Mr. Speaker.

Speaker Webster: You are recognized, Representative Bloom.

Rep. Bloom: What is the purpose of having a five-minute elapsed
time period for voting on whatever the issue might be if in fact all of us
are required to be in our seats on the floor while the House is conducting
its business?

Rep. Warner: Well, Representative Bloom, in the past, as you
know, when we are roaring through the Calendar, we take a lot of votes
in a very short period of time and I think that the idea behind that
particular Rule, Members, is that we are not going to do it for every bill,
but there may be some bills that perhaps it shouldn't be caught up in the
25 or so that everybody is just pushing buttons on-that we should stop
on some of these bills and give everybody five minutes to understand
that we are voting on a particular bill of significance and just give the
Members a little more chance to make sure they are acting in a
deliberate way.

Speaker Webster: Representative Mackenzie, for what purpose?
You are recognized.

Rep. Mackenzie: Well, maybe a little question and maybe some
things that we were working on in the interim that I might be able to
share with the Members, Mr. Speaker. During the summer,
Representative Ritchie asked a few of us to sit down-and with your
acquiescence as well, Representative Webster-to sit down and to begin
to look at the Rules and look at changes that needed to be made and
some of the things that are now incorporated in the Rules as are
presented before us today are variations on a theme that we had begun
to discuss. And I think we as Members had looked at some of those
things in trying to make sure that the process was open, that the public
had access to amendments, they had access to PCBs, that the meeting
rooms were large enough that they could show up and be a part of the
proceedings, that they could testify before the committees. And we also
looked at the timing of the floor in terms of information that the
Members would have access to that. So I think there are some really
good things that are in these Rules.
My comment and concern and the issues that I have raised with you
and the other Members of the Majority Party is that there are lots of
things in here that we have not had a chance as a body to sit down and
discuss. And I think by the questions that have been directed to Mr.
Warner that there are plenty of those issues that we need to sit down,
and the Members need to have knowledge as they are voting on a very
important document that is going to be residing over us and working
with us as we go through the next two years. And so I would hope that
as we go through this process that we begin to realize these have a major
impact on how we are going to operate as a House and operate as 120
colleagues working with each and every one of us here sitting on the
floor. And so I would say, Mr. Speaker, that while I have reservations
about some things in here, I know that with the work, that the Members
of this House can come together and we can come up with, if not this as
the final document, something that is workable for the Members so that
the public has access, the Members feel that they are part of the process,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

this debate probably would be better carried on in a committee after we
are finished with the Organization Session, which we've already
acquiesced to do. And we will sit down as honorable men and women of
this Legislature and discuss these issues so that we can come to the
point that we have spread out the opportunities for every Member in
this House, made everyone a player. And if we can come to that, I have
reached my goals. I don't think anyone in here is claiming pride of
authorship, it is just some ideas. I think we need these Rules to get
started and if there is still questions we will take them. But if we could
move on, you have my commitment that we are going to look at them in
a fair, equitable way. We are going to sunset these Rules as of midnight
on the first day of session and we are going to adopt new Rules. And they
are going to be ones that everybody agrees on. Now, are there further
questions? Representative Lippman.

Rep. Lippman: Mr. Speaker, actually it was not for a series of
questions just, but to attest to the fact that I was given the opportunity
by Mr. Ritchie, our Democratic Leader, to react to some of the comments
by some of your people in a work group and with reference to, I guess,
the traditional cluster around the podium, you have given your
statement which to me has always been your word to the fact that you
recognize that you are now the Speaker of the House of Representatives
and that each Member here deserves the respect as well as you deserve
our respect. So therefore this committee should be the place where we
should be dealing with the issues. Many of us did not have the
opportunity to really read through the Rules and many of them are
clearly of great value to the people of this state and to the Members.

But let me just, not even to bring up an issue, but to give you an
oversimplistic little thing. I am looking around here-I just counted like
nine delegation chairs that I see around here who might get caught up
in the bill limit because they have to file local bills. Now, nobody even
thought of that. It is one of those little things that you and I have known
over the years with reference to our responsibility to our own major
delegations. So, those little things that will be adopted, I assume today,
which need to be reviewed, part and parcel, to our discussion. So, I only
suggest to you, Mr. Speaker, that those of us who I hope have the
opportunity to assign ourselves to the task of really making sure that
every person who is elected in this Chamber has the right to represent
every person that voted for them and those people who didn't vote for
them-that this committee will act as a review process and take it upon
yourself, as you said, that these Rules will stay into effect until the
opening day, and then we will move forward with the consensus of that
particular committee. And that is what you have expressed. Mr.
Thrasher has expressed it; Mr. Warner has expressed it. I think that
that is where we ought to go from here and allow you to move on with
your 250 people that you brought up in 16 buses and 25 cars.

Speaker Webster: That was my family, Representative Lippman.
Rep. Lippman: I understand that, Daniel, I was there for the first
one. But basically I think that is where we are at, and I thank you for
your statement to the fact that we will be doing this.

Speaker Webster: Further questions, Representative Geller.

Rep. Geller: Thank you, Mr. Speaker. Taking in mind what you
just said, I did have some questions about specific issues. However,
acceding to your request I will not deal with those specific issues now.
I will deal with those in committee. I do have one or two questions,
however, about the specific process, and that is what I would like to
address to Mr. Warner.

Mr. Warner, I am very concerned about adopting these Rules now and
then say, "Well, we will fix them later," because during the period
between now and committee we will be operating under this. My
question, actually I have two questions. Number one, in terms of our
precedents that we have a hundred and some odd years worth of
precedents, if you compare these Rules to our existing Rules, they are
organized in such a different fashion that I'm seriously afraid that this
set of Rules abolishes a 140 years, give or take, worth of precedents. Can
you comment on the cause of the different format, the different layout,

and the different Rules-how this affects their precedents. And a second
question dealing with that is what is the urgency now? I know that
Speaker Webster feels the need to have his committee policies, the new

committees that he has chosen, which as the Speaker he certainly has
the right to do. But in terms of changing all of our other Rules and then
saying well we'll go back and fix it later, why can't we operate between
now and session under the Rules that we have had thus far with the
exception of giving the Speaker his traditional prerogative of appointing
whatever committees he deems appropriate?
Speaker Webster: Representative Warner, you're recognized for
response.

Rep. Warner: Mr. Speaker and Members, I would just like to
comment briefly on an issue that was raised by Representative
Lippman. In the Rules before you we exempt local bills, memorials, and
resolutions from the eight-bill limit. So the chairmen of delegations are
not restricted. You can file local bills. They are not counted under the
limitations of bills.

Second of all, addressing Representative Geller's question as to
precedents-quite frankly, I have studied the Rules quite a bit over the
last couple of years, and when I look at the precedents, I find that you
can find a precedent for just about anything or any which way you want
to interpret these Rules. I think what we would like to do is bring a little
more order to that process, and I would think that regardless of how the
new Rules are numbered or named, if you find a similar, substantially
similar, Rule however it was previously numbered and there is a
precedent for it, you could raise that as a precedent.
The final question that you have is in regard to the process. Well, we
need to conduct committee meetings. We have to have Rules in place for
the consideration of legislation before this House, to direct the Clerk on
how to help us manage that legislation, and I can tell you that I have
explained to you today most of the major changes in the Rules. The rest
of those Rules that I skipped over 20 and 30 pages at a time are the
current Rules from a standpoint, forms of bills, how you file bills and
introduce them, matters to amend bills, etc., most of those incorporate
the old Rules of the House so that we can conduct our business. Without
Rules, we cannot conduct our business; so we have to have a set of Rules
in place.

Speaker Webster: Representative Logan.
Rep. Logan: Yes Sir. Thank you very much, Mr. Speaker. A
question of Mr. Warner. Mr. Warner, I too would like to compliment you,
obviously, for the time and the effort you've put into bringing these
Rules before us and the other members of the Republican Party who had
an opportunity to review and participate in the drafting of these Rules.
I also compliment you on your statements that part of what you're trying
to attempt here is to make sure that it's an inclusive process, that we
have information before us prior to having to vote on it-though I must
say that it is the contrary of what we are doing this afternoon.

You skipped the first 10 pages, in terms of your overview, in saying
the beginning of Section 22 is where the meat of the language of the new
changes are. But I mean-I can-in those first seven, eight, nine pages
that you skipped, there are several areas that are of substantive change
that are of concern. And I'll just give you three right quick and would ask
you to respond to them.

The first one is on page 1, wherein the-well, let me start from the
back which is more important. The first is on page-one is on page 10,
where the Speaker of the House has the ability to appoint a select-
create and appoint-a select committee, as the present Rules are; but in
addition to that the Speaker can clothe that particular select committee
with the same powers of a standing committee. So, essentially, what you
are saying is, is that we're giving the Speaker the ability to make rules,
that is, create committees, empower it to do PCBs, and act just as any
other standing committee which must be adopted in the Rules. So you're
making absolutely-matter of fact you're making-giving the Speaker
the ability to create standing committees without the consent of the
House which is a major change from present law.

Another consideration is that presently-that you skipped over-is

presently that the members of a committee have the ability to set the
Calendar. On page 7, moving backwards, you are giving the Speaker of
the House the ability, after consideration of what's being recommended

November 19, 1996

32

JOURNAL OF THE HOUSE OF REPRESENTATIVES

to him or her, to set the Calendar of the House. And once again, that
seems to be exclusive and not inclusive.
And then also, you have a provision in that first 10 pages that gives
the ability of the Speaker to designate the Speaker pro tempore of the
Minority Party. And once again, that appears to be exclusive and not
inclusive. And these are just the first 10 pages of which you mentioned
nothing about-which are all new language; and I can find another 15
or so sections in this first 10 pages that are new language. And I would
like you to respond to those general questions please, sir.
Speaker Webster: You are recognized for a response,
Representative Warner.
Rep. Warner: Thank you, Mr. Speaker. Representative Logan, I
think when I introduced my remarks, I said that I would cover the major
substantive changes in the Rules as it affected legislation. I don't believe
that I represented that I was covering all of the changes. You are correct
in pointing out some of those particular changes in the Rules. I think all
of those are things we can address, as far as anyone's concerns, over the
next several weeks. But I will say the one thing you indicated about the
Speaker setting the Calendar, that's not what that Rule provides. What
the Rule provides is that the Speaker would set aside the time during
the session so we can take up these various Calendars but not determine
the bills that are going to be considered. So, it is merely a matter of
scheduling us so that we know in advance that we're going to take up
the education folder next Thursday, or academic excellence next
Tuesday or whatever. But not the bills that are to be taken up.

Speaker Webster: Follow-up question? Representative Logan, you
are recognized.

Rep. Logan: Yes. Mr. Warner, could you specifically point out to us,
in the document, where it says the Speaker will only have the ability to
set the time aside and does not have the ability to set the Calendar. And
there were two other questions that I asked that I would like you to
respond to, as related to the first 10 pages, please, sir.
Speaker Webster: You are recognized, Representative Warner, for
response.

Rep. Warner: Mr. Logan, I can do that. I think I covered it already.
It would take me a minute to go back and find it. I believe Rule 71 is
ranking of the bills by the councils and I think there is Rule, perhaps 45,
that sets that the councils are the ones that determine the priority of the
bills to be considered on the Calendar, there may be another Rule that
references that but those Rules clothe the councils with the authority to
determine the ranking of the bills to be set on the Calendar for
consideration by the House. It is not by the Speaker.
[HR 1-Org. was read a second time by title.]

Speaker Webster: Representative Logan, you are recognized for a
point of inquiry.

Rep. Logan: Yes, because we have no Rules, we're really not sure
how we're governed. For example, if we wanted the resolution to be read
in full, generally, that takes the request of three or four or five Members
in most bodies. And we have no idea what that procedure is and some
of us wanted to be recognized to actually make that request. We have no
idea what the procedure is in terms of submitting amendments. Do they
have to be in writing, I mean, do they have to be-can they be in
concept? And we just-I mean, are we governed by Mason's Rules
presently? I mean, how would you respond to amendments and motions
and things of that nature, so we'll know how to conduct ourselves as in
relation to the amendatory process and any motions of procedure, Sir.

Speaker Webster: Representative Warner, you are recognized for
a response.
Rep. Warner: Mr. Speaker, because we have no Rules and are
attempting to adopt rules to govern this House, at the present time-the
rule-the House is governed by the majority vote on any issue of point.
So, as issues are raised, if they require a vote of the House, it would be

by majority vote.

[Amendments 1 and 2 to HR 1-Org. were considered.]

Speaker Webster: All right, I think we're in a position for debate
right now. If there are those who would like to debate, give me the
thumbs down if you are against and thumbs up if you are for. All right,
Representative Geller, you are recognized.

Rep. Geller: Thank you, Mr. Speaker and Members. Members,
some of you-there's, I guess, 20-odd people who are sitting here today
for the first time. And you may not have-you may not yet be familiar
with our process and procedure. You will get familiar with them. Let me
welcome you here. However, let me tell you, to the new Members and to
the existing Members-the ones who have come back-that those of us
who have been in the Legislature for some time, like myself, have
become familiar with these Rules. The precedents are things which have
guided this House of Representatives for in excess of 100 years.

We have a system of rules in place. Do we need something to guide us
between now and this general session? Yes, we do. Do we need to adopt
a wholesale change on things that Members of one party have never
seen prior to today? The answer is clearly, no. Representative King,
you're sitting there-I know you to be an honorable man-how many
times have you sat at the back of that House, or in one of those seats over
there and said, "Don't vote on anything that you haven't read. Don't vote
for a bill that you haven't had the time to analyze."? How many times
has your party said that? My, my, how things have changed.
Now Members, there are a lot of problems that we have here in this
bill. You've heard some of them at the request of Speaker Webster. I did
not bring up many of the concerns that I have. But understand, is there
a necessity to make these wholesale changes without the substantive
debate? No, there is not that necessity. I respect the fact that Speaker
Webster has said that we're going to try and work together. But this is
going to be the first day that we're going to be trying to work together.
And let's find out, is this something that we are really working together
in a bipartisan fashion, Democrats and Republicans, or is this, instead,
going to be one party saying, "You know, we weren't willing to show you
the Rules yesterday," and I know that we asked to see the Rules
yesterday, and were told they were not available. Are we now going to-
is one party going to say, "Well gee, now that we have 61-59, we're not
going to show you a bill that's over 100 pages. We're going to make
dramatic and fundamental changes that we don't need to."

Speaker Webster has the authority and should have the prerogative
to appoint his committees. I don't believe there are Members of this
Legislature that would argue that. But when you're talking about
changing the number of bills that we can have referred to committee to
four, when you're talking about changing the process, understand, Mr.
Speaker and Mr. Thrasher-I understand you understand this-if you
control the process, you can control the flow of the bills. And that's what
you're doing. And Members, just in closing-and to the Republican
Members-I'll ask you to listen to Representative King, who is standing
up there now. My fellow Seminole, who in years past has said, "If you
haven't read it, vote against it." Mr. Speaker, you have told us-and I
respect you-you have said, "We don't want things coming up at the last
minute." You told us that's the reason for these Rules. Then why are we
violating your fundamental principle in adopting Rules that we haven't
seen, and then said, "We'll go back later and fix it."? Members, I strongly
urge you, and especially Republican Members who have fought this fight
before-remember this year it's 61-59-remember that we need to-that
we are asking you-to vote the same way that you have asked us in the
past, that you yourselves have stood up and said, "Don't vote for it."
Well, that's what I'm going to say now. Don't vote for this until we've had
time to analyze it.

Speaker Webster: Further debate? Representative Frankel, you're
recognized in opposition.
Rep. Frankel: Thank you, Mr. Speaker. First let me just take a
moment to say congratulations to you for being elected Speaker. And I
also want to join with Mr. Geller in saying that I too do agree that you
should have an opportunity to bring some changes you see-to change
the committee structure if you feel that is appropriate. And with that
said, if this is a new era, if this is a new time, this is not the way to start,

folks. I don't know if whether the-my colleagues on the right side, to my
right over there-know what's in these Rules, but I can tell you this, the
Democrats on this side, we've had these Rules now for maybe a half hour

November 19, 1996

33

34 JOURNAL OF THE HOUSE

and not too much opportunity to go through them. But at some time,
folks, the politics need to stop and the policy needs to start. We represent
14 million people in the State of Florida. Whether they are Democrats
or Republicans, it doesn't really matter right now. The question is, what
is the right public policy?
I can tell you, I can look at one ruling specifically right here, Rule 67,
which would make this the most closed process in the history of this
State. And if you choose to put this Rule into effect, you can have some
of the most important legislation coming to this body where you will
have no opportunity to vote on an amendment. No opportunity, whether
it's an education bill, or a commerce bill, or a judiciary bill, that process
is closed to you. And I ask the Members in this Chamber, how many of
you have had the time to know what is in these Rules? And is this how
we're going to start a new era, having to vote on a document that at least
half your Members have not had an opportunity to see? This is a matter
of fairness, and this is a matter of public policy. This should not be a
matter of partisanship. And, with all due respect to the hard work of
some of the colleagues who had an opportunity to put these Rules
together, today I would have to vote no.
Speaker Webster: Representative King, you're recognized in favor
of the Rules.

Rep. King: Thank you, Mr. Speaker and also Members, since
Representative Geller saw fit to bring me into this fray. Unaccustomed
as I am to public speaking and being in frays, I agree with Mr. Geller.
There are a lot of things in these Rules I don't like either. I don't like the
fact that the Rules were presented as quickly as they were without
anybody having the chance to really read them. On the other hand I can
attest, Representative Geller, that had the Democrats taken that Chair,
there are Rules sitting in the Clerk's Office, that were your Rules
changes, that none of us had an opportunity to see either. But the
political reality is this, we have to have a set of Rules. We cannot
adjourn today, and continue this quest for going into a session, without
a set of Rules. So, fact number 1, we've got to have a set. Number 2, I
think it was very courageous of the current Speaker to say, "I'll let them
sunset at the end of the first day of session."

Now, quite frankly folks, the number's 64-56. Now ultimately we're
going to see that number again. The Rules had to be done. They had to
be done quickly. No one knew who was going to be up there, Mr. Geller.
You and I have had conversations during the last week. You didn't
know, and I didn't know. And you have a set of Rules and we have a set
of Rules. I will pledge to you and to everybody in this Chamber, that I've
never found Danny Webster the slightest bit questionable as to his
intent or to his integrity. I will guarantee every Member in this body, old
or new, that there will be ample opportunity for you to address these
Rules changes. I have several suggestions myself. I don't know what
being jealous of another Member means. I have been jealous of many
Members, particularly when they have passed bills and I didn't. And
there's a provision here that says bad things are going to happen to me
for that. And I'm not so sure that I want my bills to go to a second year.
You know, if they didn't make it the first year, I might want a whole new
set of eight. But that notwithstanding, we have got to get on with the
business of state. I would suggest that you are going to be treated very
fairly and all of us will have input, and he at least gave us the
opportunity to have that input. And I will guarantee you that I will do
my very best to make the changes I want as well.

Speaker Webster: All right. Representative Ritchie, for what
purpose?
Rep. Ritchie: In debate and hopefully in closure on the opposition,
Mr. Speaker.
Speaker Webster: You're recognized.
Rep. Ritchie: Members, I'm looking at the clock, it's 1:30, I think

most of us had expected to be out of here by 12:00 or so to meet family
and friends and other activities. I think the debate has probably gone on
long enough. But let me just encourage you to understand I think there
are at least 103 reasons to vote against the set of Rules that we have
here before us today-103 pages of print that none of us on either side
of the aisle probably totally understand, and very, very few even have
any advance notice of it before we walked in this morning. I think it's an

);

and make suggested changes to this body so that at the start of the
session we don't have to go through all of this all over again?

Speaker Webster: We have a Rules Committee that's designated
in these Rules, if they're adopted; then we'll exercise that authority to

E OF REPRESENTATIVES November 19, 1996

unfortunate commencement to what should have been a greater sharing
of information. With all due respect to Mr. Warner, I don't believe it's
the last two weeks' activities that have kept these documents away from
us. If these Rules were good under one scenario, they would have been
good under another scenario. It would have been far greater advantage
for our Members if we had seen these even two or three days ago-had
the opportunity to review it. We understand, Members, where the votes
are. I'm going to encourage those of you who are as uncomfortable as I
am to vote against these Rules. Those of you who are going to walk
outside and talk to the media, in just a minute, and say "How did you
just change the Constitution?" and you can't answer the first question.
You may want to think twice about what you have done. You may want
to think twice about whether or not there is a better way to do this. Mr.
Speaker, we trust you, we just don't understand you or know what you
are trying to accomplish with these Rules changes.

Speaker Webster: Representative Thrasher.
Rep. Thrasher: Thank you, Mr. Speaker. I believe it is now time,
after Mr. Ritchie's comments, to make a motion that I had suggested
earlier that I had intended to make, which I believe alleviates a lot of the
concerns that Mr. Ritchie and others had raised; allows you to
participate and appoint an appropriate committee to begin the dialogue
of working out the discussion and the problems that have been raised
here today.

So Mr. Speaker, I would move that the Rules, as proposed by
Representative Warner, remain in effect until midnight of Tuesday,
March 4th, 1997, or until the next time that the Legislature is
assembled in session.

Speaker Webster: Representative Martinez, you are recognized for
a point of order. State the nature of the point.
Rep. Martinez: Yes Sir, since we have no Rules and the time for
amendments having been passed, I do not understand nor do I think
that the gentleman's motion is in order. That should have been in the
form of an amendment to these rules. The motion is nonworkable. It is
a nullity. There is no motion available for him to make on these Rules.

[Amendment 3 was read.]
Speaker Webster: Representative Logan, you are recognized to
explain the amendment.
Rep. Logan: I believe that it is self-explanatory. It just says that
the next time we convene, these Rules will be suspended at the end of
the business day.

Speaker Webster: Questions? Representative Eggelletion.

Rep. Eggelletion: Thank you, Mr. Speaker. Mr. Speaker, my
question is not necessarily to that-but I've had my hand up here for
some time now trying to get recognized, and I guess I may as well get
used to that. But, the point that I'm trying to get across, Mr. Speaker,
I assume that these Rules are going to be adopted today. However, I
have sat here while everybody else has gone all around the Chamber
and I have actually read every page of these Rules. And I've highlighted
and read them with a critical analysis. My question is, Mr. Speaker, is
whether or not you will appoint a committee to look at these Rules in the
interim and come back to this body and suggest changes in these
particular Rules, or will we just come back at the start of the session and
then go through this whole process all over again?

Speaker Webster: Questions on the amendment? Is the
gentleman, did you ask a-I thought you said you weren't asking a
question. Are you asking a question, Representative Eggelletion?
Rep. Eggelletion: I asked a question of you, Mr. Speaker. And the
question that I asked of you, Mr. Speaker, was that in the interim
between now and the start of the session, Mr. Speaker, will you appoint
a bipartisan committee to look at these particular Rules and come back

JOURNAL OF THE HOUSE OF REPRESENTATIVES

appoint a Rules Committee. And I think it would be very diligent and
proper for this body to work through that committee, the Rules, because
we wouldn't have any on the first day of session if we didn't. So, yes, we
will have a committee. Certainly there will be both parties represented
and we're going to come to an agreement and everyone is going to feel
comfortable. When that takes place, we're going to adopt the Rules for
the session.

Follow-up question, Representative Eggelletion.

Rep. Eggelletion: Mr. Speaker, then will each Member of the body,
as a whole, be notified as to the meetings of that particular Rules
Committee, because we might have suggestions that members of that
committee may not know anything about? And since this is going to be
an inclusive process, we may want to make ourselves present at those
particular meetings, to offer those particular suggestions.

Speaker Webster: They will be properly noticed.

[Amendment 3 was adopted.]

Speaker Webster: Representative Martinez, you're recognized.

Rep. Martinez: Mr. Speaker, a moment in opposition to the Rules.
Folks, let me tell you what Mr. King's perception of fairness is, and he
said he was going to be fair. He also made that 64-56. That's what
fairness is, and that was just explained. Let me tell you what we could
do, what we should do, and what we have done in the past is that
whatever changes the Speaker needs in order to put his team together,
the Rules are amended in that regard and then we go on and adopt the
Rules we all got elected under. We all ran under these Rules and now
in one fell swoop, rather than just whatever authority he needs to do
whatever he wants to do with the committee system-we should have
done that alone, not come and redo all of the Rules. Mr. Crady, I point
out to you, you're going to have to go back to your vanity press and print
a new book. Because your book is now passe if we adopt these Rules.
Folks, this has been an exclusive, not inclusive, rule-making process.
There might be a lot of things here, but there isn't a one here that I know
of, other than those select few who operated on these Rules that are
changing the entire way we do business. The proper thing to have done
was change it, the committee structure, the way the Speaker-elect
wanted to, and then go through the process which we are now going to
promise us that it is going to occur, under a complete set of Rules that
none of us are familiar with. So I think, you all ought to be well aware
of the fact that this is not just a showing of any strength, 56 to 64. You're
changing history, you're changing the institution that we're operating
under that has served us well. We did not become the fourth largest
state in the union by being stupid and dumb. So it's served us well, and
now you're doing it without any bipartisan consultation. We're all going
to have to live under these Rules. And the very fact that Mr. Warner
said, "This is to give everybody an opportunity so you will know what
you're voting on." You're starting off contradicting that very statement.
Thank you.

Speaker Webster: Further debate. Representative Bloom, you're
recognized.
Rep. Bloom: Thank you, Mr. Speaker. Call me a conservative, if
you will, [laughter] but this is no way to change that which has served
the House so well over so long a period of time. So I really would like to
ask you to think very, very carefully about what you're doing. We would
have the alternative before us if these proposed Rules were rejected. We
would have the alternative of returning to the House Rules that we were
under for the prior term and then making the adjustments as
Representative Martinez indicated. I regret that we have not really seen
that kind of slow change come about with these very serious Rules.
These are our bylaws. This is, as Representative Ritchie said, "Our
Constitution." Those of us who are conservative by nature, need to
remember that conservatives don't throw out all that's good from the
past, they make change slowly. Thank you, Mr. Speaker.

Speaker Webster: Further debate. Representative Starks.
Rep. Starks: Mr. Speaker, I'd like to just say this. In working with
Dan and a number of the Members over the last few months there's one
thing I can share with you that is the truth-that we want to empower
every Member of this House to be successful and to have access. We
want Rules that will empower you and to enable you to be the best you
can be for your constituents. I give you my word, that when these Rules
pass, there is a Rules Committee, which you will be aptly represented
on. And we will come to closure on Rules that are open to the public and
open to you, and fair to everyone concerned. The Speaker has given you
his word on this; I personally give you my word. We look forward to
working with you and doing what's right. And with that, Mr. Speaker,
I'd like to move the previous question.

[The motion for the previous question was agreed to.]

Speaker Webster: Representative Warner, you're recognized to
close on the resolution.

Rep. Warner: Thank you, Mr. Speaker. Members, you know I've
only been in this House for four years, this is only my third Organization
Session. And, say what you will about the process and all these other
things, but I can't ever remember actually debating the Rules and going
on in this fashion at any Organization Session I have ever been in. And
usually, when I walked into an Organization Session, I saw the Rules for
the first time too. But we are going to do a good job of working with
everybody. And these Rules are intended to accomplish goals of opening
this House process and giving every Member the power to participate
and do a good job. And I think we have a commitment from the Speaker
and all of us that we will sit down and address the concerns over the next
couple of months and resolve them. But this set of Rules gives an
opportunity to get going and get to work and let you all be successful.
Thank you, Mr. Speaker.
[HR 1-Org. was adopted.]

Remarks by the Speaker

Speaker Webster: I think my time for remarks has certainly
expired. But I will tell you just these few little statements I'd like to give
you before we adjourn. And that is this: I'd like to make it a commitment
to you as Members of this House, and that commitment would be a
fivefold commitment. First of all, I would invest my time in your agenda
in order to make you successful. I would not expect you to do anything
that I am not willing to do myself. I would give up my right to be in
charge and become a servant of you and this House. I would major on
my responsibilities as leader and not on any expectations or rights that
I think I might deserve. And I would earn the right to be heard, not
demand it, and I would be your servant. That's my commitment to you.
And no matter who you are-Republican, Democrat, male, female,
Hispanic, black, Anglo, conservative, liberal, moderate, no matter who
you are-we want you to be a player in this process. And we are going
to allow it. We are going to open it up as best we can. If these Rules don't
do it, then there have to be some that do, because we want every person
to participate. You've been elected just like anyone else in this body, and
you deserve to be a player, and we are going to try to make you a player.
Thank you for your attention.

Introduction and Reference

By Representatives Mackenzie and Lippman-

HR 2-Org.-A resolution establishing the Rules of the House of
Representatives.

Filed

Adjournment
On motion by Rep. Jones, the House adjourned at 1:49 p.m., sine die.

November 19, 1996

35

JOURNAL OF THE HOUSE OF REPRESENTATIVES

November 19, 1996

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through
35, inclusive, are and constitute a complete, true, and correct journal and
record of the proceedings of the House of Representatives of the State of
Florida at the Organization Session of the 78th House since Statehood in
1845, convened under the Constitution, held November 19, 1996.

lerk o the House
Tallahassee, Florida
November 19, 1996

36

INDEX

to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Organization Session

November 19, 1996

Miscellaneous Subjects

SubjectPages

MEMBERS
Certified List .......................................1-2
Oath of Office ...................................... 2-3

OFFICERS
Clerk; designation-remarks by Rep. Gay ...................5
Oath of Office
Clerk .........................................5
Sergeant at Arms .......... ................. ..... 5
Speaker ............................ ........... 3
Speaker pro tempore ............... .............. .4
Sergeant at Arms; designation ...........................5
Speaker
Election .......................... ............... 3
Nominations-remarks by Reps. Starks,
Jones, Merchant, Rodriguez-Chomat, Logan,
Mackenzie, Hafner, and Mackey .................... ...3
Speaker pro tempore
Election ........................ ..................4
Nominations-remarks by Reps. Garcia,
Arnall, Clemons, and Roberts-Burke .................... 4

PRAYER .................................................. 2

PRESENTATION
Guests ..............................................3
Temporary presiding officer ...........................1

REMARKS
Clerk ..............................................5
HR 1-Org. ................... ................ 27-35
Motion to spread remarks ........................... 5, 27
Speaker .... ........ ...... .... ...... ...........4, 35
Presented by Rep. Wise ............................ 3-4
Speaker pro tempore ............................... ..4-5
Presented by Speaker Webster ................... .. .4

RULES OF THE HOUSE
HR 1-Org.; Rules for 1996; adopted ................... .. 5-27
HR 2-Org.; Rules for 1996; filed ........................ 35

VOTES
Election of Speaker ................................... .3
Election of Speaker pro tempore .......................... 4
HR 1-Org. ................ ........................27

37

	Title Page
	Members of the House of Repres...
	November 1996
	Index