Journal of the Senate Number 22—Regular Session Wednesday, March 20, 2002 CONTENTS DOCTOR OF THE DAY Bills on Third Reading . 1037 The President recognized Dr. Robert Knaus of Seminole, sponsored by Call to Order . 1036, 1110 Senator King, as doctor of the day. Dr. Knaus specializes in Psychology Co-Sponsors . 1222 and Sports Medicine. House Messages, Final Action . 1222 House Messages, First Reading . 1212 ADOPTION OF RESOLUTIONS Introduction and Reference of Bills . 1212 Motions . 1110, 1212 At the request of Senator Dawson— Motions Relating to Committee Reference . 1212 Point of Order . 1197, 1204 By Senator Dawson— Point of Order Ruling . 1205 Remarks . 1111, 1178 SR 1896—A resolution in honor of the late Charles Spencer Pompey. Reports of Committees . 1212 Resolutions . 1036 WHEREAS, on July 24, 2001, the Delray Beach area lost a valued Special Order Calendar . 1061, 1110, 1130 citizen and friend in the person of longtime educator, historian, and Special Recognition . 1111, 1116 activist Charles Spencer Pompey, only seven days short of his eighty- Statement of Intent . 1042 sixth birthday, and CALL TO ORDER WHEREAS, encouraged by his mother’s determination that her five children be properly educated, Charles Pompey became valedictorian of The Senate was called to order by President McKay at 9:00 a.m. A his high school class at the age of 15 and graduated summa cum laude quorum present—39: in 1939 from Johnson C. Smith University in Charlotte, North Carolina, at that time a remarkable achievement for an African American, and Mr. President Geller Posey Brown-Waite Holzendorf Pruitt WHEREAS, during a career that spanned 41 years, Mr. Pompey suc- Burt Jones Rossin cessfully taught social studies, coached athletics, and served as principal Campbell King Sanderson in the public schools of Florida, but it was through his soft-spoken exam- ple that generations of black children learned the principles of achieve- Carlton Klein Saunders ment, equality, and respect and, an issue very dear to his heart, the Clary Latvala Sebesta importance of voting, and Constantine Laurent Silver Cowin Lawson Smith WHEREAS, although totally dedicated to his profession, Mr. Pompey Crist Lee Sullivan was vitally interested in every facet of life in the community, and it was Diaz de la Portilla Meek Villalobos he who fought to desegregate the area beaches, pressed the city fathers Dyer Miller Wasserman Schultz to install street lights, sidewalks, and paved streets in black neighbor- Futch Mitchell Webster hoods, and pushed for the first organized recreation programs for the Garcia Peaden Wise city’s African-American children, an effort which resulted in his having Pompey Park named in his honor, and Excused: Senator Dawson WHEREAS, never a man to hesitate to define and act on his convic- tions, Mr. Pompey was one of three African-American teachers who PRAYER initiated the first class-action lawsuit in federal court to eliminate teacher salary disparity between the races; co-organized and served as The following prayer was offered by Faye Blanton, Secretary of the the first president of the Palm Beach County Teachers Association; Senate: initiated the athletic program at Carver High School, which hosted the Our Heavenly Father, we thank you for another beautiful Florida day first interscholastic track meet for black schools in the state, and set up and, Lord, we are reminded of your magnificence and your gift to us for and chaired the first Political Clinic for Teachers in the state, and allowing us to live in this gorgeous state. WHEREAS, Mr. Pompey was the first African American elected to the We ask a special prayer for the family of Marvin Arrington, friend of Florida Education Association Board of Directors; served as Palm Beach the Legislature, who died last night. Be with his wife, Lynn, his son, County’s delegate to the first Governor’s Conference on Education; and Reynolds, and his daughter, Maggie. was the recipient of the first Annual Human Relations Award in Educa- tion in Florida; hence, with so many “firsts” to his credit, it is fitting that I also pray that as these Senators today take leadership in this state, he be remembered as one who lived up to the motto of his fraternity, that you will give them clarity of mind and purity of heart. “First of all, to be a servant of all, to transcend all,” NOW, THEREFORE, Lord, may all that is done in this place today be good for the citizenry, Be It Resolved by the Senate of the State of Florida: and also within your will. In your holy name, Amen. That the Senate pauses in its deliberations to honor the late Charles Spencer Pompey, a man of great stature and superlative accomplish- PLEDGE ments. Senate Pages Aaron Irving of Leesburg, Adeniyi Aderibigbe of Mayo, —SR 1896 was introduced, read and adopted by publication. Jordan Webster of Orlando and Joseph Salas of Palmetto, led the Senate in the pledge of allegiance to the flag of the United States of America. 1036 March 20, 2002 JOURNAL OF THE SENATE 1037 At the request of Senator Saunders— place of primary use is within the state; specifying that certain defini- tions applicable to the Communications Services Tax Simplification Law By Senator Saunders— apply to the E911 fee; amending ss. 212.0501, 212.08, 212.20, 509.032, and 561.1105, F.S.; conforming cross references to changes made by the SR 2670—A resolution recognizing Brian Shimer, resident of Naples, act; specifying that certain provisions of the act are remedial in nature Florida, and member of the four-man United States Olympic bobsled and intended to clarify the law in effect on the effective date of the act; team that captured the bronze medal at the 19th Olympic Winter Games requiring the Department of Revenue to submit a report of the accuracy in Salt Lake City. of the 2001 revenue estimates of the state and local communications services taxes to the Governor, the President of the Senate, and the WHEREAS, as a resident of warm and sunny Naples, Brian Shimer Speaker of the House of Representatives; repealing s. 212.05(1)(g), F.S., persevered and excelled in an unusual sport in this state which involves relating to a sales tax on certain substitute telecommunications equip- piloting a sled through 15 twists and turns as it rockets down a steep, ment; providing effective dates. one-mile tunnel of ice, and —a companion measure, was substituted for CS for CS for SB 1610 WHEREAS, as the premier bobsled driver in the United States since as amended and by two-thirds vote read the second time by title. On 1990 and a winner of the World Cup championship in 1987 in the four- motion by Senator Pruitt, by two-thirds vote CS for HB 1511 was read man sled, 39-year-old Brian Shimer participated in his fifth and final the third time by title, passed and certified to the House. The vote on Winter Olympic Games as the driver of USA-2, a bobsled team consist- passage was: ing of Brian and Mike Kohn, Doug Sharp, and brakeman Dan Steele, and Yeas—32 WHEREAS, after missing the bronze medal by two-hundredths of a Mr. President Garcia Pruitt second at the 1998 Winter Olympic Games in Nagano, Japan, Brian Brown-Waite Holzendorf Rossin Shimer was able to hold off former World Cup champion, Martin Annen Burt Klein Saunders of Switzerland, on the final run in Park City, Utah, to clinch the bronze Campbell Latvala Sebesta medal and join silver medalist Todd Hays and the team that piloted Clary Laurent Smith USA-1 on the medals podium in Salt Lake City, ending a 46-year medal Constantine Lee Sullivan drought for the United States in a sport typically dominated by Europe- ans, and Cowin Meek Villalobos Crist Miller Wasserman Schultz WHEREAS, as a tribute to his years of dedication and training as an Diaz de la Portilla Mitchell Webster accomplished athlete who defined the sport of bobsledding in the United Dyer Peaden Wise States for 15 years, Brian Shimer was chosen by the other Winter Olym- Futch Posey pic athletes from the United States to carry the American flag during the closing ceremony at the Rice-Eccles Olympic Stadium, and Nays—None WHEREAS, Brian Shimer’s accomplishments have brought honor to Vote after roll call: this state, NOW, THEREFORE, Yea—Carlton, Geller, Jones, King, Lawson, Sanderson Be It Resolved by the Senate of the State of Florida: That the Florida Senate commends Brian Shimer for his outstanding Consideration of HB 1943, SB 2502, CS for SB 1108, CS for SB dedication to his sport and to the Olympic dream, which dedication has 1116, CS for CS for SB 1654 and HB 813 was deferred. brought honor to this state. BE IT FURTHER RESOLVED that a copy of this resolution, with the Seal of the Senate affixed, be presented to Brian Shimer as a tangible SENATOR ROSSIN PRESIDING token of the sentiments of the Florida Senate. On motion by Senator Cowin, by two-thirds vote CS for HB 1447 was —SR 2670 was introduced, read and adopted by publication. withdrawn from the Committee on Criminal Justice. BILLS ON THIRD READING On motion by Senator Cowin, by two-thirds vote— On motion by Senator Pruitt, by two-thirds vote CS for HB 1511 was CS for HB 1447—A bill to be entitled An act relating to arrest without withdrawn from the Committees on Regulated Industries; Comprehen- a warrant; amending s. 901.15, F.S.; authorizing a law enforcement sive Planning, Local and Military Affairs; and Finance and Taxation. officer to make an arrest without a warrant when there is probable cause to believe that the person has committed assault upon a law enforcement On motion by Senator Pruitt, by two-thirds vote— officer, a firefighter, an emergency medical care provider, public transit employees or agents, or certain other officers or has committed assault CS for HB 1511—A bill to be entitled An act relating to the communi- or battery upon any employee of a receiving facility; amending ss.