The Journal OF THE House of Representatives

Number 1 Tuesday, March 2, 1999

Journal of the House of Representatives for the 101st Regular Session since Statehood in 1845, convened under the Constitution of 1968, begun and held at the Capitol in the City of Tallahassee in the State of Florida on Tuesday, March 2, 1999, being the day fixed by the Constitution for the purpose.

This being the day fixed by the Constitution for the convening of the Henriquez Maygarden Rayson Stafford Legislature, the Members of the House of Representatives met in the Heyman Melvin Reddick Stansel Chamber at 10:20 a.m. for the beginning of the 101st Regular Session Hill Merchant Ritchie Starks and were called to order by the Speaker, the Honorable John Thrasher. Jacobs Miller, J. Ritter Sublette Johnson Miller, L. Roberts Trovillion Prayer Jones Minton Rojas Turnbull Kelly Morroni Russell Valdes The following prayer was offered by the Reverend R. B. Holmes, Jr., Kilmer Murman Ryan Villalobos of Bethel Missionary Baptist Church of Tallahassee: Kosmas Ogles Sanderson Wallace Eternal God, Loving Father, Wonderful Counselor, Ruler and Maker Kyle Patterson Sembler Warner of all good things, we come to thank you for this day, for this hour, for Lacasa Peaden Smith, C. Wasserman Schultz this last legislative session of the 20th century. This is the day which the Lawson Posey Smith, K. Waters Lord has made; we will rejoice and be glad in it. Levine Prieguez Sobel Wiles Logan Pruitt Sorensen Wilson O God, bless this House of Representatives as they come this season Lynn Putnam Spratt Wise to embark upon the great works of this most blessed state. Lord, empower our leaders with your Holy Spirit, your power, your peace, and (A list of excused Members appears at the end of the Journal.) your divine presence. Merciful God, bless their staff and families with A quorum was present. your richest blessings from above.

Mighty God, bless our Speaker of this great House, Mr. Thrasher. Pledge Lord, give him the strength to lead, the spirit to stay renewed, the The Members pledged allegiance to the Flag, led by Pete Ballas and wisdom to seek the truth, and the courage of his faith to do what is right Shirley A. Jones of the Air Force Association; John H. Anderson of the and pleasing in your holy sight. American Ex-POWs; Duke Peters, Ken Powell, Sr., and Frank Reese of And now, Lord God, visit this House daily. Smile upon this House. the American Legion; Lawrence E. Strainge, State Commander of the Bring unity into this House. Create your Spirit in this House. Bless this American Legion; Earnest Black, Curt Craig, Dick Griese, Leroy Hill, House, and let your will be done. In the name of God the Father, God the and Al Linden of the Disabled American Veterans; John Brennan of the Son, and God the Holy Ghost, we pray. Amen, Amen, and Amen. Florida Civil Air Patrol; Bill Kling of the Florida Commission on Veterans Affairs; Charles Jones of the Reserve Officers Association; The following Members were recorded present: Fred Edwards and Klyne D. Nowlin of the Retired Officers Association, Florida Council of Chapters; Julie Nowlin of the Retired Officers The Chair Boyd Crow Fuller Association; Pauline Edwards of the Retired Officers’ Wives Association; Albright Bradley Dennis Futch Stephen Bowers, Billy L. Cypress, and Clyde Tiger of the Seminole Tribe Alexander Bronson Detert Garcia of Florida; Ed Kaminski of the Veterans of Foreign Wars; and Charley Andrews Brown Diaz de la Portilla Gay D. Price and Michael R. Rennick of the Vietnam Veterans of America. Argenziano Brummer Dockery Goode Arnall Bush Edwards Goodlette House Physician Bainter Byrd Effman Gottlieb Ball Cantens Eggelletion Green, C. The Speaker introduced Dr. James Dolan of Jacksonville, who served Barreiro Casey Farkas Greene, A. in the Clinic today upon invitation of the Speaker. Bense Chestnut Fasano Greenstein Presentation of Former Republican Leaders Betancourt Constantine Feeney Hafner Bilirakis Cosgrove Fiorentino Harrington The Speaker presented the following former Republican Leaders who Bitner Crady Flanagan Hart were present today at his invitation: the Honorable William C. Cramer, Bloom Crist Frankel Healey the Honorable Jim K. Tillman, the Honorable S. Curtis “Curt” Kiser, the 1 2 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Honorable Ronald R. “Ron” Richmond, the Honorable R. Dale Patchett, Circuit Courts County Court and the Honorable Sandra Barringer Mortham. Circuit Request Certified County Request Certified First 1 1 Okaloosa 1 Presentation of Former Speakers Second 1 1 Leon 1 1 The Speaker presented the following former Speakers who were Third 1 1 Columbia 1 present today at his invitation: the Honorable Doyle E. Conner, the Fourth 1 1 Duval 1 1 Honorable Mallory E. Horne, the Honorable Ralph D. Turlington, the Fifth 2 2 Lake 1 Honorable T. Terrell Sessums, the Honorable Donald L. Tucker, the Sixth 2 2 Honorable Ralph H. Haben, Jr., the Honorable H. Lee Moffitt, the Honorable James Harold Thompson, the Honorable T. K. Wetherell, the Seventh 1 1 Putnam 1 1 Honorable Peter R. Wallace, and the Honorable Daniel Webster. Eighth 1 1 Ninth 2 2 Orange 1 Presentation of the Smith Family Tenth 1 1 Polk 2 2 The Speaker presented Janet Smith and son Gregory from Orange Eleventh 2 1 Dade 1 Park. Twelfth 1 1 Sarasota 1 Thirteenth 2 2 Hillsborough 1 1 Presentation of Guests Fifteenth 2 1 Palm Beach 2 The Speaker presented Mark Hulsey and Steve Busey of the Smith Seventeenth 3 3 Broward 2 Hulsey & Busey law firm. Eighteenth 1 1 Brevard 1 Nineteenth 2 2 Correction of the Journal Twentieth 1 1 The Journal of November 17, 1998, Organization Session, was Totals 27 25 Totals 17 6 corrected and approved as corrected. Appellate Courts Communications The criteria for certification of the need for additional judges in the district courts of appeal are set forth in rule 2.035(b)(2), Florida Rules Governor Jeb Bush advised that he desired to address the Legislature of Judicial Administration. The last new judgeships for the district in Joint Session today. courts were authorized in 1993. Since that time the numbers of annual filings in each district court have risen steadily. In 1998 a total of 21,334 Certificate of Judicial Manpower cases were filed in the district courts for an increase of 15.5 percent since 1993. The following Certificate of Judicial Manpower was received: Each of the district courts have employed an array of strategies to No. 94,890 address increased workload pressures. They have streamlined internal operating procedures, established central legal research staff to handle In Re: CERTIFICATION OF THE NEED FOR selected matters, and assigned senior (retired) judges to hear appeals on ADDITIONAL JUDGES a temporary basis. The First and Fourth district courts of appeal utilize appellate mediation to improve case resolution. We have encouraged the [February 18, 1999] district courts to continue to explore and develop alternative and creative means to efficiently and fairly hear the cases brought before HARDING, C.J. them. Such efforts have enabled the district courts to address increases Under the provisions of article V, section 9 of the Florida Constitution, in judicial workload without the continued addition of new appellate the Supreme Court of Florida is responsible for certifying its findings judges. However, several of these courts are approaching the point when and recommendations concerning the need for increasing or decreasing additional judgeships will be needed. the number of judges required to consider cases filed before the In 1997 this Court directed the Judicial Management Council to respective courts. We appreciate the fiscal ramifications of certifying the conduct an in-depth study of workload, jurisdiction and related policy need for new judges and have adopted a policy of doing so only when we issues for the district courts of appeal. The Council’s Committee on are certain that such a need exists. To this end, we have analyzed case Appellate Court Workload and Jurisdiction proposed the adoption of a filings and evaluated the growth in judicial workload over the past new appellate court workload standard of 225 dispositions after several years. Our analysis included consideration of a variety of submission on the merits per judge and an additional appellate court supplemental data related to workload as well. These data and the workload standard of 385 case filings per judge. These two standards, requests of the various circuit and district courts have been made whether considered separately or together, represent the levels at which available to the Legislature through the Office of the State Courts a district court, presumptively, is in need of additional judicial Administrator. resources. These standards are significantly higher than the current standard of 250 case filings per judge, and reflect the infusion of support After carefully reviewing requests for a total of 45 new judges, we staff and other resources over the last decade which have enabled the hereby certify the need for 1 additional district court of appeal judge, 25 district courts to keep pace with workload increases. additional circuit judges, and 6 additional county judges, for a total of We certify the need for one additional judgeship for the Fifth District 32 new judicial positions. We recognize this is an unusually large Court of Appeal. In 1998 the statewide average for dispositions after request for new judgeships. However, the size of this year’s certification submission on the merits per judge was 209. The Fifth District Court of is largely attributable to the fact that authorizing legislation for 18 Appeal ranked first among these courts with a total of 264 dispositions additional circuit and 5 additional county judgeships, certified as after submission on the merits per judge in 1998. The 1998 statewide necessary last year, failed to pass during the 1998 legislative session. A average for filings per judge was 349. The Fifth District Court of Appeal comparison of the requests for new judges filed by the respective courts ranked first with 393 filings per judge in 1998. and the new judges certified as needed for Fiscal Year 1999-00 follows: In addition to authorizing and funding an additional judge for the District Court Request Certified Fifth District Court of Appeal, we strongly urge the Legislature to fund Fifth 1 1 the budget requests of the district courts of appeal for mediation March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 3 services, central staff attorneys, computer technology, and additional required to be submitted on a standardized judgeship needs application technology staff. so that data related to the workloads of the respective jurisdictions could be more effectively evaluated and compared. This format enabled the In examining the workload of the intermediate appellate courts we Court to assess more accurately the extent to which the requesting also considered the report of the Committee to Study the Need for courts were employing best practices in managing their caseloads. For Additional District Courts of Appeal, of the Judicial Management instance, more uniform information was provided on how trial courts Council. The Committee was charged with studying both the need for were able to utilize senior judges; county court judges on temporary and location of additional district courts. The Legislature has been assignment to circuit court; supplemental hearing officers; various types provided copies of the Committee’s report pursuant to proviso language of mediation; and case management policies and personnel. We in the FY 1998-99 General Appropriations Act. recognize that some courts do not have the level of resources enjoyed by The Committee studied and reported on the past and projected growth others. in volume and distribution of caseload for the district courts of appeal, The application for additional judges also yielded more complete and as well as their effect on court collegiality. Also considered were uniform information on factors which made the mix of cases in the population projections, alternative sites for additional courts, a variety various trial courts more or less demanding of judicial resources. of possible realignments of the judicial circuits, and public input on draft Factors evaluated in this regard included jury trial rates; the extent and recommendations. The Committee concluded that “[w]ithin five years, type of complex litigation being filed in the jurisdiction; requirements there will be a need for two additional district courts of appeal. This for foreign language translation; geographical constraints on judicial recommendation is based upon a workload standard of 385 filings per assignments and work; and the ratio of defendants to counts in criminal judge and an allocation of ten judges in each court with a maximum of cases. A summary of the factors considered with regard to each trial 12 judges in any court,” and that “planning should begin now for court will be provided separately from this opinion by the Office of the implementing this recommendation.” The creation of two additional State Courts Administrator. districts would require realignment of numerous judicial circuits among the district courts of appeal. The Committee proposed that the seven After reviewing all the available data, we find it necessary to certify district courts of appeal be headquartered in Tallahassee, Orlando, the need for 25 additional circuit court judges for Fiscal Year 1999-00, Miami, West Palm Beach, Jacksonville, Tampa, and western Broward as follows: one additional circuit court judge each for the First, Second, County. Third, Fourth, Seventh, Eighth, Tenth, Eleventh, Twelfth, Fifteenth, Eighteenth, and Twentieth judicial circuits; two additional circuit court The Court is appreciative of the extraordinary time and effort the judges each for the Fifth, Sixth, Ninth, Thirteenth, and Nineteenth members of the Committee to Study the Need for Additional District judicial circuits; and three additional circuit court judges for the Courts of Appeal gave to their assigned task. Their report is thoughtful Seventeenth Judicial Circuit. and well substantiated. It is clear the historical growth in district court caseloads may require us to revisit this concern in the future. The overall workload of Florida’s circuit courts continues to grow at a steady rate. From actual 1993 data through forecasted 1999 data, total However, there are several reasons the Court is reluctant to filings are projected to increase 16 percent. One category of cases that recommend the Legislature initiate planning on the Committee’s has grown dramatically statewide and has significantly impacted recommended plan for seven district courts at this time. First, while judicial workloads is domestic violence. Filings in this category have case filings from 1993 through 1998 increased by 25 percent, the rate of grown from 44,932 in 1992 to a projected 74,906 for 1999, or growth in district court of appeal caseloads in the past few years has approximately 67 percent. Many of the trial courts have created slowed. There were actually 891 fewer total filings in 1998 than in 1997. specialized divisions to handle these cases, which often limits the A number of other factors outside the Committee’s charge need to be availability of judges assigned to those divisions to hear other matters. addressed as a plan for increasing the number of district courts is Not only are circuit court filings increasing, but also the collective developed. This Court is concerned that as new courts are brought on perception of the trial court bench is that many categories of cases being line the number of conflicting rulings will increase. The creation of filed are more labor intensive than in previous years. Changes in the additional courts will require the development of plans for and statutes, case law, and court procedure in recent years have reallocation of judges and court staff. Further, the substantial fiscal necessitated more hearings for various types of cases, mandated priority implications of the Committee’s proposals or others the Legislature may handling for certain matters, and required judges to render written consider should be examined carefully. findings of fact and conclusions of law more frequently. Often these Again, it is noted that the Committee was not asked to make an changes cannot be measured in terms of a need for full-time judicial assessment of either the fiscal or operational impacts of the various positions in a particular jurisdiction, but instead serve to gradually alternatives for increasing or reconfiguring the district courts. These increase workload across the board. and other pertinent factors should, however, be part of the future We also recognize the obligation of the Judicial Branch to join with the dialogue between the judicial and legislative branches on the need for Executive and Legislative Branches to give priority to our State’s most additional courts. precious resource—our children. Two recent laws enacted by the Trial Courts Legislature are expected to have substantial impacts on judicial workload statewide. Chapter 98-403, Laws of Florida, made significant The criteria for certification of the need for judges in trial courts are changes in Florida’s child welfare system, with regard to children who set forth in rule 2.035(b)(1), Florida Rules of Judicial Administration. are dependent on the state for protection. Prior to the effective date of Consistent with previous practice, we have placed the greatest weight the new law the courts were required to conduct judicial review hearings on quantitative data reflecting the growth and composition of caseloads every six months, but only in cases where the children were placed in in the various circuits and counties. We have determined that the most foster care. These foster care cases comprised less than 40 percent of the consistent and reliable measure of workload at the trial court level is total dependency caseload. As of October 1, 1998, the courts are now total case filings per judge. Courts at or above a threshold of 1,865 filings mandated to conduct judicial review hearings every six months on all per judge are presumed to be working beyond capacity, though those dependency cases. Mandatory pretrial status conferences are now data alone are not sufficient to either guarantee or preclude a required in every case involving termination of parental rights. Not only certification of need. In addition to filings data, other quantitative and have more hearings been added, the length of such hearings is often qualitative data on factors described in rule 2.035(b)(1)(B), Florida greater because the new statutory provisions expanded the information Rules of Judicial Administration, were considered. which the court must consider at each hearing. Courts are now required to make lengthy written findings of fact for each hearing that they It is noted that in response to a report by the Office of Program Policy conduct as well. Analysis and Governmental Accountability in January of 1998, this Court initiated several enhancements to the current certification Additionally, Chapter 98-64, Laws of Florida, referred to as the process. All requests for additional circuit and county court judges were “Jimmy Ryce Act,” is expected to result in a substantial increase in 4 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 judicial workload. We considered a range of estimates from several Many of the county courts, particularly in the urban jurisdictions, legislative and executive branch sources on the number of civil petitions have used available state and local funding for civil traffic infraction that may be filed on adults and juveniles under this law, and the hearing officers. Preliminary data from these courts indicate that such resulting trials. The anticipated growth in the total number of civil hearing officers preside over between 20 percent and 95 percent of civil trials in the circuit courts is expected to range from 8 to 13 percent, infractions, depending on the county. Hearing officers have thus depending on which data are considered. This could translate into the provided much needed relief in such courts and, to some extent, obviated need for several additional judgeships on a statewide basis, though few, the need for additional county court judges. We are grateful to the if any, circuits are expected to require a full-time equivalent judge for Legislature for providing matching funds for hearing officers and find this purpose alone. To some extent, this workload may be cumulative the hearing officers a necessary adjunct to the county court judiciary. since persons who are subject to involuntary civil commitment under the Act, as the result of a unanimous jury verdict, are eligible to seek review Proviso language in the FY 1998 General Appropriations Act directed of their cases on an annual basis. Further, where a jury fails to reach a this Court to undertake development of Delphi-based case weights and unanimous verdict, under certain circumstances the case may be measures of optimum caseload, to be used in the process of certifying the retried. need for additional judges in the future. The State Courts System has We gave careful consideration to all of the foregoing factors in contracted with the National Center for State Courts in that regard. The establishing the necessity for additional judgeships not only for trial timetable for this effort provides for completion of the case weights and courts at or above the threshold, but also for trial courts that are standards for optimum caseload for use in next year’s judicial somewhat below the standard as well. Ten of the courts for which we are certification process, contingent upon additional funds being currently certifying a need for an additional circuit court judge or judges appropriated by the Legislature. are forecast to exceed the 1,865 filings per judge threshold in 1999, including the Second, Third, Fifth, Sixth, Ninth, Tenth, Twelfth, This Court is of the opinion that the serial addition of circuit and Eighteenth, Nineteenth and Twentieth judicial circuits. We also certify county court judges will not in and of itself ensure the increased the need for one additional circuit court judge each to the First, Fourth, efficiency and performance of the Florida State Courts System that the Seventh and Eighth judicial circuits, which are expected to have 1999 citizens expect and deserve. We will continue to rely heavily on the workloads marginally below the threshold. Other circuits whose allocation of alternative resources as stated in our Fiscal Year 1999-00 projected filings per judge were below the threshold, but for which we Legislative Budget Request for additional senior (retired) judge days, found justification to certify the need for additional judgeships included law clerks, automation and other technology, and specialized case the Eleventh (one judge), Thirteenth (two judges), Fifteenth (one judge), management programs and personnel. and Seventeenth (three judges) judicial circuits. Nevertheless, full funding of the requests certified in this opinion is While we recognize that all of the circuits are faced with mounting absolutely essential if Florida’s courts are to meet the workload workload pressures, we continue to limit the number of new judgeships challenges documented herein and fulfill their constitutional mandate certified by supplementing the available judicial resources with senior to resolve cases in a fair, impartial, and timely manner. Therefore, this (retired) judges. We also encourage the circuits to maximize the use of Court encourages the Florida Legislature to authorize the judgeships county court judges on temporary assignment to the circuit bench where certified herein, effective not later than October 1, 1999. appropriate. In addition to the effective and cost efficient use of senior (retired) judges and county judges on temporary assignment, trial courts It is so ordered. have employed an array of resources and case management strategies including: differentiated case management to consolidate and expedite SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., certain types of cases; the use of general or special masters and child concur. support enforcement hearing officers; court-ordered mediation or arbitration of family, civil, and selected juvenile matters; and the Original Proceeding - Certification of the Need for Additional Judges assignment of trial court law clerks to assist with case reviews, improved case management practices, and legal research. This Court Vetoed Bills encourages the continued use of these alternatives. The following veto messages were received: Caseloads in Florida’s county courts continue to increase at a steady rate as well. County court case filings increased 5.1 percent from 1993 The Honorable John Thrasher February 23, 1999 to 1997. This increase is attributable to growth in both criminal and civil Speaker, House of Representatives case filings, and was considered in evaluating the need for additional county court judges. We relied principally on case filings data that were Dear Mr. Speaker: adjusted to include only criminal, civil, and driving under the influence In compliance with the provisions of Article III, Section 8(b) of the and other criminal traffic cases. As in the past, worthless check cases State Constitution, I am transmitting to you for consideration of the and civil traffic infractions were not included in the threshold. This is House, the following 1998 vetoed bills, Regular Session. The Governor’s due to the volume of such cases, their limited requirements for judicial objections are attached thereto. attention per case, diversion of large numbers of worthless check cases in selected jurisdictions, and variability in numbers of such cases CS/CS/HB 757 An act relating to public records reported from county to county. HB 909 An act relating to weapons and firearms County courts with caseload forecasts at or exceeding 6,114 filings per HB 1945 An act relating to public records judge are presumed to be operating at or above capacity. All of the CS/CS/CS/HB 3075 An act relating to municipal firefighters’ counties for which we certify the need for an additional county court pension trust funds and municipal police of- judge are projected to exceed the 6,114 threshold in 1999. We certify the ficers’ retirement trust funds need for six new county court judgeships for Fiscal Year 1999-00: one CS/HB 3107 An act relating to sexual predators each for Leon, Duval, Hillsborough, and Putnam counties, and two for HB 3999 An act relating to termination of pregnan- Polk County. cies CS/HB 4051 An act relating to agriculture The decision not to certify the need for an additional county court CS/HB 4071 An act relating to environmental protection judge in several counties at or near the threshold was difficult. Such CS/CS/HB 4141 An act relating to water resources county courts are realizing growing workload pressures and may require relief during the upcoming year. We are committed to providing Sincerely, necessary senior (retired) judge days and working with the respective KATHERINE HARRIS chief judges on other measures to provide relief in those county courts. Secretary of State March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 5

The Honorable Sandra B. Mortham May 28, 1998 with concealed weapons licenses would benefit by being able to carry Secretary of State their guns for protection in other states. Because this is a legitimate consideration, an acceptable law would allow out-of-state citizens to Dear Secretary Mortham: carry concealed weapons in Florida if the licensing requirements in their By the authority vested in me as Governor of Florida, under the home states were equal to the responsible measures we have established provisions of Article III, Section 8, of the Constitution of Florida, I do here. Unfortunately, this bill does not meet this standard. For these hereby withhold my approval of and transmit to you with my objections, reasons, I am withholding my approval of House Bill 909 and do hereby Committee Substitute for Committee Substitute for House Bill 757, veto the same. enacted during the 100th Session of the Legislature of Florida since Sincerely, statehood in 1845, convened under the Constitution of 1968, during the LAWTON CHILES Regular Session of 1998, and entitled: Governor

An act relating to public records; . . . . The Honorable Sandra B. Mortham May 22, 1998 Committee Substitute for Committee Substitute for House Bill 757 Secretary of State provides a public records exemption for information about patients of Dear Secretary Mortham: home medical equipment providers which is obtained by employees or service providers or the licensing agency. It also includes a public By the authority vested in me as Governor of Florida, under the records exemption for information obtained by the Agency for Health provision of Article III, Section 8 of the Constitution of the State of Care Administration or a home medical equipment provider in Florida, I do hereby withhold my approval of and transmit to you with connection with background screening of prospective employees of the my objections, House Bill 1945, enacted during the 100th Session of the provider. The effective date of Committee Substitute for Committee Legislature since Statehood 1845, during the Regular Session of 1998, Substitute for House Bill 757 is contingent on House Bill 759 or similar and entitled: legislation creating the Home Medical Equipment Provider Licensure Act taking effect in the same legislative session. House Bill 759 died in An act relating to public records; . . . . Committee on Finance and Taxation on May 1, 1998 and similar House Bill 1945 enacts a duplicative and therefore unnecessary public legislation in the companion Senate Bill 294 died in messages on May records exemption. The Florida Statutes currently provide 1, 1998. Therefore, no legislation was passed to create the Home Medical confidentiality for the donors and prospective donors to the newly Equipment Provider Licensure Act during the 1998 Legislative session. created Florida Endowment Foundation for Florida’s Graduates in For these reasons, I am withholding my approval of Committee section 229.8021 (4). The foundation has an exemption for donor records Substitute for Committee Substitute for House Bill 757, and do hereby by its status as a direct-support organization for the Department of veto the same. Education. Applicants and clients of the Jobs for Florida’s Graduates program created by House Bill 1901 will also have a public records Sincerely, exemption. The confidentiality of student examinations and assessment LAWTON CHILES instruments is provided in section 232.248 of the Florida Statutes. Governor Passage of this law would provide a duplicative and unnecessary public The Honorable Sandra B. Mortham May 22, 1998 records exemption. Secretary of State For these reasons, I am withholding my approval of House Bill 1945 Dear Secretary Mortham: and hereby veto the same.

By the authority vested in me as Governor of Florida, under the Sincerely, provisions of Article III, Section 8, of the Constitution of Florida, I do LAWTON CHILES hereby withhold my approval of, and transmit to you with my objections, Governor House Bill 909, enacted during the 100th Session of the Legislature of The Honorable Sandra B. Mortham May 27, 1998 Florida since statehood in 1845, convened under the Constitution of Secretary of State 1968, during the Regular Session of 1998, and entitled: Dear Secretary Mortham: An act relating to weapons and firearms; . . . . By the authority vested in me as Governor of Florida, under the This legislation would extend the privilege of carrying a concealed provisions of Article III, Section 8, of the Constitution of the State of weapon in Florida to nonresidents who have obtained concealed Florida, I do hereby withhold my approval of and transmit to you with weapons licenses in other states. Here in Florida, being allowed to carry my objections to Committee Substitute for Committee Substitute for a concealed weapon to protect yourself and your family is considered a Committee Substitute for House Bill 3075 enacted during the 100th very serious responsibility. That is why the state of Florida only issues session since statehood in 1845, during the Regular Session of 1998, and concealed weapons licenses to those who have undergone an extensive entitled: state and federal background check and who have successfully completed a firearms safety training course. In fact, legislation has just An act relating to municipal firefighters’ pension trust funds and been passed which further strengthens Florida’s standards by denying municipal police officers’ retirement trust funds. . . . a concealed weapons license to anyone with a recent history of misdemeanor or domestic violence. However, in most other states, Committee Substitute for Committee Substitute for Committee including the majority of those who would be covered under this law, the Substitute for House Bill 3075 is designed to realize a number of requirements for obtaining a concealed weapons license are not as important policy objectives. Using state financial incentives, it aims to rigorous as they are here. In some states, the background check is not secure a minimum level of pension benefits for firefighters and police as thorough or not required at all; in others, no firearms safety training officers throughout Florida. It seeks to provide, contingent upon is required. A few states are even so lenient as to not do a background available revenues, additional benefits to firefighters and police officers check and not require safety training. This raises the unacceptable over and above those provided to general employees. And finally it possibility that concealed weapons could be legally carried in Florida by attempts to ensure better state oversight and greater accountability of out-of-state citizens with criminal backgrounds or no proven ability to firefighter and police officer pensions plans. safely handle a gun. This legislation is the product of a long and highly contentious debate. I am sure that the vast majority of those carrying concealed weapons Many of the claims made about its adverse impacts on municipalities in other states are law-abiding citizens. I also realize that Floridians and special districts have been wildly overstated, more the result of 6 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 mistrust and misinformation than close analysis and careful intent pertaining to specific provisions of the law, and deemed necessary consideration. It does not suffer from most of the ills held against it. It to accomplish the expressed objectives of specific provisions of the can provide a positive framework within which pension policy for legislation. Such a rule might even avoid prolonged legal challenges and firefighters and police officers can be resolved. But to do so, it must first avoid the most costly implications commonly attributed to this bill. It is correct those defects that have contributed directly to the unlikely, though, even in this optimal circumstance, to be costless to all misapprehensions that it has aroused. In large measure, this means the the municipalities and special districts affected. Several local legislation must be made more clear before it should be allowed to governments have adopted interpretations of Chapters 175 and 185 that become law. differ from the provisions of the legislation. Even under the most salutary construction, local governments are likely to experience some During the course of the legislative debate on Committee Substitute expense. This is a prospect the legislation might well have avoided if it for Committee Substitute for Committee Substitute for House Bill 3075, had addressed a period of transition and review. In an effort to deftly I proposed a number of changes intended to clarify the effects of the resolve a troubled set of policies, this legislation sets loose another set legislation. I hoped that those changes would reinforce the general of troubles. intent that this legislation avoid a direct, immediate impact on local finances. I believed that the changes would have helped to avoid future I agree with the basic tenets of this legislation. The state insurance litigation and establish a sound basis for state oversight. Unfortunately, premium tax has been rebated to local government to provide additional my proposed changes were not adopted. As it stands, Committee benefits to firefighters and police officers over and above that provided Substitute for Committee Substitute for Committee Substitute for to general employees when such money is available to do so, provided House Bill 3075 contains provisions which are confusing and frequently the local government’s pension plan is in compliance with state law. The misleading. pension funds of firefighters and police officers should be properly accounted for and spent. This policy recognizes the special hazards and Several of the bill’s most important provisions revolve around the use exceptional service these employees provide in good times and bad. It of the insurance premium tax. “In all cases,” the tax is to “be used in its provides an incentive to insure that these employees are given a set of entirety to fund extra benefits to firefighters, or to firefighters and police minimum benefits in their retirement. officers.” The case for this provision is compelling, but its practical effect raises concerns precisely because the bill does not clarify how it would These principles are at the core of this legislation. It is particularly affect the revenues currently used to fund local plans, how “in its troublesome then, that even on this point, the legislation is not totally entirety” is to be understood, or how the incremental growth in consistent. The bill exempts a total of 16 supplemental plan insurance premium taxes is to be treated, notwithstanding other municipalities from complying with the definition of “compensation” and statutory provisions such as section 175.162 (2), Florida Statutes. It is the provisions regarding the composition of pension boards. The reasons such ambiguities that have helped create the factual divide between for exempting these municipalities from these provisions of the bill are those who believe that the bill’s compensation and disability provisions unclear. For the most part, the exemptions appear to have little would be prohibitively costly to local governments and those who argue immediate impact. Their long term impact is less certain. But they there will be no cost. undercut the laudable effort of the legislation to establish uniform policies and proper accountability in this vitally important area. This legislation addresses the much discussed and critical issue of how “extra benefits” are defined. Here the legislation follows the This legislation passed each House of the Legislature handily. The suggestion of the Court in Florida League of Cities v. Department of breadth and scope of the support it earned is indicative, I believe, of the Insurance 540 So. 2nd 850 (1st DCA 1989) and offers a valuable high regard in which elected officials at all levels hold our firefighters statutory distinction. Unfortunately, it neglects the way in which these and police officers. The pensions of our firefighters and police officers “extra benefits” will actually be measured. Similar ambiguities and must be protected. I am concerned, however, that this legislation oversights affect the provisions governing the ways by which member actually makes the existing situation worse in some important ways. It contribution rates may be adjusted in section 175.071(2), Florida promises a whole new round of litigation and wrangling between local Statutes, and the authority of the board of trustees in section 175.351(1), governments and the representations of the firefighters and police Florida Statutes. officers. It will color the tone of collective bargaining and will muddy local finances for officials, employees and taxpayers alike. It may even There may have been a time when such weaknesses could be overcome cause some governments to opt out of participation in the insurance by an agency through administrative rule. Not so long ago, the Division premium tax, with the possible diminution of benefits. of Retirement likely could have interpreted the bill’s requirements broadly. The Division’s rules, for example, may have resolved concerns These possibilities can be avoided through additional work and about the implications of the provision that insurance premium tax further refinement of this legislation. It will require a renewed sense of revenues be used in their entirety to fund extra benefits. Concerns over engagement from all those involved. But it is surely what our the effect of changes in “compensation” and disabilities similarly may constituents expect. have been quieted. Similarly, such rules might have clarified the relative authority of the Board of Trustees and the local government. For these reasons, I am withholding my approval of Committee Substitute for Committee Substitute for Committee Substitute for Today, this tack is less likely to succeed. The revisions enacted in 1996 House Bill 3075, and hereby veto the same. to the Administrative Procedures Act directed that rules be tied strictly to specific statutory authority, and that rules be adopted with provisions Sincerely, that extend no further than authorized by the enabling law. Rules, the LAWTON CHILES revisions make clear, are not the appropriate vehicle to correct errors in Governor the law, to extend the reach of the law beyond that which the The Honorable Sandra B. Mortham May 21, 1998 Legislature has specified in the law, or to rectify inconsistencies or Secretary of State ambiguities. As a result, the interpretation of Committee Substitute for Committee Substitute for Committee Substitute for House Bill 3075 Dear Secretary Mortham: that can be incorporated into state rules will be highly circumscribed, making it unlikely the intentions motivating this legislation can be By the authority vested in me as Governor of Florida, under the achieved. The most likely result of an attempt to embed a broad provisions of Article III, Section 8, of the Constitution of Florida, I do interpretation in the rules is likely to be a period of prolonged hereby withhold my approval of and transmit to you with my objections, administrative litigation. Committee Substitute for House Bill 3107, enacted during the 100th Session of the Legislature of Florida since statehood in 1845, convened There is, of course, the remote possibility that a carefully constructed under the Constitution of 1968, during the Regular Session of 1998, and rule could be adopted, found consistent with the expression of legislative entitled: March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 7

An act relating to sexual predators; . . . . Supreme Court has already spoken to the application of the constitution’s privacy provision in the termination of pregnancy Committee Substitute for House Bill 3107 extends the time period decisions of a minor, nothing would be gained by allowing this statutory that must pass before a “sexual predator” can petition the court to provision to become law. remove the sexual predator designation and registration requirements from 10 to 20 years. The bill also establishes criteria that must be met For this reason, I am withholding my approval of House Bill 3999, and before a sexual predator can be granted such relief. Committee do hereby veto the same. Substitute for House Bill 3107 applies to offenders designated as sexual Sincerely, predators on or after July 1, 1998. LAWTON CHILES My objection to Committee Substitute for House Bill 3107 is based Governor only on the fact that similar, but not identical, provisions passed in Committee Substitute for Senate Bill 1992, which I have signed into The Honorable Sandra B. Mortham May 29, 1998 law. Committee Substitute for Senate Bill 1992 is a comprehensive bill Secretary of State that includes numerous revisions to Florida’s sexual predator and Dear Secretary Mortham: sexual offender laws. However, the provisions of Committee Substitute for Senate Bill 1992 that are substantively similar to those contained in By the authority vested in me as Governor of Florida, under the Committee Substitute for House Bill 3107 apply to offenders designated provisions of Article III, Section 8 of the Constitution of Florida, I do as sexual predators on or after October 1, 1998. Due to the conflicting hereby withhold my approval of and transmit to you with my objections effective dates, the enactment of Committee Substitute for House Bill Committee Substitute for House Bill 4051, enacted during the 100th 3107 would result in confusion in interpreting Florida’s sexual predator Session of the Legislature of Florida since statehood in 1845, convened laws. under the Constitution of 1968, during the Regular Session of 1998, and entitled: For this reason, I am withholding my approval of Committee Substitute for House Bill 3107, and do hereby veto the same. An act relating to agriculture; . . . . Sincerely, This bill would establish the Florida Agricultural Development LAWTON CHILES Authority (the Authority). The Authority would be responsible for Governor managing programs to assist beginning farmers, farm transfers to heirs, The Honorable Sandra B. Mortham June 11, 1998 value added agriculture producers, and agriculture development of Secretary of State alternative crops and livestock.

Dear Secretary Mortham: While programs for the farming community are needed, the bill does not provide adequate checks and balances for the Authority or require By the authority vested in me as Governor of Florida, under the the bonds to be secured by tangible assets. The Authority would be provisions of Article III, Section 8, of the Constitution of Florida, I do responsible for obtaining $10 million in tax-exempt bonds in the first hereby withhold my approval of and transmit to you with my objections, year, to provide loans to farmers through financial institutions. The House Bill 3999, enacted during the 100th Session of the Legislature of Authority would consist of nine members; five members would be Florida since statehood in 1845, convened under the Constitution of appointed by farm-related organizations and universities, and three 1968, during the Regular Session of 1998, and entitled: members would be appointed by the Commissioner of Agriculture, with An act relating to termination of pregnancies; . . . . the Commissioner of Agriculture or his designate serving as an ex- officio, non-voting member. None of the members would be required to House Bill 3999 requires a person who is to perform a termination of have bonding or lending experience. An annual report would be pregnancy on a minor to give 48 hours notice to the parents of the minor. required; however, the provision for an independent audit is ambiguous. The bill allows the minor to petition a circuit court for a waiver of the As well, the legislation does not require evaluation of the performance notice requirement under specified conditions. of the Authority in achieving the goals set forth in the bill. Furthermore, the Authority would be a separate agency with no state agency While one may debate the public policy issues embraced by the overseeing their activities. legislation, the Florida Supreme Court has already spoken clearly as to the issue of reproductive rights in this context. The Supreme Court, Specific requirements for appropriate oversight, checks and balances, which is the ultimate authority in interpreting the Florida Constitution, and experience would instill confidence and accountability in the has determined that the explicit privacy right provided in the state Authority. These are requirements the state should insist on, and which constitution encompasses a woman’s right to terminate her pregnancy, have been implemented in other recent initiatives such as Enterprise and that right applies to minors as well as to adults. Florida and the Florida Housing Finance Corporation.

The Supreme Court, in the 1989 case of In re T.W., A Minor, struck This bill would result in a reduction in the amount of tax-exempt as unconstitutional a similar statute requiring a minor to obtain bonds available to the Florida Housing Finance Corporation and the parental consent to an abortion. Florida First Business Allocation Pool. While such a policy might be worthwhile, it should only be done explicitly within the context of an It is highly significant that the 1998 Legislature also considered a overall state economic strategy. It especially concerns me that this bill joint resolution which would have placed before voters this fall a would exempt the Authority from the competitive bid requirements of proposed amendment to the Florida Constitution to declare the right of Florida law. I have insisted that, where possible, all state bonding be parents to consent to medical treatment—explicitly including done through competitive bid to protect the best interests of the state abortion—of their minor children. If the constitutional amendment were taxpayers. approved by voters, the Supreme Court ruling no longer would have applied. The joint resolution was defeated, however, on the floor of the The bill contains no appropriation or provision for funding start-up Florida House of Representatives. Therefore, the constitutional and staffing of this program. While the Authority would be able to levy provision regarding the right of privacy and the resulting Supreme fees and charges to the borrowers once the program is underway, there Court ruling with respect to termination of pregnancy by minors remain are no funds available to support the start-up phase, including intact. promoting and selling bonds, paying salaries, benefits, and other expenses. In spite of the defeat of the legislative proposal for a constitutional amendment, the Legislature enacted HB 3999, which would place in the I believe that family farmers need assistance and new livestock and statutes the parental notification requirement. But because the crop programs need to be encouraged and supported. However, we must 8 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 act prudently and avoid potential problems by providing sound understanding and consensus to the direct benefit of the Everglades financing opportunities and good programs for Florida’s farmers. I am restoration project. And the project—in spite of the sometimes concerned that this bill—as constructed—may not be in the best interest overwhelming difficulties entailed in a project of this exceptional of the farmers, the bondholders, or the institutions lending money to the magnitude and cost—has continued to move forward. farmers. And the importance of the federal government to the completion of the For these reasons I am withholding my approval of Committee monumental task of restoring the Florida Everglades cannot be Substitute for House Bill 4051 and do hereby veto the same. overstated. In the past several years, Florida has worked exceedingly hard to build positive relationships with the federal government on Sincerely, Everglades restoration and protection. Those efforts have met with LAWTON CHILES remarkable results. Florida and the federal government are now full Governor partners in Everglades restoration, and the federal government The Honorable Sandra B. Mortham May 28, 1998 contributes half of the monies used for restoration projects. This is Secretary of State important to Florida taxpayers, and it is essential to the timely and successful restoration of the environmental jewel that the Florida Dear Secretary Mortham: Everglades represents, and can once again become.

By the authority vested in me as Governor of Florida, under the Like the provisions of Committee Substitute for Committee provisions of Article III, Section 8 of the Constitution of Florida, I do Substitute for House Bill 4141, which I am also vetoing today, hereby withhold my approval of and transmit to you with my objections Committee Substitute for House Bill 4071 has spawned intense Committee Substitute for House Bill 4071, enacted during the 100th controversy, and has led our federal partners to question Florida’s Session of the Legislature of Florida since statehood in 1845, convened commitment to the state-federal partnership for Everglades restoration. under the Constitution of 1968, during the Regular Session of 1998, and I have discussed the concerns raised by these bills with a number of entitled: Congressmen and other important components of our federal partnership, but in the light of these pending bills, I have had difficulty An act relating to environmental protection; . . . . explaining how Florida’s commitment to the partnership for Everglades This is a multi-faceted bill which deals with environmental mitigation restoration is unwavering. for Department of Transportation projects, the Dade County Lake Belt Along with the CS/CS for House Bill 4141, the very existence of this Plan, acquisition of land by eminent domain in the Everglades region, legislation has signaled—to significant components of the public, to and other matters. Congress, and to other important elements of the federal government— I find especially laudable the Dade County Lake Belt Mitigation Plan that Florida is less than fully committed to the restoration of the Florida in the bill. Standing alone, the Lake Belt Mitigation Plan would have Everglades. Should this bill become law, the years of carefully met with my approval. While I am taking action to veto this bill, I developing and fostering relationships could be undone. encourage all agencies who would be participating in the Lake Belt Moreover, the provisions of the bill regarding eminent domain can be Mitigation Plan to carry out its provisions to the degree possible absent accomplished by the SFWMD on a case-by-case basis. I understand and the statutory provisions. I strongly encourage the Florida Legislature to appreciate the concerns of the property owners in the Kissimmee River take up and pass in 1999 the provisions of the Lake Belt Mitigation Basin whose property will be acquired for Everglades restoration. I Plan, and in the intervening period, I pledge my executive authority to therefore am requesting that the SFWMD use state eminent domain its legal extent to carry out the Lake Belt Mitigation Plan. procedures to acquire property for restoration projects in the Kissimmee Notwithstanding the benefits of the bill, however, during the last River Basin in those instances where the use of state eminent domain hours of the final day of the 1998 Legislative Session, an amendment authority is not questioned, and where state procedures would more was added to Committee Substitute for House Bill 4071, which has the appropriately protect the rights and interests of property owners while effect of prohibiting the South Florida Water Management District not incurring significant additional costs or delays in Everglades (SFWMD) from utilizing the federal eminent domain process when restoration projects. acquiring land within the boundaries of the District through July 1, I have carefully weighed the beneficial provisions of this bill against 2000. the provisions directing by law an effectively complete prohibition on the A brief synopsis of the background of actions relating to acquisition use of federal eminent domain procedures by the SFWMD in Everglades procedures is important to understanding the effect of the amendment. restoration. While I am fully aware of the benefits of this bill, the On February 23, 1993, the Governor and Cabinet granted the SFWMD negative implications of the provisions involving Everglades restoration authority to seek eminent domain assistance from the U.S. Army Corps efforts override the benefits of the bill, and compel my veto. of Engineers in acquiring land in the Kissimmee River Basin necessary For these reasons, I am withholding my approval of Committee for the restoration of the Kissimmee River. Following up on this Cabinet Substitute for House Bill 4071 and do hereby veto the same. action, I requested, on November 23, 1994 that the Corps of Engineers assist the SFWMD in acquiring land necessary to restore the Kissimmee Sincerely, using the federal eminent domain process. Consequently, the Corps of LAWTON CHILES Engineers approved the use of the federal eminent domain process for Governor the Kissimmee River Basin on January 5, 1995, and stood ready to assist. The SFWMD proposed to enter a contract with the Corps to The Honorable Sandra B. Mortham May 28, 1998 undertake eminent domain proceedings regarding land needed for Secretary of State restoration of the Kissimmee on April 16, 1998. Within a few days, the Dear Secretary Mortham: subject amendment effectively prohibiting the use of federal eminent domain procedures was adopted by the Legislature. By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8 of the Constitution of Florida, I do During the years that I have been Governor, Everglades restoration hereby withhold my approval of and transmit to you with my objections rightly has been at the top of this state’s environmental priorities. Our Committee Substitute for Committee Substitute for House Bill 4141, efforts in Florida have garnered the support and commitment of the enacted during the 100th Session of the Legislature of Florida since public, the consistent efforts of significant components of the business statehood in 1845, convened under the Constitution of 1968, during the and conservation community, and the cooperation of many prominent Regular Session of 1998, and entitled: officials on the local, state, and national levels of government. We have worked together tirelessly to break log jams, and to promote An act relating to water resources; . . . . March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 9

Restoration of the Florida Everglades stands among the highest they likely will result in delay in implementing important aspects of environmental priorities of this state and the nation. We are justifiably Everglades restoration. The requirements also have the potential to proud that the legacy of Everglades restoration will serve to benefit not result in conflict with the federal government and Congress regarding only this generation, but it is a legacy that will stand for many restoration work, which may jeopardize the strong commitment of generations to follow. federal funds to the Everglades restoration project.

Since its inception in 1983, the Everglades protection and restoration Moreover, I believe that appropriate legislative oversight can proceed program has encountered many difficulties, which can be expected on a under existing law without the provisions of this bill. Section 11.80, project of this magnitude. But despite the problems that have been Florida Statutes, grants to the Joint Legislative Committee on encountered, the monumental task of restoration has been remarkably Everglades Oversight broad monitoring and reporting requirements successful to date, and is proceeding apace, due in large part to the with respect to Everglades restoration and implementation of the unique relationship of trust and accountability that has been carefully Everglades Forever Act. Committee Substitute for Committee developed over the past several years with the federal government. The Substitute for House Bill 4141, for example, provides that the Joint federal government is a fully participating partner in Everglades Legislative Committee on Everglades Oversight must review the restoration, contributing 50 percent of the costs of restoration. Through comprehensive Restudy Plan for Everglades restoration and provide substantial bipartisan Congressional support, the Everglades written comments to the Corps of Engineers and the SFWMD. The Joint restoration program has received exceptional levels of federal funding in Committee already has ample authority under existing law to recent years, to the benefit of Everglades restoration and the Florida undertake a review of the Restudy Plan. taxpayers alike. I appreciate the strong commitment that the Florida Legislature has Committee Substitute for Committee Substitute for House Bill 4141 made to Everglades restoration. The Legislature has an important and would change that dynamic in significant ways. The bill has stirred appropriate role to play in ensuring that the Everglades restoration serious concerns among a number of members of Congress, and others proceeds expeditiously and within budget, particularly where state among Florida’s federal partnership in the Everglades restoration funds are involved. This bill, however, has the strong potential to lead effort, all of whom have worked diligently to ensure that there are to conflict and delay, and may undercut important relationships that are sufficient federal funds committed to Everglades restoration. Our key to a successful Everglades restoration effort. federal partners believe that this bill signals a weakening of the state’s For these reasons, I am withholding my approval of Committee commitment to the state-federal partnership, and that the bill’s Substitute for Committee Substitute for House Bill 4141 and do hereby requirements could adversely alter or delay Everglades restoration veto the same. efforts. Sincerely, Specifically, the bill would require authorization by the Florida LAWTON CHILES Legislature in order for the South Florida Water Management District Governor (SFWMD) to enter into a project cooperation agreement with the federal government for any proposed project or operational change resulting The Honorable Sandra B. Mortham May 27, 1998 from the Comprehensive Restudy of the Central and Southern Florida Secretary of State Project. Requests for Congressional authorization to modify project Dear Secretary Mortham: works or operations, or to acquire land, likewise would be subject to the bill’s requirement for legislative authorization. If the Legislature were By the authority vested in me as Governor of Florida, under the to take no action in the ensuing regular session to approve, deny, or provisions of Article III, Section 8, of the Constitution of Florida, I do modify a submitted proposal, the SFWMD could only proceed with the hereby withhold my approval of and transmit to you with my objections, project cooperation agreement if the financial responsibilities for the House Bill 4153, enacted during the 100th Session of the Legislature of proposal could be met without the need for any future legislative Florida since statehood in 1845, convened under the Constitution of appropriations. 1968, during the Regular Session of 1998, and entitled:

No current state or federal law enables any entity other than the An act relating to juvenile justice; . . . . Legislature to appropriate state funds. State law provides that all state I hereby veto Section 5 on page 8 of House Bill 4153 which provides: expenditures be approved by the Legislature, and funds for Everglades restoration or associated land acquisition are no exception. I appreciate “Section 5. The sum of $200,000 is appropriated from the General and support the Legislature’s role in ensuring that the commitment of Revenue Fund to the Department of Elderly (sic) Affairs for the state funds be approved by the Legislature. provision of essential home health care services to senior citizens in Dade County by United Home Health Care, a not-for-profit But this bill goes far beyond assuring that the Legislature approve the corporation. This is a nonrecurring appropriation for fiscal year obligation of state funds. The requirements of this bill give the 1998-1999.” Legislature the ability to deny or modify proposals for Everglades restoration projects, operational changes, land acquisition, and This appropriation was not included in the agency’s legislative budget Congressional requests specifically identified in the Restudy Plan as request or the Governor’s recommended budget, thereby circumventing approved by the Congress, even for those proposals that do not require the normal process for establishing the highest priority needs of the the commitment of state funds. Further, proposed projects or state. Further, funding for this program was not discussed during the operational changes supported by the Joint Legislative Committee on legislative budget committee hearing process or in the Conference Everglades Oversight—based on its review of the Restudy Plan—would Committee. be subject to legislative denial or modification. Additionally, the requirement for legislative review and approval imposed by the bill For these reasons, I am withholding my approval of Section 5 of House would extend to projects and operational changes that are currently Bill 4153, and do hereby veto the same. within the operating authority of the governing board of the SFWMD, Sincerely, the local sponsor of the Everglades restoration project. LAWTON CHILES Governor I am a strong proponent of legislative oversight. But the excessive requirements of the bill—requiring legislative review and approval of Pursuant to Rule 51(b), 1998 Regular Session vetoed bills CS/CS/HB each specific project undertaken within the entire range of Everglades 757; HBs 909 and 1945; CS/CS/CS/HB 3075; CS/HB 3107; HB 3999; restoration projects—extend well beyond traditional concepts of CS/HB 4051; CS/HB 4071; CS/CS/HB 4141; and HB 4153 (specific legislative oversight. Such comprehensive requirements for review and appropriation), together with the Governor’s objections thereto, were approval are not only inappropriate for a lawmaking body generally, but referred to the Committee on Rules & Calendar. 10 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Notice of Contest Recessed

On November 17, 1998, the Clerk received notice of a contest of the The House stood in informal recess at 10:44 a.m., to reconvene at election in District 107. Pursuant to Rule 5(b), the Speaker referred the 11:00 a.m. matter to the Select Committee to Review Contested Seat. The select committee was directed to report its findings and recommendations. Reconvened The House reconvened at 11:00 a.m. A quorum was present. Resignations JOINT SESSION The Speaker advised that he had received the resignation of Rep. Bob Brooks of the 35th District, effective January 15, 1999, at 12:00 p.m. Pursuant to HCR 1-Org., the Members of the Senate, escorted by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House, The Speaker advised that he had received the resignation of Rep. were seated in the Chamber. The President and President pro tempore James E. “Jim” King, Jr., of the 17th District, effective January 8, 1999, joined the Speaker and Speaker pro tempore at the rostrum. The at 4:00 p.m. Secretary joined the Clerk at the front desk. The Speaker advised that he had received the resignation of Rep. Carl Arrival of Lieutenant Governor and Cabinet Littlefield of the 61st District, effective January 8, 1999. The Honorable Frank Brogan, Lieutenant Governor; the Honorable Pursuant to Article III, Section 15, of the Florida Constitution, a Katherine Harris, Secretary of State; the Honorable Robert A. special election was called by executive order. The first special primary Butterworth, Attorney General; the Honorable Robert F. Milligan, election was held on February 9, 1999; the second special primary Comptroller; the Honorable C. William “Bill” Nelson, Treasurer and election was held on February 23, 1999; and the special general election Commissioner of Insurance; the Honorable Robert B. Crawford, will be held on March 9, 1999. Commissioner of Agriculture; and the Honorable Tom Gallagher, Commissioner of Education, constituting the Cabinet, were escorted Introduction of House Concurrent Resolution into the Chamber by the Sergeant at Arms of the Senate and seated. On motion by Rep. Arnall, the rules were suspended for introduction Arrival of Supreme Court and consideration of a concurrent resolution. Chief Justice Major B. Harding, Justice Leander J. Shaw, Jr., Justice By Representative Arnall— Charles T. Wells, Justice Harry Lee Anstead, Justice Barbara J. Pariente, Justice R. Fred Lewis, and Justice Peggy A. Quince, HCR 1-Org.—A concurrent resolution providing that the House of constituting the Supreme Court, were escorted into the Chamber by the Representatives and Senate convene in Joint Session for the purpose of Sergeant at Arms of the House and seated. receiving a message from the Governor. The Speaker presented the gavel to the Honorable Toni Jennings, WHEREAS, His Excellency, Governor Jeb Bush, has expressed a President of the Senate, asking her to preside over the Joint Session. desire to address the Legislature in Joint Session, NOW, THEREFORE, THE PRESIDENT OF THE SENATE PRESIDING Be It Resolved by the House of Representatives of the State of Florida, the Senate Concurring: A quorum of the Joint Session was declared present.

That the House of Representatives and the Senate convene in Joint Prayer Session in the Chamber of the House of Representatives at 11:00 a.m. this day, March 2, 1999, for the purpose of receiving the message of the The following prayer was offered by the Right Reverend John W. Governor. Howe, Bishop of the Diocese of Central Florida:

—was read the first time by title. On motion by Rep. Arnall, the rules O God, you are the author of peace, the lover of concord, and the source were suspended and the concurrent resolution was read the second time of all wisdom. Your will is good and gracious, and your law is truth. We by title and adopted. Under the rule, the concurrent resolution was remind ourselves today that blessed is the nation whose God is the immediately certified to the Senate. Lord—the people whom he has chosen as his heritage. Then, we humbly ask you to help us be such a people, such a nation. We acknowledge that Committee to the Senate unless the Lord builds the house, those who build it labor in vain. And unless the Lord watches over the city, the watchman stays awake in On motion by Rep. Maygarden, the Speaker appointed Reps. Bainter, vain. You have instructed us to trust in the Lord with all of our heart Lynn, Garcia, Trovillion, Boyd, Logan, and K. Smith as a committee to and rely not upon our own understanding. We therefore ask you so to notify the Senate that the House was convened and ready to transact guide and bless our Governor, our Senators and Representatives in the business. The committee was excused to perform its assignment. Legislature, and all of our elected officials throughout this State, that they may enact such laws and uphold such standards as shall be Committee from the Senate pleasing to you and of benefit to your people. Fill them, Lord, with the love of truth and righteousness and give them grace to lead us all in A committee from the Senate consisting of Senators Brown-Waite, doing justice, loving mercy, and walking humbly with our God. We ask Burt, Campbell, Clary, Mitchell, and Sebesta advanced to the well and you to give them the wisdom to see the right, the courage to choose it, announced that the Senate was convened and ready to transact the strength to achieve it, and the tenacity to preserve it for those who business. will come after us; and all for your name’s sake. Amen.

Messages from the Senate Pledge The Honorable John Thrasher, Speaker The Members of the Joint Session, led by President Jennings, pledged I am directed to inform the House of Representatives that the Senate allegiance to the Flag. has adopted HCR 1-Org. Committee to the Governor Faye W. Blanton, Secretary On motion by Rep. Feeney, the President appointed Senators Carlton, The above concurrent resolution was ordered enrolled. Dawson-White, Meek, Saunders, and Webster, and on behalf of the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 11

Speaker, appointed Reps. Dockery, Melvin, Fuller, Valdes, Bradley, • a state where our natural resources are sustained for the benefit Minton, and Roberts as a joint committee to notify the Governor that the and enjoyment of future generations; Legislature had assembled to receive his message. The committee • and a state where government takes less of our money. retired to execute its responsibility. In 1999, this Legislature and this Governor must do our part to help The Joint Session stood at ease, awaiting the arrival of the Governor. Florida flourish in the next century by focusing on the three Rs: Presentation of the Governor resources, reform, and relief—resources and reform for education and social services, and relief for Florida’s taxpayers. Upon announcement by the Senate Sergeant at Arms, the committee Even in a state with our great diversity of people and ideas, I can’t escorted Governor Bush to the rostrum. think of anything more important than to focus on the fact that we can President Jennings introduced Columba Bush, wife of Governor Bush; all agree that we have to build a world-class education system if we’re Noelle Bush, daughter of Governor Bush; Mary Brogan, wife of going to continue to have prosperity into the next century. There’s Lieutenant Governor Brogan; and Jean Thrasher, wife of Speaker nothing more important than improving the quality of our schools than Thrasher. President Jennings presented the Honorable Jeb Bush, anything you’ll do during these next 60 days. [applause] Governor, who addressed the Joint Session as follows: The alternatives are becoming crystal clear. With an educated populace, our state will flourish with prosperity and renewed Governor’s Address citizenship. Without an educated populace, our state will wither away President Jennings, Speaker Thrasher, distinguished members of the into economic irrelevance and we will be pitted against each other. So Supreme Court, my great friend Lieutenant Governor Frank Brogan, our first priority must be education. members of the Cabinet, Honorable Senators and Representatives—and Over the last year-and-a-half, I’ve visited more than 220 Florida I don’t say that in a joking term, I promise you—distinguished guests, schools. I have met with hundreds of really dedicated teachers and those watching on the Internet for the first time in Florida’s history, and principals who have shared with me their first-hand reports of the my fellow Floridians. Thank you very much for that great introduction. challenges they face day-in and day-out. I’ve listened to the hopes and concerns of literally thousands of students and parents. And I’ve learned Madam President, Mr. Speaker, it appears as though you took me that while many of our students are receiving a world-class education, seriously about this public meetings thing, and this is what a public one that will serve them well in the future, we have an education system meeting looks like, and I’m glad you brought all your friends for our that is tragically leaving children behind. meeting here today. [laughter] Last year, 50 percent of Florida’s 4th graders were not able to read at With tremendous humility, I stand before you today to fulfill my a 4th-grade level. Fifty percent. constitutional obligation to report on the state of our state. In this place, one year ago, the late Governor Lawton Chiles delivered his final State A recent survey showed that over one-third of Florida’s 9th graders of the State address. With deep respect and gratitude for his unique have failed to earn a C average. That’s almost 60,000 14-year-olds in our public service to our state, I ask that you join me in taking a moment to state who have a D or an F average. honor his memory. [The joint session observed a moment of silence.] Thank you. In another report just released by Commissioner Gallagher, just a few weeks ago, calculated Florida’s 1998 high school graduation rate at 52 This is my first State of the State address as your Governor, yet it will percent. be the last of this century. As the sun sets on the final days of this millennium, we can rightfully take pride in Florida’s progress during Together, let’s send an unmistakable message for our children: in the last 100 years. Many Florida pioneers have left their mark on our Florida, failure is no longer an option. [applause] state this century: from Henry Flagler’s railroad building to Marjory To fix this problem, we must first recognize that there is no silver Stoneman Douglas’ lifelong love of the River of Grass, to Governor bullet that will solve all of our ills of our educational system overnight. LeRoy Collins’ courageous leadership. These pioneers before us have I know that you all operate in pretty short timeframes during this transformed Florida from an undeveloped state on the nation’s border session, 60 days to solve all the world’s problems, including the common into a superpower state with borderless potential. That is the legacy of cold. Let’s recognize first and foremost that we’re not going to solve all their labor. of our education problems overnight. Our efforts must be sustained, and they must be focused on systemic change. Today, the state of our state is remarkably strong. Incomes are 1 growing; unemployment is low. In the last 2 /2 years alone, over 110,000 Education will remain my top priority until we can honestly say that Florida families have left the welfare rolls, a decline of over 50 percent. our system no longer leaves children behind. Today, as Governor, I make this commitment: I will never waver in my dedication to transforming But while our economic indicators are positive, there’s clearly much our public schools into centers of educational excellence. work left to do. Our prosperity today is merely an opportunity to build on the legacy of those who came before us. As a down payment on that commitment, in January, with many of you standing by our side, Lieutenant Governor Frank Brogan and I Together, we must work toward a shared vision in the next century to announced our A+ Plan for Education. That’s the button in case anybody build: wanted to know. • a state with a world-class education system that does not leave a Our A+ Plan will bring needed resources and needed reforms to our single child behind; schools. To provide sufficient funding, total spending for K-12 education • a state with safe neighborhoods where children can play and elders from all sources will increase by over 1.2 billion dollars in our can live without fear; recommended budget. And to help alleviate crowded classroom conditions, we’re proposing 1.2 billion dollars in state money to be • a state where abused and neglected children, the developmentally available for construction and maintenance of schools. We checked disabled, and frail elders receive the help they need in a around just to make sure what kind of commitment that is, and in fact compassionate way; it is the largest commitment of any state, of any state government, to K-12 school construction and maintenance in any state in the nation. • a state where our urban cores flourish and our impoverished rural areas do the same, where there’s hope and opportunities for those But while our plan recognizes that our schools need more money, we who need it most; must also recognize that our money needs more accountability. 12 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

[applause] Without powerful accountability measures built into the school year, will all have a great chance of working. But if we don’t build system, no quantity of money will give our children the quality of the foundation for true accountability and consequences that are education that they deserve. different between success and failure, all of these reforms, like all the reforms that have come before it, will be a footnote in our history. So today, let’s agree our commitment to education must be measured not solely by the amount of money we pour into the system, but by the If we provide our schools with additional resources and accountability amount of knowledge poured into the minds of our children. reforms, over time, we can make our educational system a shining [applause] beacon of excellence that will give all of our state’s children the lifelong benefits of a world-class education. We must make that commitment I would like to take this opportunity to thank Lieutenant Governor now—not next year, not in two years—but now. I humbly ask for the Frank Brogan for his vision and hard work over the last three or four passage of the A+ Plan for us to lead the way in this country. years of laying the foundation for bringing true accountability into our [applause] education system. Frank, you did a fantastic job as Commissioner of Education. Tom is building on that. And now, it’s up to us to take us from In my travels throughout the state, I have been fortunate to meet so the middle of the pack in this country to lead the nation. To be truly true many of Florida’s quiet heroes: those who care for their loved ones, and fair to our kids we must build an accountability system second to tending to their needs with great difficulty and intense financial none. [applause] pressure.

Our A+ Plan builds on that foundation in many ways. First, we will When the total state budget has more zeroes than the average test students in grades 3 through 10, and grade schools on student calculator can compute, and once we’ve memorized the alphabet soup of achievement—a novel notion in 1999 in America. Parents will know agency acronyms—by the way, I have yet to memorize all of them, I’ll their schools are doing well as measured by the one thing above all else be happy to say—it’s all too easy to lose sight of the reason why we’re that matters: whether kids are learning. here. And it’s to serve people.

Second, we will no longer fool ourselves into believing it is acceptable I’d like to read you an excerpt of a letter that I received about a month to promote children to the next grade who aren’t learning. Social ago that I think helps put our work here into perspective. This is promotion gives everyone—students, teachers, and parents—a tragic actually by e-mail, which you all know, I get a lot more of than the false hope, and it must end. No more social promotion. [applause] To regular snail mail. end social promotion, and mean it, and to help students meet the necessary promotion standards, the legislation before you will Dear Governor Bush, dramatically increase funding for remediation efforts to over 400 million [A friend] thought I should write you about an emotional common dollars and provide more flexibilities to schools and school districts to experience that almost any mother of a child with disabilities solve this most pressing of problems. endures. It goes without saying that the most horrific experience Third, schools that improve and schools of excellence will be rewarded that any mother would face would be the death of a child. However, with additional funds and more freedom to spend those funds on the this is quite the opposite for mothers of children with disabilities. needs of that particular school. When school principals and teachers are Our most common fear is that our child will actually survive us. We successful, we should free them up of the mind-boggling rules and pray that we will live long enough, that our strength will last, that mandates that exist because they’re doing a good job and we should somehow we can make it financially to outlive our children. reward them, and when we do, we’ll have more schools that are This is something that is quietly talked about among us when we achieving better results. are with each other. Who will love them? Who will keep them safe But if a school receives an F grade, we will help it, and we won’t from abuse? Who will get up in the middle of the night? Who will lift abandon it. We will do all that we can to turn that failing school around. them out of their wheelchairs? That school, with the assistance of the local school district, the school The answer has been, no one. We have all seen what happens board, and the state Department of Education, will receive extra after the mother dies. Our experience is that our children are financial assistance to develop and implement a comprehensive rejected both financially and emotionally from their communities. improvement plan that will be specifically tailored to its particular It is quite profound to realize that these silent lessons learned over needs. the years have had this end result. But it is true.

But even as we do everything we can to improve a failing school, let And it is true. And it’s time to do something about it. This is the story us at least acknowledge that no student in our state should be forced to of only one Florida family. So many other Floridians find themselves in attend a school that repeatedly continues to fail. [applause] We owe equally vulnerable positions—from the thousands of children in the children in failing schools real education opportunities, not our foster-care system awaiting adoption to the thousands of senior citizens apologies. That’s why I urge you to support giving Opportunity awaiting community care. They are people whose names you will never Scholarships to children in chronically failing schools. [applause] know, whose faces you might not ever see, whose stories you will never A student in a failing school deserves a quality education as much as hear. These are our fellow Floridians, and even in this time of plenty, a student in a successful school. It’s time we give these students the they are in great need. educational opportunity that they desperately need. The world is But while their needs are great, our present system is drowning in an moving into a direction that is quite troubling to me. We’re moving ocean of federal lawsuits, of waiting lists, and obsolete bureaucracy. As towards two Floridas; and it isn’t based on the color of our skin, isn’t in education, now is the time to bring the right resources and the right based on our race, it isn’t based on our nationality. It’s based on our reforms to our social services system. Let us work together and seize the ability to acquire knowledge. And if we tolerate, for one year longer, opportunity to improve the lives of Florida’s most vulnerable citizens. these two Floridas moving in this way, where one group of kids do have [applause] the power of knowledge and one group that is being left behind, we’ll tear ourselves asunder. And it’s time to recognize it and go through the We should do this to reform our child welfare system, to prevent the painful process of never leaving children behind and freeing their grotesque abandonment, abuse, and neglect of children in our state. To parents to make the right choices when they’re trapped in those failed help restore a sense of compassion in how we protect the most innocent schools. [applause] among us, I ask that you increase funding for child welfare by 101 million dollars, a 24-percent increase. [applause] If we build a true accountability system in this state and lead the nation, the good ideas being considered by this Legislature, such as We should do this to eliminate community-care-for-the-elderly class-size reduction, and school readiness, and the extension of the waiting lists of seniors in need of community-based services, and begin March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 13 the process of developing an aging-in-place strategy so that elders, while Our citizens need tax relief, and that’s why I’ve proposed a broad- awaiting services, don’t have to go to a nursing home, but can get based tax relief package of 1.2 billion dollars to help seniors on fixed compassionate, quality care in their own communities at a much lower incomes, homeowners, working families, and small businesses. cost. I ask that you approve my budget recommendation to allow 14,000 [applause] Thank you. Mr. Speaker, I was thinking about maybe a vote seniors to receive the care that they need at home, rather than being in count right here and now, but I guess we can’t do that. those nursing homes. [applause] Rebating taxes for 7 million utility-bill payers will ensure that our tax We should do this to reduce by over 50 percent the people with relief package is broad-based. Reducing the intangibles tax, the developmental disabilities awaiting needed services, and to redesign the insidious intangibles tax, will provide relief to Florida’s seniors and system in a dramatic way. I ask that you approve my budget request of small businesses. [applause] Reducing the unemployment tax will an additional 210 million dollars to take care of the people who truly help businesses create more jobs. Cutting property taxes will help need our help, year-in and year-out. [applause] everyone who owns property who have seen their average property tax rates increase by 18 percent in the last decade. And finally, to ensure the best use of funds from Florida’s tobacco In their entirety, these tax cuts will enhance Florida’s economic settlement, I have proposed the creation of the Lawton Chiles Tobacco competitiveness in an equitable and broad-based manner. They will Endowment for Children and Elders. This endowment will be initially provide our state’s business climate a boost; they’ll help sustain our funded with over 1.1 billion dollars of tobacco settlement monies, will economy, and bring new jobs and opportunities into our communities. grow to over 2 billion dollars in four years, and will provide in perpetuity a dedicated source of revenue to fund the increased needs of our Kidcare For the average Florida family, with our tax relief proposal, we will insurance program, of our child welfare system, and of our aging-in- provide the equivalent of 6 million weeks of groceries for Florida’s place programs. I urge you to approve the creation and funding of this families, 6 million months of electricity, or 30 million fill-ups of the endowment, in honor of Governor Chiles and in honor of good, family car. conservative government. Now I’ve listened, I’ve listened to those who don’t believe in this But along with these resources, we must also provide reforms to sensible tax-relief proposal. It seems to me that from their point of view, ensure the effective use of every tax dollar. There must be a bold, new every tax dollar that Tallahassee takes, Tallahassee must spend. To approach to providing human services to our state. The unaccountable, them, I respectfully, and I mean it, I respectfully offer a new credo: It’s system-centered model that we now have is as obsolete as the 20th not our money; it’s the people’s money. [applause] century is about to be. The people of this state have sent us here to work for them—for the Our new approach must be compassionate, it must be community- single mom with two jobs and two kids, for the small businesses based, it must be responsive, and most importantly, it must be struggling to keep their doors open, for the former welfare recipient accountable to those it serves as well as to the taxpayers. I truly look battling to achieve independence, for the business that is doing well that forward to working with you—many of you have been working on this may want to expand their business and create more jobs. They did not for years—to work with you, to put Florida on the map again, in the send us here to search for new ways to make them work harder and redesign of our service delivery system to make it choice-based, to make longer for us. That’s not what this is about. And I think over time we’ve it consumer-directed, family-centered, and quality-driven. If we do that, kind of gotten it backwards, and this is a historic opportunity to realign we can look ourselves in the mirror and say that we have redefined the interests of this state back to begin to serve the 15 million people compassion in a truly compelling way. It is important to do it, and I look that live in this state, and it will be a lot more fun when we do it, Mr. forward to working with you in the years to come to make this dream a Speaker and Madam President. [applause] We must not allow the reality. [applause] prosperity and abundance that our citizens have earned in hard work and sacrifice to be totally consumed by a government with an unlimited In addition to providing resources and reforms in education and social appetite for more tax dollars. services, we must also give our citizens relief. Let us never forget the Beyond these three top priorities, we also, I believe, have an unmet needs of Florida’s families. Most families now need two incomes opportunity during this legislative session to fight the scourge of drugs to make ends meet. Incredibly, government at all levels now consumes in our communities, preserve our natural resources, and create 40 percent of the median family income in this state. Parents delicately economic opportunity in our urban cores and in our impoverished rural balance the economic and emotional needs of their kids with the areas. Our state has been in need of a drug-control strategy, and I stressful demands of their jobs. Most of our elders are fearful that they commend Senate President Toni Jennings and the Florida Senate for will outlive their life’s savings. Many welfare recipients fighting to their year-long process to build consensus on a comprehensive strategy. achieve economic independence struggle every month to pay for their We do have a consensus today about this. [applause] basic necessities. Our budget recommendation increases funding by 80 percent to fight And these are the so-called good times. When hard times hit our state this battle on all four fronts: awareness, prevention, enforcement, and earlier this decade, our state and local governments asked the people of treatment. We need to expand treatment programs in our prisons so Florida to make do with less—to do less with services and have higher that when prisoners get out they don’t automatically recidivate because taxes. of the illness inside of them. This decade alone, state and local taxes were raised almost four times We need to expand prevention programs in our schools so that kids as much as they’ve been cut. Because Tallahassee needed more money don’t take drugs at an early age. All the indications show that they won’t to provide for the needs of the state, Floridians responded—sometimes do the wrong things if they, early on, make the right choices. maybe a little grumpily, but they responded—to their government’s call to sacrifice, and they made do with less. They had less money to buy We need to provide treatment for people who truly have an illness and groceries, less money to provide child care for their children, less money who are creating enormous burdens on our economy with lost to enjoy their golden years, and less money to lift themselves up from productivity, and shattered dreams, and broken families. This is a poverty. plague in our state. I bet if I asked people here to raise their hands if they know a loved one, a friend, a family member, who are struggling To keep faith with its people, this government cannot force its citizens with the problems of drugs, that we would all raise our hands. This is to make do with less during the tough times if it is not willing to share not isolated in the inner city, this is not isolated in one class of person. prosperity with its citizens during the good times. [applause] We must This is a problem that we have ignored too long, and I look forward to show greater respect for the earnings of the people of this state. They’re working with you during this session and the years to come to build a the ones that sent us here; they’re the ones we’re serving. We should be model for the rest of the nation, to build a drug fight that will be the envy a lot more respectful of them when we go about our business. of the United States of America. [applause] 14 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

To criminals who commit violent crimes with a gun, our message must On motion by Senator McKay, the Joint Session was dissolved at be plain and clear: Use a gun, and you’re done. [applause] You can 11:58 a.m., and the Senators were escorted from the Chamber by the applaud that. [applause] I ask—I guess that was pretty weak, but Senate Sergeant at Arms. anyway, you got the point. Senator Silver told me to use that line. [applause] [laughter] I ask that you pass the 10-20-Life legislation Reconvened during this session to provide certainty of punishment to criminals who The House was called to order by the Speaker at 12:01 p.m. A quorum use guns in the commission of a violent crime. was present. Future generations will benefit from our state’s investment over the last 10 years in Florida’s natural resources through Preservation 2000. Remarks of the Speaker It is imperative that this Legislature develop a successor program that Speaker Thrasher: It’s now my pleasure to make some remarks to builds on the accomplishments of that program and revalidates it as we you. I realize—and I obviously realize that after listening to the move into the next century to focus on management, to preserving our Governor—that much of what I have to say will be repetitive and not as natural resources, to dealing with the encroachment of our urban areas eloquent as he gave his message to us, but I want to leave you with just into the pristine areas. All of these things need to be dealt with in this some thoughts from my perspective on how I view the next 60 days, and session, and based on the leadership of the Senate and the House, I’m I appreciate your attention. confident that that will happen, and I applaud you for your efforts. [applause] The story of individual, everyday lives of the people of Florida is an amazing one worthy of a major novel, even a movie. Every morning, In a sustained effort, we also must begin to reconnect our urban cores parents, working men and women, children, grandparents rise to meet and our rural areas that have been left behind with this incredible our great Sunshine State, to face the challenges of their day with prosperity that we’re experiencing. I’ve proposed a plan called Front unbridled optimism. Their stories are a testament to the vibrancy and Porch Florida. Imagine sitting on a front porch—we don’t have many diversity of this great state. From the dreams of our youngest child to homes anymore with front porches—where the first thing that we do is the needs of our frailest senior, to the hopes of all citizens in between, we actually ask the people that we’re serving: What are your needs? the story found between Florida’s bookends is the reason we gather in What are your problems? What are your hopes? What are your this place today. aspirations? To build a consensus around how government can serve them, and ask them to be actively involved in the rebuilding of their As we prepare to embark on this legislative session, our 101st since communities. You see, we’ve tried it the other way for an entire Statehood, let me remind you of our guiding principles, those of which generation—more top-down, driven programs with strings attached. It the people of the State of Florida have entrusted us to carry out: hasn’t worked. We have poverty, and despair, and violence, and a lack • to limit the size of government; of opportunity in many parts of our state, and it should be incumbent upon us to be focused on them as much as we’re focused on the rest of • to cut taxes and empower families and businesses by allowing them the people that we serve in this state. And I look forward to working to spend more of their money rather than having Tallahassee do it with you on a new, creative way to revitalize our neighborhoods so that for them; everybody can take advantage of the exciting 21st century that’s ahead of us. • to provide our children with the finest level of education possible;

There will be many other issues that this historic Legislature will • to curb crime in our communities and protect our environment and work on, but there’s another element about this that’s important to me. care for those who cannot care for themselves. We must do the people’s work with civility and a sense of inclusiveness. These principles, among others, will serve as the guideposts for the While it’s been noted that this is the first time in 130 years that both voyage on which we are about to embark as vehicles for improving the houses of the Legislature and the Governor’s office have been controlled quality of life for every Floridian, young and old. [applause] by the Republican Party, I prefer not to dwell on the historic significance of that fact. It is more significant to me that the people of our great state, Given this defined mission, there are certain pieces of legislation that in their final election of the 20th century, have chosen each one of us, I am committed to being heard by this House in the coming days. Among Republican and Democrat, to serve them and to lead them into the 21st them is an effort to provide tax relief to the families of the state of century. [applause] There’s a climate of mistrust today in America as Florida. Our families and businesses work too long and hard, often it relates to politics, and I believe it is so critical we have a historic tightening their purse strings, doing more with less in their own opportunity not to let the people of this state down. We must give them checkbooks, to not enjoy more of their hard-earned money. Today I issue partnership in progress, not partisanship and pettiness. We have a this challenge to all of us as we sit here: Assist me in achieving the historic opportunity to do what’s right; let’s not blow it. I’m going to do largest tax cut in Florida’s history. [applause] This surplus belongs to everything I can to make sure that, at least for my part of the bargain, the people of Florida, and we should empower them with their choice on we won’t do that. how they wish to spend it, as opposed to having state bureaucracies spend it for them. I pledge to work with each member of the Legislature—Republican, Legislation will come before you that enhances educational Democrat, African-American, Hispanic—from our most populated cities opportunities for children, creates standards for teachers, removes to our rural communities. Let’s show the rest of the country what disruptive students from our classrooms. Our efforts in the area of dedicated public servants can accomplish when they work together with education, I believe, will be our greatest legacy, for our children are the a shared vision. [applause] hope and future of this great state. We must recommit ourselves to the With energy, passion, and courage, I ask that you join me so that we goal of fixing a system which is broken. When any of our children cannot can seize our state’s challenges to create a better quality of life for all read and write at their assigned level; when our teachers are not Floridians in the 21st century. prepared to provide quality education; when any disruptive student stands as an obstacle to the countless others yearning to learn, we must Thank you, God bless you, and may God bless Florida forever. Thank rally, united, to their defense. Beginning today, we embark on a mission you all very much. [applause] to uproot those entrenched interests who’ve roadbloacked the well-being of our children and return the power to parents and our communities. Following his address, Governor Bush was escorted from the Chamber [applause] by the committee. The members of the Supreme Court and the Lieutenant Governor and Cabinet were escorted from the Chamber by Other legislation that will come before you for your consideration will the Sergeants at Arms of the House and Senate. be the stiffening of penalties for using a gun in the commission of a March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 15 crime. It’s high time, it’s high time, that we restore one of society’s I. Consideration of the following bill(s): fundamental principles—that people are responsible for their decisions CS/HB 261—Firefighters & Police Pension TF and that those that do wrong must be prepared to live with the consequences of their actions. [applause] The people of Florida deserve A quorum of the Committee was present in person, and a majority of to feel safe in their homes and on their streets, and I hope you will join those present agreed to the above Report. me in our efforts to make that goal the reality. Respectfully submitted, Joseph Arnall, Chair We will also be considering legislation that brings reform to our legal Committee on Rules & Calendar system. Our state’s courts have become bogged down with frivolous lawsuits, which have pockmarked the road to justice. Together, we will On motion by Rep. Arnall, the above report was adopted. work to ensure that meaningful legislation that reforms this system is enacted and protects the rights and the pocketbooks of our citizens. Reports of Select Committees [applause] Reports of the Select Committee to Review Contested Seat And let us never forget during this legislative session our commitment to Florida’s seniors. You know our state’s fastest growing population is The Honorable John Thrasher February 22, 1999 our elderly. In them, we see individuals in great need of our assistance House of Representatives in meeting their rising health care costs, finding a safe and affordable place to live in the sunset years of their life. Our efforts should not grow Dear Mr. Speaker: dim when it comes to these frail Floridians, and I hope you will By letter dated December 3, 1998, you referred an Election Contest filed recommit yourself today to be stewards of their care. on November 17, 1998, in District 107 by William E. Silver to the Select At the same time, our fragile environment will also be a priority as we Committee to Review Charges of a Contested Seat. In accordance with work to create a successor program to P2000 with an emphasis on the procedures adopted by the Select Committee, a hearing on this protecting our valuable water supply. As our population continues to matter was scheduled for January 8, 1999. The Contestant, William E. grow, so does our need to protect our valuable resources and limited Silver, was provided notice of the hearing by certified mail. Notice of resources. This is one of those issues which I believe looms on our these proceedings was also provided to the incumbent in House District 107, Representative Gustavo A. Barriero. collective horizon and one which we must address during this legislative session. By letter dated December 30, 1998, the Contestant informed the Select Committee that he was “unable to pursue this matter any further” at Today we stand to meet the challenge of living up to the oath that each that time, and requested cancellation of the committee meeting of us took in this Chamber just a few months ago. It is my sincere hope scheduled for January 8, 1999. that each of you will choose to do with a compassionate heart, with a clear conscience, and a commitment above all to do the right thing on On January 8, 1999, the Select Committee considered the letter behalf of the people of Florida. Our time here is precious. Let’s not make submitted by the Contestant. The Select Committee also received a the mistake of traveling down frivolous paths, missing the roads that we motion to dismiss submitted by Representative Barriero who appeared should have taken. Let us, instead, focus on the stories of Floridians of at the meeting. In response to the Contestant’s request to cancel the every age, on the lives found between Florida’s bookends, and ensure meeting, and with the concurrence of Representative Barriero, the that the quality of life that they enjoy will be enhanced by the endeavors Select Committee by unanimous vote continued the hearing on this in which we undertake today. When we leave this place, when we turn matter until January 22, 1999, to afford the Contestant additional time out the lights, when we lock the door, let us leave with the confidence to appear and to present evidence in support of the allegations set forth that we did what we promised to do and with the certainty that we left in the Election Contest. A letter setting forth the Select Committee’s this place better than we found it. decision was sent to the Contestant by certified mail on January 8, 1999. (See Exhibit “A”) Thank you, God bless you, and let’s get to work. [applause] On January 20, 1999, the Select Committee received a second letter Announcement from the Contestant again stating that he would not be in attendance at the committee’s meeting scheduled for January 22, 1999. (See Exhibit Speaker Thrasher informed the House of his designation of Bob West “B”) as the Chaplain of the House of Representatives, effective immediately. In light of the Contestant’s failure to appear, and failure to provide the Recessed committee with any competent evidence to support the allegations set forth in the Election Contest, the Select Committee by unanimous vote On motion by Rep. Arnall, the House recessed at 12:11 p.m., to recommends that the Election Contest filed in District 107 be DENIED. reconvene at 2:30 p.m. today. Under these circumstances, the Select Committee makes no finding nor Reconvened recommendation with regard to the factual allegations of the Election The House was called to order by the Speaker at 2:30 p.m. A quorum Contest. The Select Committee likewise makes no finding nor was present. recommendation with regard to the late filing of the Election Contest in apparent violation of the provisions of Rule 5(b) of the Rules of the Reports of Councils and Standing Committees Florida House of Representatives, nor any other matter of law. Sincerely, Report of the Committee on Rules & Calendar Rep. Tom Feeney, Chair Rep. Johnnie B. Byrd, Jr. Rep. Stacy J. Ritter Rep. Tom Warner The Honorable John Thrasher February 18, 1999 Rep. Doug Wiles Speaker, House of Representatives On motion by Rep. Feeney, the House adopted the report by the Select Mr. Speaker Committee to Review Contested Seat. The vote was: Your Committee on Rules & Calendar herewith submits as the Special Yeas—102 Order for Tuesday, March 2, 1999. Consideration of the House bills on Special Order shall include the Senate companion measures on the The Chair Andrews Arnall Ball House Calendar. Alexander Argenziano Bainter Bense 16 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Betancourt Feeney Kosmas Russell ELECTORS VOTED; 2) THERE IS NO EVIDENCE OF Bilirakis Fiorentino Kyle Ryan SUBSTANTIAL NONCOMPLIANCE WITH THE ABSENTEE Bitner Flanagan Levine Sanderson BALLOT STATUTE; 3) THERE IS NO EVIDENCE OF FRAUD ON Bloom Frankel Logan Smith, C. THE PART OF REPRESENTATIVE FIORENTINO; 4) POLITICAL Boyd Futch Lynn Smith, K. PARTY MAILOUTS TO VOTERS ENCOURAGING ABSENTEE Bradley Garcia Maygarden Sobel VOTING WERE FOUND PERMISSIBLE BY THE DEPARTMENT OF Bronson Gay Melvin Sorensen STATE; AND, 5) THE CANVASSING BOARD’S CERTIFIED Brown Goode Merchant Spratt ELECTION RESULTS IN DISTRICT 46 FAIRLY EXPRESS THE Brummer Goodlette Miller, J. Stafford WILL OF THE ELECTORATE. Bush Gottlieb Miller, L. Stansel FINDINGS OF FACT Byrd Green, C. Minton Starks Cantens Greene, A. Morroni Sublette 1. Debra A. Prewitt, the contestant in this matter, is a former member Casey Greenstein Murman Trovillion of the Florida House of Representatives who represented House District Constantine Hafner Ogles Turnbull 46, which lies entirely within Pasco County, Florida. Ms. Prewitt was a Crady Harrington Patterson Valdes duly qualified Democratic candidate for election to House District 46 in Crist Hart Peaden Villalobos the 1998 general election. Crow Healey Posey Wallace 2. Heather Fiorentino, is the incumbent member representing House Detert Henriquez Prieguez Warner District 46. Representative Fiorentino was a duly qualified Republican Diaz de la Portilla Heyman Pruitt Wasserman Schultz candidate for election to House District 46 in the 1998 general election. Dockery Hill Putnam Waters Edwards Jacobs Rayson Wiles 3. At the general election held on November 3, 1998, Debra A. Prewitt Effman Jones Reddick Wise received 18,156 machine votes and 1,163 absentee votes for a total of Farkas Kelly Ritchie 19,319 votes. Heather Fiorentino received 17,428 machine votes and Fasano Kilmer Ritter 1,914 absentee votes for a total of 19,342 votes. A total of 3,077 absentee ballots were cast in District 46. Nays—None 4. In accordance with Section 102.151, Florida Statutes, the Pasco Votes after roll call: County Canvassing Board certified Heather Fiorentino the winner in Yeas—Albright, Chestnut, Eggelletion, Johnson the House District 46 election by 23 votes. (See Exhibit “A”).

Explanation of Vote 5. On November 9, 1998, Ms. Prewitt pursuant to Section 102.166(1), Florida Statutes, filed a protest with the Pasco County Canvassing I did not cast a vote on the Committee Report on the contested seat Board challenging the election returns in House District 46. The basis for House District 107. Such a vote would have created a conflict with for Ms. Prewitt’s challenge filed with the Pasco County Canvassing House Rule 20. Board was that at least 25 absentee voters who were able to attend the Rep. Gustavo Barreiro polls on election day, voted instead by absentee ballot as a matter of District 107 convenience. (See Exhibit “B”).

The Honorable John Thrasher February 22, 1999 6. On November 13, 1998, the Pasco County Canvassing Board, by House of Representatives unanimous vote, denied the election protest filed by Ms. Prewitt in House District 46. (See Exhibit “C”). Dear Mr. Speaker: 7. On November 9, 1998, Ms. Prewitt filed a civil action in circuit court By letter dated November 17, 1998, and pursuant to Article III, in the Sixth Judicial Circuit protesting the election returns in House section 2, of the Florida Constitution, and Rule 18, of the Rules of the District 46, case No. 98-1-EP (Fla. 6th Cir. Ct. 1998). Representative Florida House of Representatives, you constituted a Select Committee Fiorentino subsequently filed a motion to intervene and a motion to to Review the Charges of a Contested Seat in House District 46. The dismiss the circuit court case. A hearing was held by the circuit court on members appointed to the Select Committee were Representative Tom November 18, 1998. At hearing, the circuit court granted Representative Feeney, Chair, Representative Johnnie B. Byrd, Jr., Representative Fiorentino’s motion to intervene and motion to dismiss. The written Stacy Ritter, Representative Tom Warner, and Representative Doug order of the circuit court granting Representative Fiorentino’s motion to Wiles. The Select Committee was instructed to hold a hearing and dismiss was entered on November 24, 1998. On December 22, 1998, Ms. report its findings and recommendations as soon as reasonably possible Prewitt filed a notice of appeal of the circuit court’s order. The appellate in accordance with Rule 5(b), Rules of the Florida House of proceedings are pending in the Second District Court of Appeal. Representatives. 8. On November 12, 1998, the Florida Secretary of State, in accordance Pursuant to notice, hearings were conducted by the Select Committee with Section 102.155, Florida Statutes, issued a Certificate of Election on December 3, 1998, and on January 8, 1999 in Tallahassee, Florida. to Heather Fiorentino as the elected member of the Florida House of At hearing, the contestant, former Representative Debra A. Prewitt, Representatives, District 46. (See Exhibit “D”). was represented by Mark Herron, Esquire, and Chris Haughee, Esquire. Representative Heather Fiorentino, the incumbent member from 9. On November 12, 1998, Ms. Prewitt timely filed with the Clerk of District 46, was represented by Richard Coates, Esquire. the Florida House of Representatives, an Election Contest in District 46, which as indicated above, was referred to the Select Committee on At the conclusion of the Select Committee hearing on January 8, 1999, November 17, 1998. The Election Contest challenges certain absentee the Select Committee by a vote of 3-2, determined that the election ballots cast in House District 46. The Election Contest raises contest in House District 46 should be denied based upon the following substantially the same allegations asserted in Ms. Prewitt’s election findings of fact and conclusions of law. protest which was denied by the Pasco County Canvassing Board, SUMMARY OF RECOMMENDATIONS specifically that more than 25 absentee ballots were cast by voters who were able to attend the polls, but voted instead by absentee ballot for THE SELECT COMMITTEE RECOMMENDS DENIAL OF THE convenience or other reasons not permitted by statute. The Election ELECTION CONTEST FILED IN DISTRICT 46 BASED UPON THE Contest seeks to invalidate such absentee ballots on the grounds that LACK OF EVIDENCE TO SUPPORT A FINDING THAT FRAUD the voter’s certificates required under Section 101.64 (1), Florida OCCURRED IN THE ABSENTEE BALLOT PROCESS. Statutes, were falsely and fraudulently executed by these voters in SPECIFICALLY: 1) THERE IS NO EVIDENCE THAT UNQUALIFIED District 46. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 17

10. On December 3, 1998, the Select Committee conducted an initial (1) The supervisor shall enclose with each absentee ballot two hearing on the Election Contest in District 46. Prior to hearing, counsel envelopes: a secrecy envelope, into which the absent elector shall for Ms. Prewitt and Representative Fiorentino entered into and filed a enclose his or her marked ballot; and a mailing envelope, into which Prehearing Stipulation with the Select Committee. At hearing, counsel the absent elector shall then place the secrecy envelope, which shall for Ms. Prewitt stated that the evidence required to prove the be addressed to the supervisor and also bear on the back side a allegations of fraud in the Election Contest in District 46 required the certificate in substantially the following form: testimony of voters in District 46 who had voted by absentee ballot as VOTER’S CERTIFICATE a matter of convenience. Counsel for Ms. Prewitt, however, did not present a legal standard, adopted under statute or case law, by which I, . . .(print name). . ., do solemnly swear or affirm that I am a a determination of an absentee voter’s ability to attend the polls on qualified elector in this election, that I am unable to attend the polls election day for purposes of section 101.64(1), Florida Statutes, could be on election day, and that I have not and will not vote more than one adjudged. Counsel agreed that a determination of a voter’s ability to ballot in this election. I understand that failure to sign this attend the polls on election day was a subjective standard which was certificate and have my signature witnessed will invalidate my dependent upon the circumstances of each individual absentee voter. ballot. Counsel, nevertheless, requested authorization from the Select . . .(Voter’s Signature). . . Committee to subpoena specified voters in District 46 who voted by The term “unable to attend the polls on election day” is not statutorily absentee ballot to compel testimony from such voters regarding the defined. candidate for whom the voter cast his or her ballot, and further compelling testimony regarding the voter’s statement affirming his or 15. A person who willfully swears or affirms falsely to an oath or her inability to attend the polls on election day. By a vote of 4-1, the affirmation in connection with or arising out of voting or elections Select Committee declined to authorize the issuance of subpoenas to commits a felony of the third degree. Section 104.011, Florida Statutes. compel testimony from voters in District 46 which would require these 16. Section 14 of Chapter 98-129, Laws of Florida, amended Section voters to testify on matters relating to self-incrimination, or otherwise 101.64(1), Florida Statutes, to provide in pertinent part: invade the secrecy of the ballot. In response to the request of counsel for Ms. Prewitt, the Select Committee adopted guidelines by which counsel VOTER’S CERTIFICATE for the parties were authorized to contact voters in District 46 and, with appropriate notice and disclosures, request voluntary testimony from I, .... am a qualified and registered voter of .... County, Florida. I these voters by either affidavit or deposition. Evidence obtained under understand that if I commit or attempt to commit any fraud in these guidelines from either party was to be submitted to the Select connection with voting, vote a fraudulent ballot, or vote more than Committee at its next scheduled hearing on January 8, 1999. once in an election, I can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years. I also 11. On January 8, 1999, the Select Committee reconvened. At hearing, understand that failure to sign this certificate and have my counsel for Ms. Prewitt stated that in accordance with the guidelines signature witnessed will invalidate my ballot. I am entitled to vote adopted by the Select Committee, 70 letters had been mailed to certain an absentee ballot for one of the following reasons: identified voters in District 46 who had cast absentee ballots. Of the 70 1. I am unable without another’s assistance to attend the polls. voters contacted, only 3 voters indicated that they would voluntarily appear for questioning. Counsel for Ms. Prewitt made no attempt to 2. I may not be in the precinct of my residence during the hours depose these 3 voters who indicated their willingness to appear for the polls are open for voting on election day. questioning. The Select Committee members offered to consider allowing counsel additional time to obtain evidence; however, counsel 3. I am an inspector, a poll worker, a deputy voting machine for Ms. Prewitt stated that in light of the limited response to the letters custodian, a deputy sheriff, a supervisor of elections, or a deputy supervisor who is assigned to a different precinct than that in which sent to voters in District 46, and under the Select Committee guidelines, I am registered. additional time would not be productive. Accordingly, no evidence from voters who cast absentee ballots in District 46 was submitted to the 4. On account of the tenets of my religion, I cannot attend the Select Committee by Ms. Prewitt. Evidence was presented to the Select polls on the day of the general special or primary election. Committee that reflected that both the Democratic and Republican parties issued political materials encouraging voters to vote by absentee 5. I have changed my permanent residency to another county in ballot for convenience. (See Exhibit “E”). It further appears that the Florida within the time period during which the registration books Florida Department of State in Opinion 98-14, issued on September 16, are closed for the election, I understand that I am allowed to vote 1998, found that the materials distributed were permissible. (See only for national and statewide offices and on statewide issues. Exhibit “F”). At the conclusion of the presentation, counsel for both 6. I have changed my permanent residency to another state and parties requested the Select Committee determine this matter based am unable under the laws of such state to vote in the general upon the pleadings, materials, and legal argument of counsel submitted election. I understand that I am allowed to vote only for President to the Select Committee at that time. and Vice President. CONCLUSIONS OF LAW 7. I am unable to attend the polls on election day and am voting this ballot in person at the office of, and under the supervision of, 12. The House of Representatives is the sole judge of the qualifications, the county supervisor of elections. elections and returns of its members, and has exclusive jurisdiction over . . .(Voter’s Signature). . . this matter. Article III, section 2, Florida Constitution. McPherson v. Flynn, 397 So.2d 665 (Fla. 1981); Harden v. Garrett, 483 So.2d 409 (Fla. The provisions of Chapter 98-129, Laws of Florida were not in effect on 1985). November 3, 1998, because of pending objections from the United States Department of Justice. 13. The Election Contest filed in this matter seeks to invalidate absentee ballots based on allegations that some voters in District 46 17. The threshold determination for consideration of an elections falsely or fraudulently affirmed that they were unable to attend the contest is whether the certified election results reflect the expression of polls on election day, and voted absentee when such voters were, in fact, the will of the electorate. Boardman v. Esteva, 323 So.2d 259 (Fla. 1975). able to attend the polls on election day. Debra A. Prewitt, as the In Boardman a losing candidate for judicial office sought to invalidate contestant in this matter, has the burden of proving the allegations set all absentee ballots based on allegations of substantial irregularities in forth in the Election Contest. the absentee ballot process. The Florida Supreme Court held that irregularities found in the absentee ballot process did not warrant 14. Section 101.64(1), Florida Statutes (1997) provides: invalidating the ballots and disenfranchising the voters stating: 18 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

We first take note that the real parties in interest here, not in the affirmed that they were unable to attend the polls on election day when legal sense but in realistic terms, are the voters. They are possessed in actuality they were able to attend the polls. There is no statutory test of the ultimate interest and it is they whom we must give primary by which to measure this subjective statement of an elector of his or her consideration. The contestants have direct interests certainly, but inability to attend the polls. Moreover, there are no allegations of the office they seek is one of high public services and of utmost intentional wrongdoing on the part of Representative Fiorentino, nor importance to the people, thus subordinating their interests to that of the people. Ours is a government of, by and for the people. Our individual voters in District 46. Even if evidence to support the federal and state constitutions guarantee the right of the people to allegations of the Election Contest had been presented to the Select take an active part in the process of that government, which for Committee, the Florida Supreme Court, as set forth above, has most of our citizens means participation via the election process. specifically declined to invalidate elections, and disenfranchise voters The right to vote is the right to participate; it is also the right to under similar circumstances where unintentional noncompliance with speak, but more importantly the right to be heard. We must tread the absentee ballot statutes has occurred. carefully on that right or we risk the unnecessary and unjustified muting of the public voice. By refusing to recognize an otherwise 20. The allegations asserted in the Election Contest in District 46 are valid exercise of the right to a citizen to vote for the sake of sacred, very different from those rare cases in which elections have been unyielding adherence to statutory scripture, we would in effect nullify that right. invalidated and voters disenfranchised. In the most recent Florida case * * * in which these issues have been litigated, In re The Matter of the Protest of Elections Returns and Absentee Ballots in the November 4, 1997 In developing a rule regarding how far irregularities in absentee Election for the City of Miami, Florida, 707 So2d 1170 (Fla. 3d DCA ballots will affect the result of the election, a fundamental inquiry 1998), the court found that the election contest established “a pattern of should be whether or not the irregularity complained of has prevented a full, fair and free expression of the public will. Unless fraudulent, intentional and criminal conduct that resulted in such an the absentee voting laws which have been violated in the casting of extensive abuse of the absentee ballot laws that it can fairly be said that the vote expressly declared that the particular act is essential to the the intent of these laws was totally frustrated.” Id. at 1171. Specifically, validity of the ballot, or that its omission will cause the ballot not the evidence presented to the court in the mayoral election for the City to be counted, the statute should be treated as directory, not of Miami consisted of: 1) expert statistical analysis of fraud in the mandatory. Provided such irregularity is not calculated to affect the absentee ballots which affected the outcome of the election; 2) evidence integrity of the ballot or election. (e.s.) of 113 confirmed false voter addresses on absentee ballots; 3) evidence Id. At 236, 38. of 14 stolen absentee ballots; 4) expert testimony from a documents examiner of 225 illegal absentee ballots cast; and, 5) evidence that 480 18. The Florida Supreme Court’s decision in Boardman was recently reaffirmed in Beckstrom v. Volusia County Canvassing Board, 707 So.2d absentee ballots were procured or witnessed by 29 identified “ballot- 720 (Fla. 1998). The Beckstrom case involved a challenge to a sheriff’s brokers” who declined to testify based on their privilege against self- election in which the trial court found that election officials had incrimination. committed gross negligence in failing to substantially comply with the absentee ballot process. The Florida Supreme Court held, however, that 21. In contrast, the allegations set forth in the Election Contest in even where there is demonstrated substantial noncompliance with the District 46 do not assert a pattern of intentional or criminal wrongdoing. absentee ballot statute, the certified election results should be sustained Even if voters were told or assumed that they could vote absentee as a unless it is clearly proven that the election does not express the will of matter of convenience, which arguably may have been incorrect under the voters: the absentee ballot law, it has been held by a federal appellate court that We hold that there is a necessary distinction between an election it is nevertheless impermissible to invalidate all absentee ballots under contest with a judicial determination of fraud and an election such circumstances because had the voters been given correct advice, contest with a judicial determination of substantial noncompliance they may have gone to the polls and voted in person. Marks v. Stinson, with statutory election procedures, even if the noncompliance is 19 F.3d 873 (3d Cir. 1994). determined to be a result of gross negligence by election officials. Such a distinction is required in order to respect the fundamental 22. As indicated above, the Select Committee by a vote of 4-1 denied principle upon which we based our decision in Boardman. As the the request of counsel for Ms. Prewitt for issuance of subpoenas to trial court in this case recognized, the essence of our Boardman compel the testimony of voters in District 46. Compelling voters to decision is that a trial court’s factual determination that a contested testify with regard to the false or fraudulent affirmance of the voter’s certified election reliably reflects the will of the voters outweighs oath and to further disclose for which candidate they cast their ballot, the court’s determination of unintentional wrongdoing by election officials in order to allow the real parties in interest—the voters— impairs not only the constitutional privilege against self-incrimination, to prevail. By unintentional wrongdoing, we mean noncompliance but also the sanctity of the ballot. Counsel for the parties could not cite, with statutorily mandated election procedures in situations in and committee staff could not ascertain, any case in which such which the noncompliance results from incompetence, lack of care, testimony had been compelled by either a court or a legislative or, as we find occurred in this election, the election officials’ committee. After only three voters volunteered to appear for such erroneous understanding of the statutory requirements. In sum, we questioning, counsel for Ms. Prewitt did not request to present evidence hold that even in a situation in which a trial court finds substantial from other sources, such as was presented in the Miami mayoral election noncompliance caused by unintentional wrongdoing as we have case cited above, to the Select Committee to support allegations of fraud defined it, the court is to void the election only if it finds that the substantial noncompliance resulted in doubt as to whether a in the District 46 election. certified election reflected the will of the voters. (e.s.) 23. Under these circumstances, there is no evidence to establish that Id. At 725. the election in House District 46 did not reflect a fair and free expression of the will of the voters. There is no evidence that unqualified voters cast 19. In the Election Contest filed in District 46 there is no showing that ballots in the election. Even assuming that some voters were the certified election results do not reflect the will of the voters. There is no allegation and no evidence that unqualified electors cast absentee misinformed that absentee ballots were available solely for reasons of ballots in District 46. The only basis asserted for the invalidation of convenience, the law does not compel the disenfranchisement of such absentee ballots is directed to the method by which qualified electors voters for unintentional noncompliance with the strict requirements of cast their ballots, specifically, that some qualified electors may have the absentee ballot statutes. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 19

Accordingly, it is the recommendation of the Select Committee that the provided are a minimum and may not be diminished by any other state, Election Contest in House District 46 be DENIED. local, or federal benefits; providing an exception; modifying the formula for calculating volunteer firefighter service retirement benefits; Sincerely, clarifying terminology relating to “sole and exclusive use of” premium Rep. Tom Feeney, Chair Rep. Johnnie B. Byrd, Jr. tax funds and “extra benefits” by providing that moneys must be placed Rep. Stacy J. Ritter (not signed) Rep. Tom Warner in a police-only or firefighter-only plan or a combined police and Rep. Doug Wiles (not signed) firefighter plan as opposed to placing moneys in any type of plan that On motion by Rep. Feeney, the House adopted the report by the Select includes general employees; providing for establishment of a new board Committee to Review Contested Seat. The vote was: and for transfer of assets in certain cases; creating s. 175.195, F.S.; prohibiting certain fraudulent practices; providing criminal and Yeas—78 administrative penalties; repealing s. 175.152, F.S., relating to contributions; repealing s. 175.251, F.S., relating to employment records The Chair Crist Kelly Putnam that are required to be kept by the secretary of the board of trustees; Albright Crow Kilmer Roberts repealing s. 175.291, F.S., relating to the requirement that the attorney Alexander Detert Kyle Rojas for the municipality or special fire control district represent the board Andrews Diaz de la Portilla Lacasa Russell of trustees upon request and the option to employ independent counsel Argenziano Dockery Lawson Sanderson and other persons; repealing s. 175.321, F.S., relating to the application Arnall Farkas Logan Sembler of certain provisions to municipalities and fire control districts; Bainter Fasano Lynn Smith, K. repealing s. 175.331, F.S., relating to the rights of firefighters under Ball Feeney Maygarden Sorensen former law; repealing s. 175.391, F.S., relating to payment of attorney’s Barreiro Flanagan Melvin Spratt fees and costs; repealing s. 185.14, F.S., relating to contributions; Bense Fuller Merchant Starks repealing s. 185.15, F.S, relating to contributions and new employees; Bilirakis Futch Miller, J. Sublette creating s. 185.185, F.S.; prohibiting certain fraudulent practices; Bitner Garcia Minton Trovillion providing criminal and administrative penalties; repealing s. 185.27, Bradley Gay Morroni Valdes F.S., relating to the roster of retirees; repealing s. 185.29, F.S., relating Bronson Goode Murman Villalobos to the city attorney representing the board of trustees; repealing s. Brummer Goodlette Ogles Wallace 185.32, F.S., relating to exemptions from the chapter; repealing s. Byrd Green, C. Patterson Warner 185.36, F.S., relating to the rights of police officers under former laws; Cantens Harrington Peaden Waters repealing s. 185.40, F.S., relating to costs and attorney’s fees; creating Casey Hart Posey Wise ss. 175.411 and 185.60, F.S.; providing for optional participation; Constantine Johnson Prieguez providing an effective date. Crady Jones Pruitt —was read the first time by title. On motion by Rep. Arnall, the rules Nays—37 were suspended and the bill was read the second time by title.

Betancourt Eggelletion Jacobs Sobel Representative(s) Pruitt offered the following: Bloom Frankel Kosmas Stafford Boyd Gottlieb Levine Stansel Amendment 1—On page 22, lines 24 and 25, Brown Greene, A. Miller, L. Turnbull remove from the bill: all of said lines Bush Greenstein Rayson Wasserman Schultz Chestnut Hafner Reddick Wiles and insert in lieu thereof: districts, respectively. Cosgrove Healey Ritchie Wilson Rep. Pruitt moved the adoption of the amendment, which was Dennis Henriquez Ritter adopted. Edwards Heyman Ryan Effman Hill Smith, C. Representative(s) Pruitt offered the following:

Explanation of Vote Amendment 2—On page 84, lines 14 through 16, remove from the bill: all of said lines I did not cast a vote on the Committee Report on the contested seat for District 46. Such a vote could have created a conflict with House Rule and insert in lieu thereof: municipalities, respectively. 20. Rep. Pruitt moved the adoption of the amendment, which was Rep. Heather Fiorentino adopted. District 46 Rep. K. Smith moved that, under Rule 142(h), a late-filed amendment Special Orders be allowed for consideration, which was not agreed to. On motion by Rep. Arnall, the rules were suspended and the House On motion by Rep. Pruitt, the rules were suspended and CS/HB 261, moved to the order of— as amended, was read the third time by title. On passage, the vote was:

Introduction and Reference Yeas—113 The Chair Bitner Constantine Fasano By the Committee on Governmental Operations; Representatives Albright Bloom Cosgrove Feeney Pruitt, Fasano, Gay, and Kelly— Alexander Boyd Crady Fiorentino CS/HB 261—A bill to be entitled An act relating to municipal Andrews Bradley Crist Flanagan firefighters’ pension trust funds and municipal police officers’ Argenziano Bronson Crow Frankel retirement trust funds; amending and revising the provisions of Arnall Brown Dennis Fuller chapters 175 and 185, F.S.; defining “chapter plans,” “local law plans,” Bainter Brummer Detert Futch and “supplemental plan municipality”; redefining “compensation” or Ball Bush Diaz de la Portilla Garcia “salary” for retirement purposes under these chapters; clarifying the Barreiro Byrd Edwards Gay applicability of minimum benefits for both chapter and local law plans; Bense Cantens Effman Goode eliminating discriminatory language in conformance with state and Betancourt Casey Eggelletion Goodlette federal discrimination provisions; providing that certain benefits Bilirakis Chestnut Farkas Gottlieb 20 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Green, C. Lacasa Pruitt Stansel By Representatives Harrington, Fasano, Feeney, Byrd, and Greene, A. Lawson Putnam Starks Heyman— Greenstein Levine Rayson Sublette Hafner Lynn Reddick Trovillion HB 7—A bill to be entitled An act relating to children and families; amending s. 39.01, F.S.; including references to great-grandparents in Harrington Maygarden Ritchie Turnbull definitions relating to dependent chldren; amending s. 39.509, F.S.; Hart Melvin Ritter Valdes providing for great-grandparents visitation rights; amending ss. 39.801 Healey Merchant Roberts Villalobos and 63.0425, F.S.; providing for a great-grandparent’s right to adopt; Henriquez Miller, J. Rojas Wallace amending s. 61.13, F.S.; providing for great-grandparents visitation Heyman Miller, L. Russell Warner rights and standing with regard to evaluating custody arrangements; Hill Minton Ryan Wasserman Schultz amending s. 63.172, F.S.; conforming references relating to great- Jacobs Morroni Sanderson Waters grandparental visitation rights under ch. 752, F.S.; amending ss. 984.03 Johnson Murman Sembler Wiles and 985.03, F.S.; including references to great-grandparents in Jones Ogles Smith, C. Wilson definitions relating to delinquent children; providing an effective date. Kelly Patterson Sobel Wise Kilmer Peaden Sorensen First reading by publication (Art. III, s. 7, Florida Constitution). Kosmas Posey Spratt Referred to the Committee(s) on Family Law & Children. Kyle Prieguez Stafford By Representatives Harrington, Fasano, and Feeney— Nays—2 HB 9—A bill to be entitled An act relating to patriotic programs in the Dockery Smith, K. school districts; creating s. 233.0655, F.S.; authorizing district school Votes after roll call: board rules to require patriotic programs; providing program Yeas—Logan requirements; requiring recitation of the pledge of allegiance; providing Yeas to Nays—Melvin an effective date.

So the bill passed, as amended. On motion by Rep. Pruitt, the rules First reading by publication (Art. III, s. 7, Florida Constitution). were suspended and the bill was immediately certified to the Senate Referred to the Committee(s) on Education/K-12 and Education after engrossment. Appropriations.

Motion to Adjourn By Representatives Trovillion, Futch, and Kilmer—

Rep. Arnall moved that the House adjourn for the purpose of holding HB 11—A bill to be entitled An act relating to arrests; amending s. committee meetings and conducting other House business, to reconvene 901.02, F.S., relating to issuance of arrest warrants; providing that the at 8:50 a.m., Thursday, March 4. The motion was agreed to. court may issue a warrant for the defendant’s arrest which provides for the defendant’s release upon his or her own recognizance under Introduction and Reference specified circumstances when a complaint has been filed charging the commission of a misdemeanor only and the summons issued to the By Representative Posey— defendant is returned unserved; creating s. 901.36, F.S.; prohibiting a HB 1—A bill to be entitled An act relating to state finances; amending person who has been arrested or lawfully detained by a law enforcement s. 186.021, F.S.; requiring each state agency strategic plan to include a officer from giving a false name or otherwise falsely identifying himself summary of all moneys that were spent by or otherwise passed through or herself to the law enforcement officer or county jail personnel; the agency during the preceding fiscal year and an estimate of such providing penalties; prohibiting a person who has been arrested or spending and handling for the current fiscal year; providing lawfully detained by a law enforcement officer from adversely affecting requirements for the reporting of such information; providing for a another person by giving a false name belonging to another person or reduction in funding for failure to submit the summary with the state otherwise falsely identifying himself or herself to the law enforcement agency strategic plan as required; requiring the Florida Financial officer or county jail personnel; providing penalties; permitting the Management Information System Coordinating Council to submit to the adversely affected person to obtain court orders to correct public records Governor and Legislature a report with recommendations relating to under specified circumstances; authorizing issuance of such court orders the reporting of such information; providing an effective date. by the sentencing court; providing for restitution orders; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations, Financial Referred to the Committee(s) on Law Enforcement & Crime Services, and General Appropriations. Prevention, Crime & Punishment, and Criminal Justice Appropriations. By Representatives Starks, Fasano, Casey, and Heyman— By Representative Heyman— HB 3—A bill to be entitled An act relating to child identification; HB 13—A bill to be entitled An act relating to restitution; amending providing a short title; providing legislative intent; requiring hospitals s. 775.089, F.S.; specifying retention of jurisdiction by county courts to and birthing centers to notify parents of the availability of the Child enforce restitution under certain circumstances; providing an effective Identification Program; requiring hospitals and birthing centers to date. provide identification services to the parent upon payment of a fee; encouraging physicians to participate in the Child Identification First reading by publication (Art. III, s. 7, Florida Constitution). Program; prohibiting the creation or maintenance of certain records; providing an effective date. Referred to the Committee(s) on Crime & Punishment and Judiciary.

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

Referred to the Committee(s) on Health Care Licensing & Regulation, HB 15—A bill to be entitled An act relating to culpable negligence; Family Law & Children, and Governmental Rules & Regulations. creating s. 812.030, F.S.; providing definitions; specifying the offense of culpable negligence causing public financial injury; specifying elements HB 5—Withdrawn of the offense; providing penalties; requiring certain notice in certain March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 21 state contracts; specifying that failure to provide such notice does not damages; providing for the assumption of certain risks; providing for the constitute a defense to the offense; providing for prosecuting such effect of certain insurance; providing an effective date. offenses; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary and Governmental Operations. Referred to the Committee(s) on Crime & Punishment, Judiciary, Governmental Operations, and General Government Appropriations. By Representatives Chestnut, Ogles, Gay, Detert, Frankel, Logan, Casey, Dennis, Brown, Constantine, Stafford, Fasano, Ritter, Levine, By Representatives Constantine and Goodlette— Effman, Merchant, and Warner—

HB 17—A bill to be entitled An act relating to local government; HB 21—A bill to be entitled An act relating to school buses; requiring creating ss. 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, and that buses purchased after a specified date and used in transporting 163.2526, F.S., the Urban Infill and Redevelopment Act; providing certain students be equipped with safety belts that comply with legislative findings; providing definitions; authorizing counties and specified standards; providing an effective date. municipalities to designate urban infill and redevelopment areas based First reading by publication (Art. III, s. 7, Florida Constitution). on specified criteria; requiring preparation of a plan or designation of an existing plan and providing requirements with respect thereto; Referred to the Committee(s) on Education/K-12, Judiciary, and requiring a public hearing; providing for amendment of the local Education Appropriations. comprehensive plan; providing that economic and regulatory incentives By Representatives Ball and Fasano— may be rescinded if the plan is not implemented; providing that counties and municipalities that have adopted such plan may issue revenue HB 23—A bill to be entitled An act relating to criminal offenses bonds and employ tax increment financing under the Community involving minors; creating the Children’s Protection Act of 1999; Redevelopment Act and exercise powers granted to community amending s. 775.084, F.S., and reenacting s. 775.084(6), F.S., relating to redevelopment neighborhood improvement districts; requiring a report violent career criminal sentencing, to conform to the act; amending ss. by certain state agencies; providing a program for grants to counties and 787.01 and 787.02, F.S., relating to kidnapping and false imprisonment, municipalities with urban infill and redevelopment areas; providing for to conform to the act; amending s. 800.04, F.S.; creating the offenses of review and evaluation of the act and requiring a report; amending s. “lewd or lascivious battery,” “lewd or lascivious molestation,” “lewd or 163.3180, F.S.; authorizing exemptions from the transportation lascivious conduct,” and “lewd or lascivious exhibition”; providing facilities concurrency requirement for developments located in an urban definitions; providing penalties; precluding consent from being raised as a defense if the victim is under a specified age; precluding ignorance or infill and redevelopment area; amending s. 163.3187, F.S.; providing belief of age from being raised as a defense; providing an exception for that comprehensive plan amendments to designate such areas are not maternal breastfeeding; deleting provisions that define and provide subject to statutory limits on the frequency of plan amendments; penalties for “lewd, lascivious, or indecent assault or act upon or in the including such areas within certain limitations relating to small scale presence of a child”; amending s. 826.04, F.S., relating to incest; development amendments; amending s. 187.201, F.S.; including policies removing definition of “sexual intercourse” and defining “sexual relating to urban policy in the State Comprehensive Plan; amending s. activity”; redefining the offense of third degree felony incest to include 380.06, F.S., relating to developments of regional impact; increasing knowingly marrying or engaging in sexual activity with any of the certain numerical standards for determining a substantial deviation for specified relatives who is at least 18 years old; providing penalties; projects located in certain urban infill and redevelopment areas; defining the offense of second degree felony incest against a person amending s. 163.375, F.S.; authorizing acquisition by eminent domain under 16 years of age; providing penalties; reenacting ss. 775.15(7), of property in unincorporated enclaves surrounded by a community 787.025(2)(a), 914.16, and 944.606(1)(b), F.S., relating to time redevelopment area when necessary to accomplish a community limitations, luring or enticing a child, limits on interviews, and sex development plan; amending s. 171.0413, F.S., relating to municipal offender notification upon release, to incorporate the amendments to ss. annexation procedures; requiring public hearings; deleting a 800.04 and 826.04, F.S., in cross references; amending s. 921.0022, F.S.; ranking offenses created in the act in the Criminal Punishment Code requirement that a separate referendum be held in the annexing offense severity ranking chart; amending s. 948.03, F.S., and reenacting municipality when the annexation exceeds a certain size and providing s. 948.03(6), F.S., relating to terms and conditions of probation or that the governing body may choose to hold such a referendum; community control, to conform to the act; providing an effective date. providing procedures by which a county or combination of counties and the municipalities therein may develop and adopt a plan to improve the First reading by publication (Art. III, s. 7, Florida Constitution). efficiency, accountability, and coordination of the delivery of local Referred to the Committee(s) on Crime & Punishment, Family Law & government services; providing for initiation of the process by Children, and Criminal Justice Appropriations. resolution; providing requirements for the plan; requiring approval by the local governments’ governing bodies and by referendum; authorizing HB 25—Withdrawn municipal annexation through such plan; providing an effective date. By Representatives Starks, Melvin, Fasano, Feeney, and Byrd— First reading by publication (Art. III, s. 7, Florida Constitution). HB 27—A bill to be entitled An act relating to intangible personal Referred to the Committee(s) on Community Affairs, Business property taxes; amending s. 199.185, F.S.; increasing the percentage of Development & International Trade, Water & Resource Management, accounts receivable that is exempt from said taxes; retaining legislative and Transportation & Economic Development Appropriations. intent to exempt all accounts receivable on a future date; providing an effective date. By Representatives Futch and Warner— First reading by publication (Art. III, s. 7, Florida Constitution). HB 19—A bill to be entitled An act relating to skateboarding, inline Referred to the Committee(s) on Financial Services, Finance & skating, and freestyle bicycling; creating s. 316.0085, F.S.; providing Taxation, and General Appropriations. legislative purpose; providing definitions; providing limitations on liability with respect to governmental entities and public employees HB 29—Withdrawn with respect to persons who participate in skateboarding, inline skating, By Representatives Starks and Lynn— or freestyle bicycling on property owned or leased by the governmental entity; providing exceptions; providing for liability of independent HB 31—A bill to be entitled An act relating to unemployment concessionaires or other persons or organizations for certain injuries or compensation; amending s. 443.036, F.S.; revising a definition for 22 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 purposes of determining base period; including additional calendar and the child; providing for the privilege to be claimed by the child or years for purposes of reducing certain tax rates; amending s. 443.111, parent, or the child’s or parent’s guardian or conservator; providing a F.S.; revising determinations of weekly benefit amount and duration of legal presumption for authority to claim the privilege absent contrary benefits; providing an effective date. evidence; providing that there is no parent-child privilege in certain legal proceedings brought against a family member by or on behalf of First reading by publication (Art. III, s. 7, Florida Constitution). another family member, in prosecutions or other criminal proceedings involving commission of a crime or delinquent act or in investigations of Referred to the Committee(s) on Business Development & murder or sexual battery, or in certain matters involving the International Trade, Insurance, and Transportation & Economic Department of Juvenile Justice or Department of Children and Family Development Appropriations. Services; providing for waiver of the privilege; providing an effective By Representative Sembler— date.

HB 33—A bill to be entitled An act relating to the City of Tallahassee; First reading by publication (Art. III, s. 7, Florida Constitution). providing for the relief of Warren Weathington and Carl Weathington, Referred to the Committee(s) on Judiciary, Law Enforcement & Crime father of Warren Weathington; providing for an appropriation to Prevention, and Family Law & Children. compensate Warren Weathington for injuries sustained as a result of the negligent conduct of employees of the City of Tallahassee and to By Representative Harrington— compensate Carl Weathington for medical expenses incurred as a result of the injuries sustained by his son, Warren Weathington; providing an HB 43—A bill to be entitled An act relating to public records; effective date. amending s. 119.07, F.S.; revising the exemption from public records requirements for personal information contained in a motor vehicle Proof of publication of the required notice was attached. record; removing the requirement that said exemption be conditioned on a request for exemption by the person who is the subject of the record; First reading by publication (Art. III, s. 7, Florida Constitution). providing a finding of public necessity; providing an effective date. Referred to the Committee(s) on Claims and Health & Human First reading by publication (Art. III, s. 7, Florida Constitution). Services Appropriations. Referred to the Committee(s) on Transportation and Governmental By Representative Ball— Operations. HB 35—A bill to be entitled An act relating to orthotics, prosthetics, By Representatives Harrington, Fasano, and Feeney— and pedorthics; amending s. 468.805, F.S.; extending the deadline for a person who has practiced orthotics, prosthetics, or pedorthics for the HB 45—A bill to be entitled An act relating to battery; creating s. required period to apply for licensure, based on the person’s experience 784.078, F.S.; defining “facility” and “employee”; defining the offense of and educational preparation, without meeting the educational battery of facility employee by throwing, tossing, or expelling certain requirements set forth in statute; providing an effective date. fluids or materials on an employee of a correctional facility of the state or local government or a secure facility operated and maintained by the First reading by publication (Art. III, s. 7, Florida Constitution). Department of Corrections or the Department of Juvenile Justice or Referred to the Committee(s) on Health Care Licensing & Regulation, other facility employee, so as to cause or attempt to cause such employee Business Regulation & Consumer Affairs, and Health & Human to come into contact with the fluid or material; providing penalties; Services Appropriations. providing for placement of an offender on a management meal program under specified circumstances; amending s. 921.0022, F.S.; providing for By Representatives Ball, Fasano, and Feeney— ranking the offense of battery of a facility employee for purposes of the Criminal Punishment Code offense severity ranking chart; providing an HB 37—A bill to be entitled An act relating to guidelines for fair effective date. treatment of victims and witnesses in the justice system; amending s. 960.001, F.S.; allowing specified state agencies to participate in crime First reading by publication (Art. III, s. 7, Florida Constitution). prevention and educational activities; providing for use of funds Referred to the Committee(s) on Crime & Punishment, Corrections, appropriated for prevention activities; providing an effective date. and Criminal Justice Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Fuller, Fasano, and Harrington— Referred to the Committee(s) on Law Enforcement & Crime HB 47—A bill to be entitled An act relating to tax on sales, use, and Prevention, Judiciary, and Criminal Justice Appropriations. other transactions; amending s. 212.031, F.S.; exempting property used By Representative Chestnut— as a travel center/truck stop facility from the tax on the rental or lease of, or grant of a license to use, real property; providing an effective date. HB 39—A bill to be entitled An act relating to children in foster care placement or relative placement; requiring the development of a pilot First reading by publication (Art. III, s. 7, Florida Constitution). educational enhancement project to provide specialized services to Referred to the Committee(s) on Transportation, Finance & Taxation, children in Alachua County and Citrus County; providing requirements; and General Appropriations. providing an effective date. By Representatives Trovillion, Alexander, Ball, Hart, Posey, First reading by publication (Art. III, s. 7, Florida Constitution). Constantine, and Heyman— Referred to the Committee(s) on Family Law & Children, Children & HB 49—A bill to be entitled An act relating to criminal use of personal Families, and Health & Human Services Appropriations. identification information; creating s. 817.568, F.S.; providing By Representative Bloom— definitions; providing that under specified circumstances a person who knowingly uses or attempts to use personal identification information HB 41—A bill to be entitled An act relating to privileged concerning an individual without previously obtaining the individual’s communications between parent and child; creating s. 90.5045, F.S.; consent commits the offense of fraudulent use of personal identification providing for a parent-child privilege pursuant to which the parent or information; providing that under specified circumstances a person who child may refuse to disclose, or prevent another from disclosing, certain wantonly and maliciously uses or attempts to use personal identification communications intended to be made in confidence between the parent information concerning an individual without first obtaining the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 23 individual’s consent commits the offense of malicious use of personal F.S.; revising application of provisions which specify that certain identification information; providing penalties; providing for nonprofit corporations which are exempt from sales tax are nonprofit for nonapplicability of the new provisions to specified law enforcement purposes of determining eligibility for the religious, literary, scientific, activities; providing for restitution, including attorney’s fees and costs or charitable ad valorem tax exemption; amending s. 196.196, F.S.; to the victim; providing for prosecution by the state attorney or the revising a criterion for use in determining whether property is being statewide prosecutor; reenacting 464.018(1)(d), F.S., relating to used for a charitable, religious, scientific, or literary purpose, to disciplinary actions for violations of the Nurse Practice Act, s. conform; amending ss. 212.0821, 403.715, 414.029, 496.404, and 564.02, 772.102(1)(a), F.S., relating to definition of “criminal activity” with F.S.; correcting references; providing an effective date. respect to the Civil Remedies for Criminal Practices Act, and s. 895.02(1)(a), F.S., relating to definition of “racketeering activity,” to First reading by publication (Art. III, s. 7, Florida Constitution). provide for incorporation of said new section in references to ch. 817, Referred to the Committee(s) on Finance & Taxation and General F.S.; providing an effective date. Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). HB 59—Withdrawn Referred to the Committee(s) on Crime & Punishment and Criminal By Representative Lynn— Justice Appropriations. HB 61—A bill to be entitled An act relating to the Florida Retirement By Representative Heyman— System; amending s. 121.055, F.S.; revising provisions with respect to HB 51—A bill to be entitled An act relating to public records; the Senior Management Service Class to remove certain contribution amending s. 119.07, F.S.; requiring that persons wishing to examine or requirements and limitations on the amount and type of retirement copy a public record must supply certain identifying information and benefits which may be provided for certain participants who opt to specifying that such requirement is a “reasonable condition”; providing participate in the optional annuity program; providing an effective date. that access to certain confidential personal information may be granted First reading by publication (Art. III, s. 7, Florida Constitution). to agencies for employment purposes; requiring such agencies to maintain the confidentiality of such information; providing an effective Referred to the Committee(s) on Governmental Operations and date. General Appropriations.

First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Constantine, Posey, and C. Green—

Referred to the Committee(s) on Governmental Operations and HB 63—A bill to be entitled An act relating to Department of Business Regulation & Consumer Affairs. Community Affairs; amending s. 20.18, F.S.; providing for the Bureau of Manufactured Housing within the Division of Housing and By Representatives Bitner, Morroni, Fasano, Wiles, Greenstein, Community Development; providing for the duties of the department Feeney, Melvin, Johnson, Russell, Dockery, Harrington, Sorensen, and with respect to certain affordable housing; transferring certain funds of Brown— the Bureau of Mobile Home and Recreational Vehicle Construction of HB 53—A bill to be entitled An act relating to the alcoholic beverage the Department of Highway Safety and Motor Vehicles to the surcharge; amending s. 561.501, F.S.; providing for the reduction and Department of Community Affairs; providing for certain interagency future repeal of the surcharge; providing an effective date. agreements; transferring a described portion of the Mobile Home and Recreational Vehicle Protection Trust Fund to the Operating Trust First reading by publication (Art. III, s. 7, Florida Constitution). Fund of the Department of Community Affairs; providing for the transfer of certain funds from the Operating Trust Fund of the Referred to the Committee(s) on Regulated Services, Finance & Department of Highway Safety and Motor Vehicles and certain funds in Taxation, and General Appropriations. the General Revenue Fund to the Operating Trust Fund of the By Representative Fuller— Department of Community Affairs; transferring certain powers, duties, and functions of the Department of Highway Safety and Motor Vehicles HB 55—A bill to be entitled An act relating to the tax on diesel fuel; relating to the regulation or licensing of mobile home installers to the amending s. 206.8745, F.S.; providing for a refund of tax paid on undyed Department of Community Affairs; amending s. 320.781, F.S.; changing diesel fuel consumed by the engine of a motor coach during idle time for the name of the Mobile Home and Recreational Vehicle Protection Trust certain purposes; defining “motor coach”; providing an effective date. Fund to the Recreational Vehicle Protection Trust Fund; deleting reference to mobile homes with respect to the fund; renaming part IV of First reading by publication (Art. III, s. 7, Florida Constitution). ch. 553, F.S., as Manufactured Building and Housing; amending s. 553.35, F.S.; renaming the “Florida Manufactured Building Act of 1979” Referred to the Committee(s) on Transportation, Finance & Taxation, as the “Florida Manufactured Building and Housing Act of 1999”; and Transportation & Economic Development Appropriations. amending s. 553.36, F.S.; providing definitions; creating s. 553.433, F.S.; By Representatives Starks, Fasano, Russell, Feeney, Kelly, and providing for factory-built housing judgment liability; amending s. Byrd— 553.38, F.S.; revising language with respect to application and scope; transferring and amending s. 320.8325(2), F.S.; providing for tie-down HB 57—A bill to be entitled An act relating to taxation; amending s. requirements, installation standards, injunctions, and penalties with 212.08, F.S.; providing an exemption from the tax on sales, use, and respect to mobile homes and park trailers; amending ss. 316.515 and other transactions for sales or leases to all organizations exempt from 627.702, F.S.; correcting cross references; providing effective dates. federal income tax under s. 501(c)(3) of the Internal Revenue Code; removing specific exemptions for military museums, homes for the aged, First reading by publication (Art. III, s. 7, Florida Constitution). nursing homes, and hospices, religious, charitable, and scientific Referred to the Committee(s) on Community Affairs, Judiciary, and institutions, state theater contract organizations, Coast Guard Transportation & Economic Development Appropriations. auxiliaries, athletic event sponsors, and the Gasparilla Distance Classic Association, and revising the exemptions for organizations providing By Representatives Starks and Dockery— special benefits to minors, veterans’ organization headquarters, educational institutions, works of art, and citizen support organizations, HB 65—A bill to be entitled An act relating to tax administration; to conform; amending s. 212.084, F.S.; providing for application of amending s. 95.091, F.S.; revising time periods within which the provisions relating to temporary exemption certificates to newly Department of Revenue and Department of Business and Professional organized organizations exempt under s. 501(c)(3); amending s. 196.195, Regulation may determine and assess the amount of any tax, penalty, 24 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 or interest due under taxes which they have authority to administer; By Representatives Diaz de la Portilla, Prieguez, Rojas, Fasano, and amending s. 213.015, F.S.; specifying additional taxpayer’s rights; Crist— creating s. 213.235, F.S.; providing for determination of the annual rate of interest applicable to tax payment deficiencies; creating s. 213.255, HB 69—A bill to be entitled An act relating to criminal liability for F.S.; providing for payment of interest on overpayments of taxes, failure to report a crime; creating s. 877.31, F.S.; requiring that a person payment of taxes not due, or taxes paid in error with respect to taxes who knows that a crime is being committed must report the crime to a administered by the Department of Revenue if refund is not made law enforcement officer, under specified circumstances if the crime within a specified period; providing requirements for refund exposes the victim to bodily injury; providing penalties; providing for applications; requiring a bond or other security under certain construction; providing an effective date. conditions; amending s. 213.34, F.S.; providing that no part of the First reading by publication (Art. III, s. 7, Florida Constitution). compensation of an employee or agent of the state performing a tax audit shall be based on amounts assessed or collected as a result of the Referred to the Committee(s) on Law Enforcement & Crime audit; amending s. 215.26, F.S.; revising the time period within which Prevention, Crime & Punishment, and Criminal Justice Appropriations. application for refund of taxes must be made; amending s. 194.192, F.S., relating to the rate of interest in judgments against taxpayers for By Representatives Stafford, Healey, Sanderson, Farkas, Murman, deficient property taxes, ss. 197.172 and 197.402, F.S., relating to the and Hafner— rate of interest on delinquent real and personal property taxes, s. HB 71—A bill to be entitled An act relating to homicide; amending ss. 193.1145, F.S., relating to the rate of interest on delinquent provisional 782.071, 782.072, F.S.; increasing the penalties imposed for committing property taxes, ss. 198.15 and 198.18, F.S., relating to the rate of the offense of vehicular homicide or vessel homicide; increasing the interest on delinquent estate taxes and taxes for which an extension is penalties imposed for committing vehicular homicide or vessel homicide granted, s. 198.155, F.S., relating to the rate of interest on delinquent and failing to give information and render aid when the offender knew, tax on generation-skipping transfers, s. 198.16, F.S., relating to the rate or should have known, that the accident occurred; amending s. of interest on deficiencies in such taxes, s. 199.282, F.S., relating to the 921.0022, F.S., relating to the Criminal Punishment Code; conforming rate of interest on delinquent intangible personal property taxes, s. references to changes made by the act; providing an effective date. 201.17, F.S., relating to the rate of interest on delinquent excise taxes on documents, and s. 203.06, F.S., relating to the rate of interest on First reading by publication (Art. III, s. 7, Florida Constitution). delinquent gross receipts taxes, to conform; reenacting s. 203.62, F.S., Referred to the Committee(s) on Law Enforcement & Crime relating to the gross receipts tax on interstate and international Prevention, Crime & Punishment, and Criminal Justice Appropriations. telecommunications services, to incorporate the amendment to s. 203.06, F.S., in a reference thereto; amending s. 206.44, F.S., relating to By Representatives Merchant, Feeney, Warner, Villalobos, Barreiro, the rate of interest on delinquent motor fuel taxes, to conform; Cantens, Andrews, Bitner, Wallace, K. Smith, Minton, Fasano, and reenacting ss. 206.06(1), 206.94, 206.97, 206.9915(3), 336.021(2)(a), and Constantine— 336.025(2)(a), F.S., relating to estimated fuel taxes, tax on diesel fuel, tax on fuel and other pollutants, the ninth-cent fuel tax on motor and HB 73—A bill to be entitled An act relating to the Department of diesel fuel, and the local option tax on motor and diesel fuel for county Labor and Employment Security; amending s. 20.171, F.S.; providing transportation systems, to incorporate the amendment to s. 206.44, F.S., that the department shall operate its programs in a decentralized in references thereto; amending s. 207.007, F.S., relating to the rate of fashion; providing for the appointment of three assistant secretaries; interest on delinquent tax on the operation of commercial motor providing for the powers and duties of such secretaries; providing for the vehicles, ss. 211.076 and 211.33, F.S., relating to the rate of interest on creation of field offices; revising divisions within the department; delinquent taxes and underpayment of estimated taxes on oil and gas amending s. 110.205, F.S.; providing that certain employees of the production and severance of minerals, and s. 212.12, F.S., relating to the department shall be in the Senior Management Service; providing that rate of interest on delinquent taxes on sales, use, and other transactions, certain actions contemplated by the act shall be done within the to conform; reenacting ss. 193.501(6)(e), 193.503(9)(b), and 193.505(8), available resources of the department; amending ss. 393.11, 400.805, F.S., relating to the interest on a deferred tax liability due upon a 410.0245, 410.604, 413.034, 413.445, 442.003, 442.014, 442.20, 553.512, change in assessment status of certain conservation or recreation land 627.0915, 627.212, and 627.311, F.S., to conform; repealing s. 442.023, or historic properties, and s. 196.1997(7), F.S., relating to the interest on F.S., to conform; providing an effective date. taxes which become due when property is no longer eligible for a historic First reading by publication (Art. III, s. 7, Florida Constitution). property tax exemption, to incorporate the amendment to s. 212.12, F.S., in references thereto; amending s. 220.807, F.S., relating to the interest Referred to the Committee(s) on Governmental Operations, rate applicable to the corporate income tax code, and s. 624.5092, F.S., Governmental Rules & Regulations, and General Government relating to the rate of interest on delinquent insurance premium taxes, Appropriations. to conform; directing the Department of Revenue to examine and report on the impact of the act; providing effective dates. By Representatives Fasano, Fiorentino, Russell, Byrd, and Murman— First reading by publication (Art. III, s. 7, Florida Constitution). HB 75—A bill to be entitled An act relating to designation of state Referred to the Committee(s) on Finance & Taxation and General properties; codesignating a portion of State Road 54 in Pasco County as Appropriations. the “State Trooper James Crooks Highway”; designating the Florida Highway Patrol substation on State Road 52 in Land O’Lakes as the By Representative Fuller— “State Trooper James Crooks Substation”; directing the Department of Transportation to erect two additional markers for the “Purple Heart HB 67—A bill to be entitled An act relating to sport shooting ranges; Highway” on State Road 54; providing an effective date. providing definitions; providing exemption from civil liability and criminal prosecution for owners and users of sport shooting ranges with First reading by publication (Art. III, s. 7, Florida Constitution). respect to noise pollution resulting from the operation of the range under certain circumstances; exempting sport shooting ranges from Referred to the Committee(s) on Transportation and Transportation specified rules; prohibiting certain nuisance actions against sport & Economic Development Appropriations. shooting ranges; providing for the continued operation of sport shooting ranges under specified circumstances; providing an effective date. By Representatives Flanagan, Crow, Wallace, Bainter, Goode, Bitner, Turnbull, and Fasano— First reading by publication (Art. III, s. 7, Florida Constitution). HB 77—A bill to be entitled An act relating to state financial matters; Referred to the Committee(s) on Crime & Punishment and Judiciary. amending s. 17.05, F.S.; specifying certain powers of the Comptroller March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 25 and the Department of Banking and Finance; providing requirements; contraceptive method prescribed or provided by a licensed practitioner; specifying procedures, rights, and requirements for enforcing amending ss. 627.651, 627.6515, and 627.6699, F.S.; providing for compliance with certain subpoenas; providing for assessing certain costs application to group coverage for multiple-employer welfare under certain circumstances; amending s. 17.076, F.S.; providing for arrangements, out-of-state groups, and small employers; providing an payment of retirement benefits by direct deposit; amending s. 20.12, effective date. F.S.; specifying purposes and duties of the Comptroller; deleting divisions of the department; amending s. 110.1165, F.S.; deleting a First reading by publication (Art. III, s. 7, Florida Constitution). reference for purposes of specifying a statute of limitations for certain purposes; specifying a time limit for filing actions to recover certain Referred to the Committee(s) on Governmental Operations, compensation; providing application; amending s. 112.061, F.S.; Insurance, Health Care Services, and General Government providing for designees of agency heads to perform specified functions; Appropriations. relating to per diem and travel expenses; amending s. 215.422, F.S.; By Representatives Cosgrove and Levine— deleting certain requirements relating to vendors and state purchasing agreements and warrants; amending s. 216.011, F.S.; revising a HB 85—A bill to be entitled An act relating to building designation; definition; amending s. 216.102, F.S.; revising duties of the Comptroller designating the courthouse of the District Court of Appeal for the Third relating to preparing and publishing certain financial information; District as the “Thomas H. Barkdull, Jr., District Courthouse”; amending s. 273.02, F.S.; revising a definition; amending s. 287.058, authorizing the Third District Court of Appeal to erect suitable markers; F.S.; specifying as public records certain documents and materials providing an effective date. relating to contracts for services; specifying an additional requirement for certain written agreements for procurement of contractual services First reading by publication (Art. III, s. 7, Florida Constitution). by the state; providing an effective date. Referred to the Committee(s) on Judiciary and Criminal Justice First reading by publication (Art. III, s. 7, Florida Constitution). Appropriations.

Referred to the Committee(s) on Financial Services, Governmental By Representatives Rayson, Valdes, Rojas, and Warner— Operations, and General Government Appropriations. HB 87—A bill to be entitled An act relating to game promotions; By Representatives Stafford and Heyman— amending s. 849.094, F.S.; redefining the terms “game promotion” and HB 79—A bill to be entitled An act relating to motor vehicle airbags; “operator” and defining the term “older individual”; prohibiting certain providing a short title; providing definitions; requiring a record of any acts in connection with game promotions and promotional materials sale, replacement, or installation of an airbag; specifying required therefor; requiring certain information to be printed on envelopes; information; providing for inspection and disclosure of such records; revising provision relating to maintenance and distribution of winner prohibiting certain activities; providing penalties; providing an effective lists; providing penalties, including increased penalties when an date. unlawful act is against an older individual; providing an effective date.

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

By Representatives Hafner, Wiles, Fasano, Brown, Betancourt, HB 89—Withdrawn Cosgrove, Ritter, L. Miller, Turnbull, Frankel, Morroni, Chestnut, Wasserman Schultz, Eggelletion, Logan, Crow, and Rayson— By Representatives Stafford and Heyman—

HB 81—A bill to be entitled An act relating to health insurance; HB 91—A bill to be entitled An act relating to controlled substances; providing a short title; amending s. 627.668, F.S.; providing that the amending s. 893.03, F.S., relating to scheduling of controlled substances current requirement for group insurers to offer coverage for mental for the purpose of penalizing unlawful acts involving controlled health conditions does not apply to serious mental illness; creating s. substances; deleting references to dextropropoxyphene in its nondosage 627.6681, F.S.; requiring group health insurers and health maintenance forms from Schedule II; adding references to propoxyphene in its organizations to provide coverage for serious mental illness; requiring nondosage forms to Schedule II; deleting references to gamma-hydroxy- benefits to be the same as for physical illness generally; requiring the butyrate from Schedule II; adding references to gamma-hydroxybutyric health benefit plan committee to consider and recommend modifications acid to Schedule II; adding references to ketamine to Schedule III; to standard, basic, and limited health benefit plans; requiring rate deleting references to dextropropoxyphene in its dosage forms from filings; providing a definition; providing rulemaking authority; Schedule IV; adding references to propoxyphene in its dosage forms to authorizing an insurer to establish certain compliance functions; Schedule IV; reenacting ss. 39.01(30)(a) and (g), 440.102(11)(b), amending ss. 627.6472, 627.6515, and 641.31, F.S., relating to exclusive 458.326(3), 465.035(2), 766.101(3)(a), 817.563, 831.31, 856.015(1)(d), provider organizations, out-of-state groups, and health maintenance 893.02(4), 893.0356(2)(a), 893.08(1)(b), 893.12(2)(b), (c), and (d), contracts; providing requirements for coverage compliance; providing an 893.13(1), (2)(a), (4), (5)(a) and (b), and (7), and 921.0022(3)(b), (c), (d), appropriation; providing a description of state interest; providing an (e), and (g), F.S., relating to child welfare, drug-free-workplace effective date. requirements, authorized medical treatment, the sale or possession of controlled substances, contraband, prohibited acts with respect to the First reading by publication (Art. III, s. 7, Florida Constitution). sale and possession of controlled substances, and the Criminal Referred to the Committee(s) on Health Care Services, Insurance, Punishment Code, to incorporate the amendments to s. 893.03, F.S., in Elder Affairs & Long-Term Care, and General Government cross-references; amending s. 893.035, F.S., relating to the delegation of Appropriations. authority to the Attorney General to control substances by rule; conforming terminology to reflect the reorganization of the Department By Representative Bloom— of Business and Professional Regulation and the creation of the Department of Health; providing an effective date. HB 83—A bill to be entitled An act relating to health care; creating the “Contraceptive Equity Act”; creating ss. 627.64061 and 627.65741, First reading by publication (Art. III, s. 7, Florida Constitution). F.S., and amending s. 641.31, F.S.; requiring certain health insurance policies and health maintenance contracts that cover drugs prescribed Referred to the Committee(s) on Health Care Licensing & Regulation, for the treatment of sexual dysfunction to provide coverage for any Crime & Punishment, and Criminal Justice Appropriations. 26 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By Representative Starks— taxes due under ch. 211, F.S., relating to tax on the severance and production of minerals; providing an effective date. HB 93—A bill to be entitled An act relating to title insurance reserve; amending s. 625.111, F.S.; providing a formula for releasing unearned First reading by publication (Art. III, s. 7, Florida Constitution). premium reserve over a period of years; providing an effective date. Referred to the Committee(s) on Business Development & First reading by publication (Art. III, s. 7, Florida Constitution). International Trade, Finance & Taxation, and General Appropriations.

Referred to the Committee(s) on Real Property & Probate, Insurance, By Representatives Pruitt, Posey, Byrd, and Argenziano— and Judiciary. HB 107—A bill to be entitled An act relating to the Administrative By Representative Cosgrove— Procedure Act; amending ss. 120.52 and 120.536, F.S.; removing entities described in ch. 298, F.S., relating to water control districts, from the HB 95—A bill to be entitled An act relating to alcoholic beverage definition of “agency”; providing that an agency’s confirmation of a licenses; amending s. 561.20, F.S.; providing for the issuance of special statutory exemption is not agency action and is not subject to provisions alcoholic beverage licenses to certain hotels and motels with fewer than relating to decisions which affect substantial interests; providing 50 rooms; providing an effective date. additional restrictions with respect to an agency’s rulemaking authority; amending s. 120.56, F.S.; revising an agency’s responsibilities First reading by publication (Art. III, s. 7, Florida Constitution). in response to a challenge to a proposed rule; amending s. 120.57, F.S., Referred to the Committee(s) on Regulated Services, Business relating to hearings involving disputed issues of material fact; revising Development & International Trade, and Finance & Taxation. an agency’s authority with respect to rejection or modification of conclusions of law in its final order; providing an effective date. By Representatives Crady, Fasano, Kilmer, and Harrington— First reading by publication (Art. III, s. 7, Florida Constitution). HB 97—A bill to be entitled An act relating to the Florida Retirement System; creating the “Keith Ward Act”; amending s. 121.021, F.S.; Referred to the Committee(s) on Water & Resource Management, including certain correctional probation officers within the Special Risk Governmental Operations, and Governmental Rules & Regulations. Class of that system; amending s. 121.0515, F.S.; specifying criteria for By Representatives Bitner, Fasano, and Constantine— inclusion of correctional probation officers in that class; providing for inclusion of probation and parole circuit and deputy circuit HB 109—A bill to be entitled An act relating to unemployment administrators in that class; providing a finding of important state compensation; amending s. 1, ch. 97-29, Laws of Florida; extending for interest; providing an effective date. an additional year a temporary reduction in certain contribution rates for specified employers; amending s. 443.101, F.S.; clarifying provisions First reading by publication (Art. III, s. 7, Florida Constitution). relating to disqualification for benefits; amending s. 443.111, F.S.; Referred to the Committee(s) on Corrections, Governmental extending for a specified period a temporary increase in the maximum Operations, and General Appropriations. weekly and yearly benefit amounts for unemployment compensation benefits; specifying benefit years; providing an effective date. By Representatives Dockery, Fasano, Alexander, C. Green, Byrd, Constantine, Putnam, and Murman— First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business Development & HB 99—A bill to be entitled An act relating to the tax on sales, use, International Trade, Insurance, Finance & Taxation, and General and other transactions; amending s. 212.08, F.S.; defining “advertising Government Appropriations. agency”; exempting the sale of advertising services by an advertising agency and certain items sold to, produced by, or sold by advertising HB 111—Withdrawn agencies and related services from the tax; providing for administration; providing for retroactive applicability in certain circumstances; By Representatives Crist, Feeney, Ball, Futch, Crady, Trovillion, providing an effective date. Merchant, Maygarden, Kyle, Thrasher, Goodlette, Ogles, Jones, Cantens, Villalobos, Logan, Flanagan, Brown, and Fasano— First reading by publication (Art. III, s. 7, Florida Constitution). HB 113—A bill to be entitled An act relating to punishment of felons; Referred to the Committee(s) on Business Development & amending s. 775.087, F.S., relating to felony reclassification and International Trade, Finance & Taxation, and General Appropriations. minimum sentence and other penalties for offenders who committed aggravated battery or committed certain acts involving a weapon, HB 101—Withdrawn firearm, or destructive device during the commission of a felony; By Representative Fasano— conforming terminology to changes made by the act; increasing from 3 to 10 years the minimum prison term for certain felonies or attempted HB 103—A bill to be entitled An act relating to husband and wife; felonies under specified circumstances when the offender possessed a creating s. 741.2105, F.S.; prohibiting marriages between persons when firearm or destructive device during the commission of the offense or one of the persons has been convicted of a capital felony for which a flight therefrom; revising the category of such offenses to include death sentence has been imposed; providing an exception; providing an murder, sexual battery, robbery, burglary, arson, aggravated assault or effective date. aggravated battery, kidnapping, escape, aircraft piracy, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, First reading by publication (Art. III, s. 7, Florida Constitution). unlawful throwing, placing, or discharging of a destructive device or bomb, carjacking, home-invasion robbery, aggravated stalking, and Referred to the Committee(s) on Judiciary and Family Law & trafficking in cannabis, trafficking in cocaine, capital importation of Children. cocaine, trafficking in illegal drugs, capital importation of illegal drugs, By Representatives Putnam, Fasano, and Byrd— trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, HB 105—A bill to be entitled An act relating to tax on sales, use, and trafficking in amphetamine, capital importation of amphetamine, other transactions; amending s. 212.08, F.S.; providing that the trafficking in flunitrazepam, or other specified violation of s. 893.135(1), exemptions for machinery and equipment used to increase productive F.S.; providing for imposition of a 20-year minimum term of output shall apply to machinery and equipment used in phosphate or imprisonment when, in addition to such circumstances, the firearm or other solid mineral severance, mining, or processing as a credit against destructive device was discharged while the person was carrying, March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 27 displaying, using, or threatening or attempting to use the firearm or By Representatives Brown, Bullard, Crist, and Heyman— destructive device; providing for imposition of a minimum term of imprisonment of not less than 25 years and not more than a term of HB 117—A bill to be entitled An act relating to education; providing imprisonment of life in prison when, in further addition to such legislative intent; amending s. 24.121, F.S.; providing for a portion of circumstances, the discharging of the firearm or destructive device lottery revenues to be used for the Teacher Learning Enhancement and resulted in infliction of death or great bodily harm upon any person; Assistance Program; creating s. 236.1222, F.S.; creating the Teacher providing for construction; providing legislative intent with respect to Learning Enhancement and Assistance Program; providing definitions; punishment of offenders who possess, carry, display, use, or threaten or providing for appropriations and deposit of funds; providing for use of attempt to use firearms or destructive devices; providing imposition of funds; providing an effective date. the minimum term of imprisonment consecutive to any other term of First reading by publication (Art. III, s. 7, Florida Constitution). imprisonment imposed; providing that the minimum term of imprisonment imposed is authorized by law regardless of the maximum Referred to the Committee(s) on Education Innovation, Regulated sentence that may be imposed for the underlying felony; increasing from Services, Education/K-12, and Education Appropriations. 8 to 15 years the minimum prison term for certain felonies or attempted felonies under specified circumstances when, during the commission of HB 119—Withdrawn the offense, the offender possessed a semiautomatic firearm and its By Representatives Crist, Fasano, Byrd, Trovillion, Ball, and Posey— high-capacity detachable box magazine or a machine gun; providing for the category of such offenses to include murder, sexual battery, robbery, HB 121—A bill to be entitled An act relating to punishment of felons; burglary, arson, aggravated assault, aggravated battery, kidnapping, creating the “Three-Strike Violent Felony Offender Act”; amending s. escape, aircraft piracy, aggravated child abuse, aggravated abuse of an 775.084, F.S., relating to sentencing of habitual felony offenders, elderly person or disabled adult, unlawful throwing, placing, or habitual violent felony offenders, and violent career criminals; discharging of a destructive device or bomb, carjacking, home-invasion redefining the terms “habitual felony offender” and “habitual violent robbery, aggravated stalking, and trafficking in cannabis, trafficking in felony offender”; revising the alternative time periods within which the cocaine, capital importation of cocaine, trafficking in illegal drugs, habitual felony offender or habitual violent felony offender could have capital importation of illegal drugs, trafficking in phencyclidine, capital committed the felony to be sentenced; providing that the felony to be importation of phencyclidine, trafficking in methaqualone, capital sentenced could have been committed either while the defendant was importation of methaqualone, trafficking in amphetamine, capital serving a prison sentence or other sentence, or within 5 years of the importation of amphetamine, trafficking in flunitrazepam, or other defendant’s release from a prison sentence, probation, community specified violation of s. 893.135(1); providing for imposition of a 20-year control, or other sentence, under specified circumstances when the minimum term of imprisonment when, in addition to such sentence was imposed as a result of a prior conviction for a felony, circumstances, the semiautomatic firearm and its high-capacity enumerated felony, or other qualified offense; removing certain detachable box magazine or a machine gun was discharged while the references to “commitment” and otherwise conforming terminology; person was carrying, displaying, using, or threatening or attempting to revising criteria for a prior conviction or a prior felony for purposes of use the semiautomatic firearm and its high-capacity detachable box sentencing as a habitual felony offender, habitual violent offender, or magazine or a machine gun; providing for imposition of a minimum term violent career criminal; providing that the placing of a person on of imprisonment of not less than 25 years and not more than a term of probation without an adjudication of guilt shall be treated as a prior imprisonment of life in prison when, in further addition to such conviction regardless of when the subsequent offense was committed; circumstances, the discharging of the semiautomatic firearm and its removing certain requirements that, in order to be counted as a prior high-capacity detachable box magazine or a machine gun resulted in felony, the felony must have resulted in prior conviction sentenced infliction of death or great bodily harm upon any person; providing for separately from any other felony conviction counted as a prior felony; construction; providing legislative intent with respect to punishment of defining “three-time violent felony offender”; providing a category of offenders who possess, carry, display, use, or threaten or attempt to use enumerated felony offenses within the definition, including arson, a semiautomatic firearm and its high-capacity detachable box magazine sexual battery, robbery, kidnapping, aggravated child abuse, or a machine gun; providing for imposition of the minimum term of aggravated abuse of an elderly person or disabled adult, aggravated imprisonment consecutive to any other term of imprisonment imposed; assault, murder, manslaughter, aggravated manslaughter of an elderly providing that the minimum term of imprisonment imposed is person or disabled adult, aggravated manslaughter of a child, unlawful authorized by law regardless of the maximum sentence that may be throwing, placing, or discharging of a destructive device or bomb, armed imposed for the underlying felony; providing for legislative policy and burglary, aggravated battery, aggravated stalking, or certain qualified intent; providing for a report; reenacting s. 921.0022(2), F.S., relating to offenses; requiring the court to sentence a defendant as a three-time the Criminal Punishment Code offense severity ranking chart, s. violent felony offender and impose certain mandatory minimum terms 921.0024(1)(b), F.S., relating to Florida Criminal Punishment Code of imprisonment under specified circumstances when the defendant is worksheet computations and key, and s. 947.146(3)(b), F.S., relating to to be sentenced for committing, or conspiring or attempting to commit, Control Release Authority, to incorporate said amendment in any of the enumerated felony offenses and the defendant has previously references; providing for public service announcements with respect to been convicted of committing, or conspiring or attempting to commit, the penalties provided in the act; providing an effective date. any two of the enumerated felony offenses; providing penalties; providing procedures and criteria for court determination if the First reading by publication (Art. III, s. 7, Florida Constitution). defendant is a three-time violent felony offender; providing for sentencing as a three-time violent felony offender; providing mandatory Referred to the Committee(s) on Crime & Punishment, Corrections, term of imprisonment for life when the three-time violent felony offense and Criminal Justice Appropriations. for which the defendant is to be sentenced is a felony punishable by life; providing mandatory prison term of 30 years when the three-time By Representatives Brown, Kilmer, Levine, Trovillion, and Byrd— violent felony offense is a first degree felony; providing mandatory prison term of 15 years when the three-time violent felony offense is a HB 115—A bill to be entitled An act relating to husband and wife; second degree felony; providing mandatory prison term of 5 years when providing that a husband and wife are jointly and severally liable for the three-time violent felony offense is a third degree felony; providing certain debts and necessaries; providing an effective date. for construction; providing that certain sentences imposed before July 1, First reading by publication (Art. III, s. 7, Florida Constitution). 1999, are not subject to s. 921.002, F.S., relating to the Criminal Punishment Code; requiring a three-time violent felony offender to Referred to the Committee(s) on Family Law & Children, Judiciary, serve 100 percent of the court-imposed sentence; providing for Children & Families, Governmental Rules & Regulations, and Criminal ineligibility of a three-time violent felony offender for parole, control Justice Appropriations. release, or early release; amending ss. 784.07 and 784.08, F.S.; 28 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 providing minimum terms of imprisonment for persons convicted of harassment or embarrassment; providing for the court to ensure that aggravated assault or aggravated battery of a law enforcement officer or questions are stated in a form appropriate to the witness’s age and a person 65 years of age or older; amending s. 790.235, F.S., relating to understanding and to forbid certain questions upon objection by a party; prohibitions against, and penalties for, unlawful possession or other providing an effective date. unlawful acts involving firearm, electric weapon or device, or concealed First reading by publication (Art. III, s. 7, Florida Constitution). weapon by a violent career criminal; conforming cross references to changes made by the act; creating s. 794.0115, F.S.; defining “repeat Referred to the Committee(s) on Family Law & Children and sexual batterer”; providing within the definition a category of Judiciary. enumerated felony offenses in violation of s. 794.011, F.S., relating to sexual battery; requiring the court to sentence a defendant as a repeat HB 131—Withdrawn sexual batterer and impose a 10-year mandatory minimum term of By Representatives Goodlette, Fasano, and Byrd— imprisonment under specified circumstances when the defendant is to be sentenced for committing, or conspiring or attempting to commit, any HB 133—A bill to be entitled An act relating to shareholder voting; of the enumerated felony violations of s. 794.011, F.S., and the amending s. 607.0722, F.S.; providing an alternative method for defendant has previously been convicted of committing, or conspiring or appointment of proxies; providing requirements; amending s. attempting to commit, any one of certain enumerated felony offenses 607.11045, F.S.; clarifying a condition for formation of a holding involving sexual battery; providing penalties; providing procedures and company by merger of certain corporations without a shareholder vote; criteria for court determination if the defendant is a repeat sexual providing an effective date. batterer; providing for sentencing as a repeat sexual batterer; providing First reading by publication (Art. III, s. 7, Florida Constitution). for construction; amending s. 794.011, F.S., to conform references to changes made by the act; providing an effective date. Referred to the Committee(s) on Financial Services and Business Regulation & Consumer Affairs. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Levine, Fasano, Bense, Greenstein, Patterson, Referred to the Committee(s) on Crime & Punishment, Corrections, Minton, L. Miller, Cosgrove, Heyman, C. Smith, and Jacobs— and Criminal Justice Appropriations. HB 135—A bill to be entitled An act relating to controlled substances; By Representatives Wasserman Schultz, Jones, Pruitt, Arnall, amending s. 893.13, F.S.; correcting a misplaced statutory provision Brown, Detert, Fasano, Bradley, Cosgrove, Kelly, Logan, Healey, relating to the unlawful sale or possession of a controlled substance Ritchie, Crist, Farkas, Frankel, L. Miller, Gottlieb, Peaden, Greenstein, within a specified area surrounding a child care facility; providing that Ritter, Byrd, Heyman, C. Green, Casey, and Hart— certain enhanced penalties do not apply unless the owner or operator of the facility posts a sign identifying the facility as a child care facility; HB 123—A bill to be entitled An act relating to the Florida providing an effective date. Retirement System; amending s. 121.021, F.S.; redefining the term “special risk member”; amending s. 121.0515, F.S.; adding to the Special First reading by publication (Art. III, s. 7, Florida Constitution). Risk Class of membership certain emergency medical technicians and Referred to the Committee(s) on Crime & Punishment, Corrections, paramedics; providing legislative intent; providing an effective date. and Criminal Justice Appropriations.

First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Bloom and Fiorentino— Referred to the Committee(s) on Governmental Operations, HB 137—A bill to be entitled An act relating to offenses involving use Community Affairs, and General Appropriations. or possession of firearms by minors; amending s. 790.22, F.S.; relating By Representatives Alexander, Fasano, and Murman— to certain offenses involving use or possession of a firearm by a minor or offenses during the commission of which the minor possessed a HB 125—A bill to be entitled An act relating to candidates for public firearm; providing that possession of a firearm by a minor in violation office; amending s. 99.012, F.S.; requiring a subordinate officer, deputy of specified provisions constitutes a felony of the third degree instead of sheriff, or police officer seeking public office to resign or take a leave of a misdemeanor of the first degree; authorizing secure detention for a absence, depending on certain circumstances relating to the office specified period; providing or revising penalties for specified offenses; sought; providing an effective date. requiring secure detention for specified periods, or increasing detention periods imposed, for commission of specified initial, second, or First reading by publication (Art. III, s. 7, Florida Constitution). subsequent offenses; providing for performance of community service in a manner involving a hospital emergency room or other medical Referred to the Committee(s) on Election Reform and Governmental environment dealing on a regular basis with trauma patients and Operations. gunshot wounds; providing that the minor offender may not receive credit for time served before adjudication of certain offenses; reenacting By Representatives Crady, Goode, Trovillion, Melvin, Bainter, Kelly, ss. 943.051(3)(b) and 985.212(1)(b), F.S., relating to criminal justice Ball, Fasano, Bronson, Wiles, Hill, Maygarden, Futch, Fuller, Casey, information and fingerprinting, and s. 985.215(2), F.S., relating to and Harrington— detention, to incorporate said amendment in references; providing an effective date. HB 127—A bill to be entitled An act relating to specialty license plates; amending ss. 320.08056 and 320.08058, F.S.; providing for a First reading by publication (Art. III, s. 7, Florida Constitution). United States Marine Corps specialty license plate; providing fees; providing for the disposition of fees; providing an effective date. Referred to the Committee(s) on Juvenile Justice, Crime & Punishment, and Criminal Justice Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Heyman, Bloom, Ritter, Villalobos, Healey, Referred to the Committee(s) on Transportation and Finance & Morroni, Ogles, Kelly, Stafford, Futch, Warner, Trovillion, Bainter, Taxation. Valdes, Brown, Jacobs, Greenstein, Cosgrove, Betancourt, L. Miller, Henriquez, Effman, Gottlieb, Boyd, Turnbull, Frankel, Wilson, By Representative Dennis— Wasserman Schultz, Kosmas, Goode, Lawson, Levine, Rojas, Ritchie, Crady, Dennis, Sublette, Rayson, Dockery, Edwards, Crist, Roberts, HB 129—A bill to be entitled An act relating to the Florida Evidence Melvin, and Byrd— Code; amending s. 90.612, F.S., relating to mode and order of interrogation of witnesses and presentation of evidence; providing for HB 139—A bill to be entitled An act relating to motor vehicle licenses; the court to protect a witness under 14 years of age from undue amending s. 320.06, F.S.; eliminating the requirement that a permanent March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 29 validation sticker be issued in connection with each license plate and attorney to deny the admission of a defendant to a pretrial substance revising requirements relating to the annual validation sticker; abuse education and treatment intervention program if the defendant requiring that an annual validation decal be issued in connection with has rejected any prior offer of admission to such program; providing an each license plate in addition to the annual validation sticker; providing effective date. exemptions; amending ss. 320.03 and 320.031, F.S.; providing for issuance of decals by tax collectors and delivery of decals by mail; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 320.061, F.S.; providing a penalty for altering a decal; amending s. 320.07, F.S.; providing penalties for operating a motor Referred to the Committee(s) on Crime & Punishment, Corrections, vehicle without a current decal; amending s. 320.071, F.S.; providing for and Criminal Justice Appropriations. issuance of decals as part of the advance registration renewal process; providing a penalty; amending s. 320.26, F.S.; providing a penalty for By Representative Futch— counterfeiting decals; amending s. 320.261, F.S.; providing a penalty for attaching a decal to a vehicle to which the decal was not assigned; HB 149—A bill to be entitled An act relating to the Secretary of State; amending ss. 320.04, 320.0607, 320.0657, 320.084, 320.10, and creating s. 15.051, F.S.; designating the Florida Scrub Jay as the official 921.0022, F.S., relating to service charges, replacement plates and state bird; providing an effective date. decals, fleet license plates, disabled veterans’ license plates, licensing of exempt vehicles, and an offense severity ranking chart, to conform; First reading by publication (Art. III, s. 7, Florida Constitution). providing an effective date. Referred to the Committee(s) on Water & Resource Management, First reading by publication (Art. III, s. 7, Florida Constitution). Governmental Operations, and General Government Appropriations. Referred to the Committee(s) on Transportation, Law Enforcement & HB 151—Withdrawn Crime Prevention, Finance & Taxation, and Transportation & Economic Development Appropriations. By Representatives Wallace, Fasano, Logan, C. Smith, Putnam, Rojas, Sanderson, Levine, Valdes, Brown, Fuller, Kilmer, C. Green, By Representatives Russell, Byrd, Feeney, Bense, Argenziano, Henriquez, Bense, Posey, Futch, Feeney, Trovillion, Ritter, Eggelletion, Putnam, Fasano, Waters, Cantens, Valdes, Alexander, Jones, Sorensen, Lynn, Effman, Rayson, Johnson, Betancourt, Lacasa, Sobel, Greenstein, Hart, Wallace, Flanagan, Goodlette, Fiorentino, Murman, and Alexander, Dockery, Byrd, Melvin, Bush, Prieguez, Garcia, Heyman, Harrington— Stafford, Diaz de la Portilla, Bainter, Stansel, Ogles, Murman, Morroni, HB 141—A bill to be entitled An act relating to operations of law Waters, A. Greene, Spratt, Cantens, L. Miller, K. Smith, Kosmas, enforcement agencies; prohibiting a person from initiating, or Cosgrove, J. Miller, Casey, Sublette, Roberts, Wilson, Jacobs, Gottlieb, attempting to initiate, contact with any person who is directly involved Andrews, Patterson, and Bullard— in the mobilization, deployment, or tactical operations of a law enforcement agency, including the commission of a kidnapping or other HB 153—A bill to be entitled An act relating to tax on sales, use, and incident involving the taking or holding of hostages; prohibiting a other transactions; amending s. 212.05, F.S.; reducing the rate of the tax person from broadcasting to the public a live audio or video transmission on charges for telecommunication service and for electrical power or of the tactical operations of a law enforcement agency; providing a energy; amending s. 212.12, F.S., to conform; providing an effective date. penalty; providing that a person may initiate, or attempt to initiate, contact with a person involved in the operations of a law enforcement First reading by publication (Art. III, s. 7, Florida Constitution). agency, or may broadcast a live transmission of tactical law enforcement Referred to the Committee(s) on Utilities & Communications, Finance operations, upon the express authorization of the agency or upon the completion of the operations; providing an effective date. & Taxation, and General Appropriations.

First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Argenziano, Fasano, and Kosmas— Referred to the Committee(s) on Law Enforcement & Crime HB 155—A bill to be entitled An act relating to a refund of excess Prevention, Judiciary, and Criminal Justice Appropriations. utility payments; requiring the Comptroller to provide a refund to certain utility customers who paid more under a uniform rate structure By Representatives Valdes, Cantens, Feeney, Fasano, and Byrd— than those customers would have paid under a modified stand-alone HB 143—A bill to be entitled An act relating to education; providing rate structure; requiring the Public Service Commission to notify utility for a pilot scholarship program in Dade County; providing for eligibility customers who are eligible for a refund; providing requirements for and amount of scholarships; providing program requirements; requiring applying for a refund; requiring the Comptroller to verify eligibility for annual reports and evaluations; providing an effective date. a refund; providing for the refund of utility payments to be funded from the Public Service Commission Regulatory Trust Fund; providing an First reading by publication (Art. III, s. 7, Florida Constitution). appropriation; providing an effective date.

Referred to the Committee(s) on Education Innovation, Education/ First reading by publication (Art. III, s. 7, Florida Constitution). K-12, and Education Appropriations. Referred to the Committee(s) on Utilities & Communications, Finance By Representative Effman— & Taxation, and Transportation & Economic Development HB 145—A bill to be entitled An act relating to child support; Appropriations. amending s. 61.30, F.S.; requiring a court under certain circumstances By Representative Posey— to base a determination of child support amounts on the proportionate amount of time the children are required to spend with each parent each HB 157—A bill to be entitled An act relating to law enforcement and year; providing an effective date. correctional officers; amending s. 112.532, F.S.; providing an exception First reading by publication (Art. III, s. 7, Florida Constitution). to the requirement of informing the officer under investigation of the name of all complainants; providing that nothing in the section shall Referred to the Committee(s) on Family Law & Children and limit the right of a law enforcement or correctional agency to discipline Judiciary. or pursue criminal charges against an officer; amending s. 112.533, F.S.; By Representatives Alexander, Putnam, Fasano, and Dockery— revising provisions with respect to the receipt and processing of complaints to provide for certain recorded statements; providing for the HB 147—A bill to be entitled An act relating to pretrial intervention agency head to act in the capacity of complainant under certain programs; amending s. 948.08, F.S.; authorizing the court or state circumstances; amending s. 112.534, F.S.; providing a penalty for failure 30 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 to comply with part VI of chapter 112, F.S.; providing definitions; issue a special alcoholic beverage license to the Board of Directors of the providing an effective date. Dunedin Fine Art Center, Inc., for use at the center; providing definitions; providing for the transfer and reverter of the license; First reading by publication (Art. III, s. 7, Florida Constitution). prohibiting the package sale of alcoholic beverages for consumption off the premises; providing an effective date. Referred to the Committee(s) on Law Enforcement & Crime Prevention and Governmental Operations. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Bitner, Constantine, and Fasano— Referred to the Committee(s) on Regulated Services and General Government Appropriations. HB 159—A bill to be entitled An act relating to ex parte communications; amending s. 350.042, F.S.; providing for ex parte By Representative Turnbull— communications between members of the Legislature and the Public HB 169—A bill to be entitled An act relating to the Treasurer; Service Commission; providing for members of the Legislature to amending ss. 18.125 and 112.215, F.S.; providing that fees contributed address the commission at certain meetings; providing an effective date. by participants in the Government Employees’ Deferred Compensation Plan Act shall not be included in the unencumbered balance of a certain First reading by publication (Art. III, s. 7, Florida Constitution). trust fund maintained by the Treasurer; providing an effective date. Referred to the Committee(s) on Utilities & Communications and First reading by publication (Art. III, s. 7, Florida Constitution). Judiciary. Referred to the Committee(s) on Governmental Operations, Financial By Representatives Crady, Feeney, and Harrington— Services, and General Government Appropriations.

HB 161—A bill to be entitled An act relating to weapons and firearms; By Representatives Turnbull, Wiles, Stafford, Heyman, and Ritter— amending s. 790.06, F.S.; exempting certain retired law enforcement officers from the fees imposed by the Department of State for a license HB 171—A bill to be entitled An act relating to campaign financing; to carry a concealed weapon or firearm; providing an effective date. amending s. 106.011, F.S.; revising the definition of the term “political advertisement”; amending s. 106.021, F.S.; eliminating a provision that First reading by publication (Art. III, s. 7, Florida Constitution). authorizes the unrestricted expenditure of funds for the purpose of jointly endorsing three or more candidates; amending s. 106.087, F.S., Referred to the Committee(s) on Law Enforcement & Crime relating to restrictions on independent expenditures, to eliminate a Prevention, Finance & Taxation, and Transportation & Economic similar provision, to conform; amending s. 106.08, F.S.; providing limits Development Appropriations. on contributions to political parties; revising limits on contributions to candidates by political parties; providing penalties; amending ss. By Representative Crist— 106.087 and 106.29, F.S.; correcting cross references, to conform; reenacting s. 106.19(1)(a), F.S., relating to penalties applicable to HB 163—A bill to be entitled An act relating to local government code acceptance of contributions in excess of limits provided by law, to enforcement; amending s. 162.03, F.S.; specifying the status of special incorporate the amendment to s. 106.08, F.S., in a reference thereto; masters; amending s. 162.04, F.S.; revising a definition; amending s. providing an effective date. 162.06, F.S.; requiring owners of property subject to enforcement proceedings to provide disclosure and notice to prospective transferors First reading by publication (Art. III, s. 7, Florida Constitution). under certain circumstances; providing a rebuttable presumption; providing for continuation of enforcement proceedings under certain Referred to the Committee(s) on Election Reform, Governmental circumstances; providing procedures; amending s. 162.09, F.S.; Operations, Law Enforcement & Crime Prevention, and Judiciary. specifying that certain actions taken by a local government do not create HB 173—Withdrawn continuing obligations or liabilities under certain circumstances; clarifying enforcement of orders imposing certain fines or costs; HB 175—Withdrawn amending s. 162.12, F.S.; revising prescribed methods for providing certain notices; clarifying the time period for posting certain notices; By Representative Argenziano— amending s. 162.23, F.S.; providing an additional exception to HB 177—A bill to be entitled An act relating to onsite sewage requirements to provide reasonable time to correct violations under treatment and disposal systems; amending s. 381.0066, F.S.; reducing certain circumstances; providing an effective date. annual operating permit fees for aerobic treatment units; eliminating the annual aerobic treatment unit maintenance entity permit fee; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 381.0065, F.S.; correcting a cross reference; providing an Referred to the Committee(s) on Community Affairs, Real Property & effective date. Probate, and Judiciary. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Heyman— Referred to the Committee(s) on Health Care Licensing & Regulation, Community Affairs, and General Government Appropriations. HB 165—A bill to be entitled An act relating to the Beverage Law; amending ss. 562.11, 562.111, F.S.; providing an exemption for giving or By Representative Dennis— serving to certain underage students alcoholic beverages that are delivered as part of a required curriculum at an accredited college; HB 179—A bill to be entitled An act relating to community colleges; providing an exemption for the possession of alcoholic beverages by providing an appropriation to the Commissioner of Education to enter underage students in specified circumstances; providing an effective into an agreement with the Southern Regional Education Board to date. support a “Compact for Faculty Diversity Program” to increase the number of minority personnel holding doctoral degrees in selected First reading by publication (Art. III, s. 7, Florida Constitution). Florida community colleges; providing for scholarships; establishing a process for selection of community college and minority participants; Referred to the Committee(s) on Colleges & Universities, Judiciary, providing requirements of doctoral candidates; requiring service or and Regulated Services. repayment; requiring rules; providing an effective date.

By Representative Morroni— First reading by publication (Art. III, s. 7, Florida Constitution). HB 167—A bill to be entitled An act relating to alcoholic beverage Referred to the Committee(s) on Community Colleges & Career Prep, licenses; authorizing the Division of Alcoholic Beverages and Tobacco to Colleges & Universities, and Education Appropriations. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 31

By Representatives Diaz de la Portilla and Jacobs— By Representatives Gay and Byrd—

HB 181—A bill to be entitled An act relating to automatic teller HB 195—A bill to be entitled An act relating to housing; creating s. machine transaction surcharges; creating s. 655.966, F.S.; prohibiting 196.1978, F.S.; providing that property used to provide housing for low- financial institutions from imposing surcharges on transactions at income and very-low-income persons under ch. 420, F.S., and owned by automatic teller machines; providing an effective date. certain nonprofit corporations, is exempt from ad valorem taxation; providing for retroactive application; creating ss. 220.185 and 420.5093, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; creating the State Housing Tax Credit Program; providing Referred to the Committee(s) on Financial Services and General legislative findings and policy; providing definitions; providing for a Government Appropriations. credit against the corporate income tax in an amount equal to a percentage of the eligible basis of certain housing projects; providing a By Representatives Fasano and Fiorentino— limitation; providing for allocation of credits and administration by the HB 183—A bill to be entitled An act relating to sexual battery; Florida Housing Finance Corporation; providing for an annual plan; amending s. 775.085, F.S.; reclassifying penalties relating to offenses providing application procedures; providing that neither tax credits nor evidencing prejudice; amending s. 794.023, F.S.; reclassifying penalties financing generated thereby shall be considered income for ad valorem for offenses involving multiple perpetrators of sexual battery; providing tax purposes; providing for recognition of certain income by the property an effective date. appraiser; amending s. 420.503, F.S.; providing that certain projects shall qualify as housing for the elderly for purposes of certain loans First reading by publication (Art. III, s. 7, Florida Constitution). under the State Apartment Incentive Loan Program, and shall qualify Referred to the Committee(s) on Crime & Punishment, Corrections, as a project targeted for the elderly in connection with allocation of low- and Criminal Justice Appropriations. income housing tax credits and with the HOME program under certain conditions; amending s. 420.5087, F.S.; directing the Florida Housing By Representatives Kelly, Fasano, Goodlette, Harrington, and Finance Corporation to adopt rules for the equitable distribution of Wiles— certain unallocated funds under the State Apartment Incentive Loan Program; providing effective dates. HB 185—A bill to be entitled An act relating to grandparents’ visitation rights; amending s. 752.01, F.S.; providing additional grounds First reading by publication (Art. III, s. 7, Florida Constitution). for the award of visitation rights to grandparents; providing additional grounds for the court to consider in determining the best interest of the Referred to the Committee(s) on Community Affairs, Finance & child with respect to the award of visitation to the grandparents; Taxation, and Transportation & Economic Development providing criteria for the court to consider in determining whether Appropriations. granting visitation to the grandparents will materially harm the parent- child relationship; providing an effective date. By Representatives Byrd and Roberts—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 197—A bill to be entitled An act relating to adoption; amending ss. 39.802, 39.806, 39.811, F.S., relating to the petition and grounds for Referred to the Committee(s) on Family Law & Children and terminating parental rights and powers of disposition; removing Judiciary. provisions authorizing licensed child-placing agencies to file actions to terminate parental rights; amending s. 39.812, F.S.; providing HB 187—Withdrawn additional requirements for a petition for adoption; prohibiting filing By Representative Lawson— such petition until the order terminating parental rights is final; amending s. 63.022, F.S.; revising legislative intent with respect to HB 189—A bill to be entitled An act relating to postsecondary adoptions in this state; amending s. 63.032, F.S.; revising definitions; education; creating s. 240.64, F.S.; authorizing a college of law under the defining the term “adoption entity”; creating s. 63.037, F.S.; exempting auspices of Florida Agricultural and Mechanical University; providing adoption proceedings that result from a termination of parental rights authority to accept grants and other available funds; providing an under ch. 39, F.S., from certain provisions of ch. 63, F.S.; creating s. effective date. 63.038, F.S.; providing criminal penalties for committing certain First reading by publication (Art. III, s. 7, Florida Constitution). fraudulent acts; creating s. 63.039, F.S.; providing sanctions and an award of attorney’s fees under certain circumstances; amending s. Referred to the Committee(s) on Colleges & Universities and 63.052, F.S.; providing for placement of a minor pending adoption; Education Appropriations. specifying the jurisdiction of the court over a minor who has been placed for adoption; amending s. 63.062, F.S.; specifying additional persons By Representative Lawson— who must consent to an adoption, execute an affidavit of nonpaternity, HB 191—A bill to be entitled An act relating to the naming of state or receive notice of proceedings to terminate parental rights; permitting buildings and other facilities; amending s. 267.062, F.S.; prohibiting the an affidavit of nonpaternity under certain circumstances; amending s. naming of any state building, road, bridge, park, recreational complex, 63.082, F.S.; revising requirements for executing a consent to an or other similar facility for any elected public official in office or any adoption; providing a time period for withdrawing consent; providing other living person; providing an effective date. additional disclosure requirements; amending s. 63.085, F.S.; specifying information that must be disclosed to persons seeking to adopt a minor First reading by publication (Art. III, s. 7, Florida Constitution). and to the birth parents; creating s. 63.087, F.S.; requiring that a separate proceeding be conducted by the court to determine whether a Referred to the Committee(s) on Governmental Operations. birth parent’s parental rights should be terminated; providing for rules, By Representative Lawson— jurisdiction, and venue for such proceedings; providing requirements for the petition and hearing; creating s. 63.088, F.S.; providing HB 193—A bill to be entitled An act relating to public records; requirements for identifying and locating a person who is required to amending s. 447.605, F.S.; providing for disclosure of certain identifying consent to an adoption or receive notice of proceedings to terminate information about a public employee which is exempt from public parental rights; providing requirements for the notice; providing records requirements to the employee’s certified bargaining agent under requirements for conducting a diligent search for such person whose certain conditions; providing an effective date. location is unknown; requiring that an unlocated or unidentified person be served notice by constructive service; providing that failure to First reading by publication (Art. III, s. 7, Florida Constitution). respond or appear constitutes grounds to terminate parental rights Referred to the Committee(s) on Governmental Operations, Business pending adoption; creating s. 63.089, F.S.; providing procedures for the Development & International Trade, and Judiciary. proceeding to terminate parental rights pending adoption; specifying 32 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 the matters to be determined; specifying grounds upon which parental activities; requiring an assessment of expenditures for professional rights may be terminated; providing for procedures following a development; amending s. 236.0811, F.S.; providing requirements for judgment; providing for records to be made part of the subsequent educational training for support staff; providing for additional days of adoption; amending s. 63.092, F.S.; providing requirements to be met if inservice training; providing an effective date. a prospective placement in an adoptive home is an at-risk placement; defining at-risk placement; amending s. 63.097, F.S.; revising First reading by publication (Art. III, s. 7, Florida Constitution). requirements for the court in approving specified fees and costs; Referred to the Committee(s) on Education/K-12, Governmental Rules amending s. 63.102, F.S.; revising requirements for filing a petition for & Regulations, and Education Appropriations. adoption; providing requirements for prior approval of fees and costs; amending s. 63.112, F.S.; revising requirements for the information that By Representatives Murman, Fasano, Sanderson, and C. Green— must be included in a petition for adoption; amending s. 63.122, F.S.; revising the time requirements for hearing a petition for adoption; HB 205—A bill to be entitled An act relating to delinquent acts or amending s. 63.125, F.S., relating to the final home investigation; criminal offenses committed by juveniles; amending s. 90.610, F.S., conforming provisions to changes made by the act; amending s. 63.132, relating to conviction of certain crimes as impeachment; providing that F.S.; revising requirements for the report of expenditures and receipts certain adjudications of delinquency are admissible into evidence for which is filed with the court; amending s. 63.142, F.S.; specifying impeachment purposes; providing an exception; amending s. 921.0021, circumstances under which a judgment terminating parental rights F.S.; redefining the term “prior record” with respect to specified pending adoption is voidable; providing for an evidentiary hearing to provisions relating to sentencing; providing for scoring as adult offenses determine the minor’s placement following a motion to void such a of an offender’s prior juvenile offenses that would be crimes if committed judgment; amending s. 63.152, F.S.; requiring that the clerk of the court by an adult; amending s. 943.0515, F.S., relating to retention of criminal mail a copy of a new birth record to the state registry of adoption history records of minors; providing for an minor offender’s criminal information; amending s. 63.165, F.S.; requiring that a copy of the history record of forcible or nonforcible felonies to be merged and certified statement of final decree of adoption be included in the state retained as a part of the person’s adult criminal history record, under registry of adoption information; requiring that the Department of specified circumstances; amending s. 985.03, F.S.; defining “violation of Children and Family Services maintain such information for a specified supervision” with respect to specified provisions relating to delinquency; period; amending s. 63.182, F.S.; requiring that an action to vacate an amending s. 985.04, F.S., relating to oaths, records, and confidential order of adoption or an order terminating parental rights pending information; providing for public disclosure of orders of disposition and adoption be filed within a specified period after entry of the order; criminal history records showing juvenile offenses charged and their amending s. 63.207, F.S.; revising provisions that limit the placement of resolution; providing for a withholding of an adjudication of delinquency a minor in another state for adoption; amending s. 63.212, F.S., relating or an adjudication of guilt to be considered a conviction for certain to prohibitions and penalties with respect to adoptions; conforming purposes relating to disclosure of the records; reenacting s. 985.31(4)(k), provisions to changes made by the act; repealing s. 63.072, F.S., relating F.S., relating to serious or habitual juvenile offenders, to incorporate to persons who may waive required consent to an adoption; requiring said amendment in a reference; amending s. 985.05, F.S., relating to that a petition for adoption be governed by the law in effect at the time court records; providing for nonapplicability of certain recordkeeping the petition is filed; providing an effective date. requirements to nonconfidential juvenile history records; providing for First reading by publication (Art. III, s. 7, Florida Constitution). admissibility in other civil or criminal proceedings of certain court records of juvenile proceedings; providing for merger of a defendant’s Referred to the Committee(s) on Family Law & Children and Health record of prior delinquent acts with the defendant’s adult record, under & Human Services Appropriations. specified circumstances; amending s. 985.201, F.S.; correcting a cross reference for purposes of application to terms of certain restitution By Representatives Waters and Fasano— orders; amending s. 985.21, F.S.; deleting an authorization for a juvenile probation officer to make certain recommendations to the state HB 199—A bill to be entitled An act relating to trespass upon the attorney; clarifying certain contents of intake reports; requiring the grounds or facilities of a school; renumbering and amending s. 228.091, State Attorney and Department of Juvenile Justice district managers to F.S.; providing for the offense of trespass upon the grounds or facilities enter into certain interagency agreements for certain purposes; of a school to apply to a trespass upon the grounds or facilities of a amending s. 985.211, F.S., relating to release or delivery from custody; nonpublic school; defining the term “school property”; providing an providing for reference to violation of supervision in certain written effective date. reports or probable cause affidavits; amending s. 985.225, F.S.; First reading by publication (Art. III, s. 7, Florida Constitution). requiring transfer certain felony cases relating to certain children to adult court for prosecution as an adult; providing for application of Referred to the Committee(s) on Judiciary and Crime & Punishment. certain penalties certain felony cases under certain circumstances; amending s. 985.226, F.S., relating to criteria for discretionary waiver By Representatives Byrd, Fasano, Kilmer, Casey, and Feeney— and mandatory waiver of juvenile court jurisdiction; providing for the HB 201—A bill to be entitled An act relating to tax on sales, use, and state attorney to file motion requesting the court to transfer a child of other transactions; specifying a period during which the sale of clothing at least 14 years of age for criminal prosecution, under specified shall be exempt from such tax; defining “clothing”; providing exceptions; circumstances; providing for exceptions; requiring transfer certain authorizing the Department of Revenue to adopt rules; providing an felony cases relating to certain children to adult court for prosecution as appropriation; providing an effective date. an adult; providing for application of certain penalties certain felony cases under certain circumstances; amending s. 985.227, F.S., relating First reading by publication (Art. III, s. 7, Florida Constitution). to discretionary direct-file criteria and mandatory direct-file criteria; permitting the filing of an information when a child was 14 or 15 years Referred to the Committee(s) on Governmental Rules & Regulations, of age at the time the child attempted to commit any one of specified Finance & Taxation, and General Appropriations. offenses; revising the list of specified offenses to include certain By Representatives Posey and Russell— additional offenses; requiring the state attorney to file an information for certain illegal acts when the child committing the act is at least 16 HB 203—A bill to be entitled An act relating to personnel of the school years of age and has a specified history of delinquent acts; revising system; creating s. 231.315, F.S.; providing for the establishment of duties of the court and guidelines for transfer of cases pertaining to the model peer assistance and review programs; providing minimum child when a child is transferred for adult prosecution; providing for standards; providing for technical assistance and allocations; amending application of certain penalties in certain felony cases; removing s. 231.600, F.S., relating to the School Community Professional requirement for annual updating by state attorney of direct-file policies Development Act; including additional professional development and guidelines; providing that the information filed pursuant to March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 33 specified provisions may include all charges which are based on the health maintenance organization that offers major medical coverage to same act, criminal episode, or transaction as the primary offense; include coverage for treating autism spectrum disorder; defining the amending s. 985.228, F.S.; specifying disqualification for possessing a term “autism spectrum disorder”; authorizing an insurer or health firearm until a certain age for persons adjudicated delinquent for maintenance organization to confirm a diagnosis or review the certain felony offenses; amending s. 790.23, F.S.; limiting a prohibition appropriateness of a treatment plan; providing that the act does not against possession of firearms or weapons by certain persons under affect the licensure of a health care professional or impair the right to certain circumstances; amending s. 985.231, F.S.; excluding aftercare reimbursement of a health care provider; providing an effective date. from certain disposition provisions; revising powers of disposition in delinquency cases; conforming references; providing for exceptions to First reading by publication (Art. III, s. 7, Florida Constitution). conform to changes made by the act; amending s. 985.233, F.S., relating to sentencing powers, procedures, and dispositional alternatives for Referred to the Committee(s) on Insurance, Health Care Services, and juveniles prosecuted as adults; revising sentencing alternatives in cases General Appropriations. when a child is prosecuted on indictment and other cases; providing that By Representatives Bitner, Jones, Hill, Fasano, and Arnall— a court may withhold adjudication of guilt and place the child on probation or community control to be supervised by the Department of HB 209—A bill to be entitled An act relating to alcohol sales; Juvenile Justice, under specified circumstances; providing for amending s. 567.01, F.S.; providing for local option elections to completion of a residential program under the Department of Juvenile determine sales of intoxicating liquors, wines, or beer by the drink; Justice as a special condition of the probation or community control; amending s. 567.06, F.S.; providing ballot instructions for local option authorizing a judge in adult court to access the juvenile commitment elections; amending s. 567.07, F.S.; providing for a local option election programs for sentencing purposes; prohibiting imposition of certain for sole purpose of determining whether intoxicating liquors, wines, or sentencing alternatives and juvenile sanctions and prohibiting beer may be sold by the drink for consumption on premises; providing withholding of adjudication as an adult when the state attorney’s an effective date. motion to transfer and certify the child for prosection as an adult is granted under specified provisions; revising guidelines for sentencing to First reading by publication (Art. III, s. 7, Florida Constitution). juvenile sanctions; providing duties of the Department of Juvenile Justice and the court under conditions of offender violation of Referred to the Committee(s) on Regulated Services, Election Reform, commitment or supervision; providing for arrest and hearing; providing and Community Affairs. for imposition of adult sentencing under certain circumstances; providing for the scope of certain sanctions and a return of custody to the HB 211—Withdrawn sentencing court under certain circumstances; removing requirement By Representatives Crow, Byrd, and Lynn— that the court stay adjudication of guilt when the child is sentenced to juvenile sanctions under specified provisions; removing provisions that HB 213—A bill to be entitled An act relating to guardianship; the adjudication of delinquency shall not be deemed to be a conviction amending s. 744.369, F.S.; extending the time to review certain reports; or operate to impose civil disabilities resulting from a conviction; authorizing random field audits; amending s. 744.702, F.S.; providing removing prohibition against the imposition of a combination of juvenile legislative intent to establish the Statewide Public Guardianship Office; and adult sanctions; reenacting s. 985.225(3), relating to indictment of creating s. 744.7021, F.S.; providing for the Statewide Public a juvenile, and s. 985.31(3)(k), relating to serious or habitual juvenile Guardianship Office within the Department of Elderly Affairs; offender, to incorporate said amendment in references; amending s. providing for an executive director and oversight responsibilities; 985.309, F.S., relating to criteria for placement of child in a boot camp providing for the Department of Elderly Affairs to provide certain program; providing for boot camp placement in connection with a juvenile disposition of a child at least 14 years of age who has not services and support; requiring submission of a guardianship plan and entered a plea of guilty or nolo contendere to, or been adjudicated of, a yearly status reports to the Governor, the President of the Senate, the capital felony, life felony, or violent felony of the first degree; providing Speaker of the House of Representatives, and the Chief Justice of the for early intervention boot camp placement of a child at least 12 years Supreme Court; requiring the office to develop a training program and of age under specified circumstances; providing for certain minimum curriculum committee; authorizing fees; authorizing demonstration periods of participation in aftercare; authorizing operation of an early projects; providing for rules; amending s. 744.703, F.S.; providing for the intervention boot camp program by the Department of Juvenile Justice, executive director to establish offices of public guardian and to appoint or a county or municipality; providing purpose of program; providing public guardians; providing for transfer of oversight responsibility from criteria for disqualification from participation in the early intervention the chief judge of the circuit to the office; providing for the suspension boot camp program; reenacting s. 985.231(1)(j), relating to powers of of public guardians, as specified; amending s. 744.706, F.S.; providing disposition in delinquency cases, s. 985.31(3)(i), relating to serious or for the preparation of the budget of the Statewide Public Guardianship habitual juvenile offender, s. 985.311(3)(i), relating to intensive Office; amending s. 744.707, F.S.; revising language with respect to residential treatment programs for offenders less than 13 years of age, procedures and rules to include reference to the Statewide Public and s. 985.314(1)(a), relating to commitment program for juvenile felony Guardianship Office; amending s. 744.708, F.S.; revising language with offenders, to incorporate said amendment in references; amending s. respect to reports and standards; providing reference to audits by the 985.404, F.S., relating to administration of the juvenile justice Auditor General; amending s. 744.1085, F.S.; revising language with continuum; specifying factors to be considered in the report ranking respect to professional guardians to include reference to the Statewide commitment programs; providing for measuring the recidivism rate for Public Guardianship Office; amending s. 744.3135, F.S.; providing a certain programs; amending s. 985.219, F.S.; providing for assessing an procedure for obtaining fingerprint cards and for maintaining the additional civil penalty against parents, legal guardians, or adult results of certain investigations; amending s. 28.241, F.S.; providing for relatives under certain circumstances; repealing s. 985.218(6), F.S., funds for public guardians; providing an appropriation; providing for the relating to adjudicatory hearings for children committing delinquent transfer of resources between agencies; providing an effective date. acts or violations of law; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Elder Affairs & Long-Term Care, Referred to the Committee(s) on Juvenile Justice, Judiciary, and Real Property & Probate, Governmental Rules & Regulations, and Criminal Justice Appropriations. Health & Human Services Appropriations.

By Representatives Crow, Heyman, Fasano, Logan, Greenstein, By Representative Fasano— Ritter, Morroni, Effman, and Villalobos— HB 215—A bill to be entitled An act relating to workers’ HB 207—A bill to be entitled An act relating to health insurance compensation; amending s. 440.092, F.S.; revising provisions relating to coverage for autism spectrum disorder; requiring a health insurer or special requirements for compensability under Workers’ Compensation 34 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Law to provide that certain injuries suffered by specified law determination of participants; creating s. 164.1053, F.S.; providing for enforcement and correctional officers shall be deemed to be injuries a conflict assessment meeting and providing requirements with respect arising out of and in the course of employment; providing an effective thereto; creating s. 164.1055, F.S.; providing for a joint public meeting date. between conflicting entities; providing for mediation when no agreement is reached; creating s. 164.1056, F.S.; providing for final First reading by publication (Art. III, s. 7, Florida Constitution). resolution of a conflict when there is a failure to resolve the conflict Referred to the Committee(s) on Insurance, Law Enforcement & under the act; creating s. 164.1057, F.S.; specifying the manner of Crime Prevention, and Transportation & Economic Development execution of the resolution of a conflict; renumbering and amending s. Appropriations. 164.104, F.S.; providing that a governmental entity that fails to participate in conflict resolution procedures shall be required to pay By Representative Ritchie— attorney’s fees and costs under certain conditions; creating s. 164.1061, HB 217—A bill to be entitled An act relating to protective injunctions; F.S.; providing for extension of the time requirements of the act; amending s. 784.046, F.S.; providing that, with respect to causes of repealing ss. 164.103, 164.105, and 164.106, F.S., which provide action for an injunction for protection in cases of repeat violence, the procedures and requirements for resolution of governmental disputes parent or guardian of a minor child living at home has standing in the and for tolling of statutes of limitations; providing effect on existing circuit court; providing that the parent or guardian need not include the contracts and agreements; providing an effective date. specific facts and circumstances which form the basis upon which relief is sought in order to be issued an injunction on behalf of the minor child; First reading by publication (Art. III, s. 7, Florida Constitution). reenacting s. 741.315(2), F.S., relating to recognition of foreign Referred to the Committee(s) on Governmental Operations and protection orders, s. 784.047, F.S., relating to penalties for violating Community Affairs. protective injunction against repeat violators, s. 784.048(4), F.S., relating to stalking, s. 790.065(2)(c), F.S., relating to sale and delivery By Representative Bush— of firearms, and s. 901.15(6) and (8), F.S., relating to arrest by an officer without a warrant, to incorporate said amendments in references; HB 225—A bill to be entitled An act relating to public exhibition of providing an effective date. violent video games; providing a short title; providing definitions; First reading by publication (Art. III, s. 7, Florida Constitution). prohibiting the public showing, display, or other exhibition of video games containing graphic violence in specified places; prohibiting a Referred to the Committee(s) on Family Law & Children and person who operates a place of business where video games containing Judiciary. graphic violence are shown, displayed, or exhibited from knowingly permitting or allowing any person under 18 years of age to patronize, By Representative Crow— visit, or loiter in such place of business; providing penalties; providing HB 219—A bill to be entitled An act relating to public records for deposit of fines in the Public Medical Assistance Trust Fund for use exemptions; creating s. 744.7081, F.S.; providing an exemption from for a certain purpose; providing for proof of age to be required of a public records requirements for certain records requested by the prospective video game observer at the place of business; providing a Statewide Public Guardianship Office; providing for review and repeal; defense to prosecution under specified provisions; providing that a providing a statement of public necessity; providing a contingent person who operates such place of business may seek a declaratory effective date. judgment from a court of appropriate jurisdiction on whether a video game contains graphic violence; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Elder Affairs & Long-Term Care, First reading by publication (Art. III, s. 7, Florida Constitution). Real Property & Probate, and Governmental Operations. Referred to the Committee(s) on Judiciary, Governmental Rules & By Representatives Trovillion, Fasano, and Dockery— Regulations, Business Regulation & Consumer Affairs, and Health & Human Services Appropriations. HB 221—A bill to be entitled An act relating to the tax on sales, use, and other transactions; amending s. 212.05, F.S.; exempting from the By Representatives Brown, Kosmas, C. Green, and Crow— tax on the sale of coins or currency certain transactions in which the sales price exceeds a specified amount; amending s. 212.08, F.S.; HB 227—A bill to be entitled An act relating to intangible personal exempting sales of gold, silver, or platinum bullion when the sales price property taxes; providing a short title; amending s. 199.052, F.S.; exceeds a specified amount; providing effective dates. decreasing the minimum amount of annual intangible personal property tax which a person may be required to pay; amending s. 199.185, F.S.; First reading by publication (Art. III, s. 7, Florida Constitution). increasing the exemption from the annual tax granted to natural Referred to the Committee(s) on Financial Services, Governmental persons; providing effective dates. Rules & Regulations, Finance & Taxation, and General Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Constantine and Sanderson— Referred to the Committee(s) on Financial Services, Finance & HB 223—A bill to be entitled An act relating to governmental Taxation, and General Appropriations. controversies; amending s. 164.101, F.S.; renaming the “Florida Governmental Cooperation Act” as the “Florida Governmental Conflict By Representatives Crady, Fiorentino, Fasano, and Stansel— Resolution Act”; amending s. 164.102, F.S.; providing purpose and HB 229—A bill to be entitled An act relating to weapons and firearms; intent; creating s. 164.1031, F.S.; providing definitions; creating s. 164.1041, F.S.; requiring that, when a local or regional governmental providing that a nonresident who is a United States citizen may carry entity files suit against another such governmental entity, the a concealed weapon or firearm in this state if the nonresident has procedural options of the act must be exhausted before court attained a specified age and holds a valid license to carry a concealed proceedings occur, except in specified circumstances; providing for weapon or firearm issued in another state; providing that a nonresident review by the court of the justification for failure to comply with the act; is subject to the same laws and restrictions as a licensee in Florida; creating s. 164.1051, F.S.; specifying the governmental conflicts to providing that an out-of-state license to carry a concealed weapon or which the act applies; creating s. 164.1052, F.S.; providing procedures firearm remains in effect for a certain period following the date on which and requirements for initiation of conflict resolution procedures and the holder of the license establishes legal residence in this state; March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 35 specifying how legal residence is established; providing applicability; of all kindergarten through grade three classes to twenty students per providing an effective date. full-time equivalent teacher; providing an effective date.

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

Referred to the Committee(s) on Law Enforcement & Crime Referred to the Committee(s) on Education Innovation, Prevention and Transportation & Economic Development Education/K-12, Education Appropriations, and General Appropriations. Appropriations.

By Representatives Johnson, Byrd, Bense, and Patterson— By Representative Rayson—

HB 231—A bill to be entitled An act relating to ad valorem taxation; HB 241—A bill to be entitled An act relating to education; creating s. providing for a partial refund of taxes levied in 1998 on residential 232.042, F.S.; requiring each child, prior to enrollment in school, to property destroyed or damaged by hurricane, flood, windstorm, fire, or submit evidence of whether or not he or she has learned to swim; sinkhole; providing procedures and requirements; providing for requiring the district school board to provide certain information; retroactive application and expiration; providing an effective date. providing an effective date.

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

Referred to the Committee(s) on Community Affairs, Finance & Referred to the Committee(s) on Education Innovation, Taxation, and General Government Appropriations. Education/K-12, and Education Appropriations.

By Representatives Kosmas, Heyman, Greenstein, Gottlieb, Sobel, By Representatives Trovillion, Fasano, Posey, Sublette, Jones, and Cosgrove, and Turnbull— Ball—

HB 233—A bill to be entitled An act relating to early childhood HB 243—A bill to be entitled An act relating to public property and assistance; creating s. 411.21, F.S.; creating the Children First Program; publicly owned buildings; amending s. 255.05, F.S.; specifying providing legislative intent; creating the Children First governing conditions under which suits may be brought by and against a public board; providing membership and responsibilities; creating the authority with respect to specified public works projects; providing for Children First coordinating council; providing membership and rights, obligations, remedies, and defenses of the public authority and responsibilities; providing for funding; providing for members’ per diem the contractor; excluding specified basis of liability; providing for and travel expenses; requiring a report by the State Coordinating construction of the act; limiting extent of liability for any employee or Council for Early Childhood Services; providing for termination of said agent of the public authority; providing an effective date. council on a specified date; providing for staffing for the Children First governing board and coordinating council; providing for creation of First reading by publication (Art. III, s. 7, Florida Constitution). county Children First coalitions; providing membership and Referred to the Committee(s) on Governmental Operations, Judiciary, responsibilities; providing for coalition initiation grants and for block and Transportation & Economic Development Appropriations. grant funding and certain waiver authority; requiring development of community plans; providing plan requirements; providing procedures By Representative Goode— and a funding schedule; providing for evaluation and performance measures; requiring annual reports; providing responsibility for HB 245—A bill to be entitled An act relating to public records; implementation; providing for creation of local school readiness providing an exemption from public records requirements for coalitions; providing for award of grants; amending ss. 230.2303, 383.14, information about patients of home medical equipment providers which 391.304, 402.281, 402.305, 402.3052, 402.45, 411.204, and 411.221, F.S., is obtained by employees or service providers or the licensing agency; to conform to the act; repealing s. 411.222(4), F.S., relating to the providing an exemption from public records requirements for Coordinating Council for Early Childhood Services; providing effective information obtained by the Agency for Health Care Administration or dates. a home medical equipment provider in connection with background screening; providing for future review and repeal; providing findings of First reading by publication (Art. III, s. 7, Florida Constitution). public necessity; providing a contingent effective date.

Referred to the Committee(s) on Children & Families, Education First reading by publication (Art. III, s. 7, Florida Constitution). Innovation, and General Appropriations. Referred to the Committee(s) on Health Care Licensing & Regulation, By Representatives Ogles, Byrd, Heyman, Fasano, Jacobs, and Governmental Operations, and Health & Human Services Sanderson— Appropriations.

HB 235—A bill to be entitled An act relating to motor vehicle By Representative Goode— registration; amending s. 320.02, F.S.; providing that the form for motor vehicle registration and renewal must include language permitting a HB 247—A bill to be entitled An act relating to home medical voluntary contribution to the Florida Mothers Against Drunk Driving, equipment providers; creating part X of chapter 400, F.S.; providing for Inc.; providing for the distribution of such contributions; providing an regulation of home medical equipment providers by the Agency for effective date. Health Care Administration; providing legislative intent; providing definitions; providing for licensure and exemptions; providing unlawful First reading by publication (Art. III, s. 7, Florida Constitution). acts; providing penalties; providing for license applications; providing for fees; providing for background screening; providing for provisional Referred to the Committee(s) on Transportation and Transportation licenses and temporary permits; providing for administrative penalties; & Economic Development Appropriations. providing for injunctions, emergency orders, and moratoriums; providing for licensure inspections and investigations; providing HB 237—Withdrawn minimum standards; providing for agency rules; providing for patient By Representatives Rayson, Kosmas, Fasano, Heyman, and Wilson— records; providing for notice of toll-free telephone number for the central abuse registry; providing for background screening of home medical HB 239—A bill to be entitled An act relating to class size; amending equipment provider licensees and personnel; providing penalties; s. 236.687, F.S., requiring the Legislature to annually appropriate to the providing screening procedures; providing for agency injunctions; Department of Education an amount sufficient to reduce the class size prohibiting patient referrals and rebates; providing for application of 36 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 the act to existing providers; providing an appropriation; providing an multidisciplinary teams; providing for rapid response teams; providing effective date. for funding; amending s. 400.121, F.S.; expanding authority of the agency to suspend or revoke a facility’s license; providing for funding of First reading by publication (Art. III, s. 7, Florida Constitution). certain actions to improve a facility’s quality of care; providing for rules; Referred to the Committee(s) on Health Care Licensing & Regulation, authorizing the agency to establish standards for a facility’s medical Health Care Services, Governmental Rules & Regulations, and Health director and director of nursing under certain circumstances; & Human Services Appropriations. authorizing the agency to require certain facilities to increase or enhance staffing for a specified time period; providing a penalty; By Representative Heyman— amending s. 400.141, F.S.; providing requirements for appointment of a medical director; revising conditions for encouraging facilities to provide HB 249—A bill to be entitled An act relating to health care advance other needed services; authorizing Gold Seal facilities to develop directives; amending s. 765.101, F.S.; defining the term “palliative care”; programs to provide certified nursing assistant training; amending s. redefining the term “terminal condition” to provide that such a condition 400.19, F.S., to conform to the act; amending s. 400.191, F.S.; revising is not necessary for ensuring a right to refuse treatment; amending s. requirements for provision of information to the public by the agency; 765.102, F.S.; providing legislative intent; amending s. 765.302, F.S.; amending s. 400.23, F.S.; abolishing the Nursing Home Advisory revising a provision relating to the procedure for making a living will to Committee; revising the system for evaluating facility compliance with remove reference to a terminal condition; amending s. 765.303, F.S.; licensure requirements; eliminating ratings and providing for standard revising the suggested form of a living will; amending s. 765.304, F.S.; or conditional licensure status; creating s. 400.235, F.S.; providing for removing reference to a physical condition which is terminal with development of a Gold Seal Program for recognition of facilities respect to the procedure for a living will; amending s. 765.305, F.S.; demonstrating excellence in long-term care; establishing a Panel on removing reference to a terminal condition with respect to the procedure Excellence in Long-Term Care under the Executive Office of the in the absence of a living will; amending s. 765.306, F.S.; removing Governor; providing membership; providing program criteria; providing reference to a terminal condition with respect to the determination of a for duties of the panel and the Governor; providing for agency rules; patient’s condition under the Life-Prolonging Procedure Act of Florida; providing for biennial relicensure of Gold Seal Program facilities, under providing an effective date. certain conditions; creating a panel on Medicaid reimbursement; First reading by publication (Art. III, s. 7, Florida Constitution). providing membership and duties; requiring reports; providing for expiration; directing the agency to conduct a review of certified nursing Referred to the Committee(s) on Elder Affairs & Long-Term Care, assistant training programs; repealing s. 400.29, F.S., relating to an Health Care Services, Judiciary, and Health & Human Services agency annual report of nursing home facilities; providing an effective Appropriations. date.

By Representative K. Smith— First reading by publication (Art. III, s. 7, Florida Constitution).

HB 251—A bill to be entitled An act relating to ophthalmology; Referred to the Committee(s) on Elder Affairs & Long-Term Care, amending ss. 458.320 and 459.0085, F.S.; revising financial Governmental Rules & Regulations, Health Care Licensing & responsibility requirements for certain ophthalmologists; providing an Regulation, and Health & Human Services Appropriations. effective date. By Representative Wiles— First reading by publication (Art. III, s. 7, Florida Constitution). HB 257—A bill to be entitled An act relating to the Florida School for Referred to the Committee(s) on Health Care Licensing & Regulation the Deaf and the Blind; amending ss. 235.014 and 235.017, F.S., relating and Insurance. to educational facilities; authorizing the Department of Management Services to provide facilities services for the Florida School for the Deaf By Representatives Trovillion and Crady— and the Blind; amending s. 236.1229, F.S.; providing for Florida School HB 253—A bill to be entitled An act relating to county and municipal Improvement and Academic Achievement Trust Fund grants to the jails; amending s. 951.21, F.S.; providing that the gain-time awarded to Florida School for the Deaf and the Blind; providing for allocation and county prisoners by the board of county commissioners is optional; school-level administration; amending s. 242.3305, F.S.; revising deleting a provision requiring that the allowances awarded to county provisions relating to mission and responsibilities of the Florida School prisoners for good behavior be awarded according to the policy of the for the Deaf and the Blind; amending s. 287.059, F.S.; authorizing Department of Corrections for such awards for state prisoners; private attorney services for the Florida School for the Deaf and the amending s. 951.23, F.S.; providing that it is a second degree Blind without certain prior written approval; providing an effective misdemeanor for a prisoner to knowingly and willfully refuse to obey date. certain rules governing prisoner conduct; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education/K-12 and Education Referred to the Committee(s) on Corrections, Crime & Punishment, Appropriations. Community Affairs, and Criminal Justice Appropriations. By Representatives Warner, Lynn, and Murman— By Representatives Brooks and Argenziano— HB 259—A bill to be entitled An act relating to school readiness; HB 255—A bill to be entitled An act relating to nursing home creating s. 411.01, F.S.; providing legislative intent; providing facilities; creating s. 400.0225, F.S.; directing the Agency for Health definitions; creating the State School Readiness Governing Board; Care Administration to contract for consumer satisfaction surveys for providing membership requirements, meeting requirements, public nursing home residents; providing procedures and requirements for use records requirements, and responsibilities and duties of the governing of such surveys; amending s. 400.023, F.S., relating to civil enforcement; board; authorizing the governing board to adopt rules; providing providing for disposition of punitive damage awards; creating s. eligibility requirements for the school readiness program; requiring 400.024, F.S.; directing the agency to adopt facility practice guidelines, performance standards and outcome measures developed and approved which shall constitute an affirmative defense in certain regulatory by the governing board to meet certain guidelines; providing for the actions; amending s. 400.063, F.S.; correcting a cross reference; establishment of a school readiness coalition in each county; providing amending s. 400.071, F.S.; revising requirements for licensure and membership of the coalitions; providing for implementation and renewal; creating s. 400.118, F.S.; directing the agency to establish a phasing-in of the school readiness program; requiring the development quality assurance and assistance program; providing for of a plan; providing for exceptions to law; providing for coalition March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 37 initiation grants; providing incentive bonuses; providing for the funding authorizing the Legislature to provide the conditions under which a of the school readiness program; requiring each coalition to develop a convicted felon’s right to register or vote may be restored. reimbursement rate schedule for all programs funded by the coalition; providing requirements for school readiness agents; providing for First reading by publication (Art. III, s. 7, Florida Constitution). parental choice with respect to child care arrangements and payments; requiring the Department of Education and the Office of the Referred to the Committee(s) on Crime & Punishment, Election Comptroller to establish an electronic funds transfer system; requiring Reform, and Judiciary. the Office of Program Policy Analysis to provide fiscal oversight; requiring each coalition to conduct an annual evaluation and submit a By Representatives Logan, Bradley, C. Smith, Chestnut, Wilson, report to the governing board; creating s. 229.567, F.S.; requiring the A. Greene, Lawson, Hill, Bush, and Lynn— Department of Education to require use by the school districts of school readiness screening instruments adopted by the governing board; HB 265—A bill to be entitled An act relating to elections; amending creating the School Readiness Program Needs-Assessment Conference; s. 97.041, F.S.; providing for automatic restoration of former felons’ right requiring the conference to develop information relating to school to vote following completion and satisfaction of sentence of incarceration readiness programs; specifying the principals of the conference; and community supervision; providing conditions on such automatic providing an effective date. restoration; providing a conditional effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education Innovation and Education Referred to the Committee(s) on Crime & Punishment, Election Appropriations. Reform, Judiciary, and Criminal Justice Appropriations. By Representatives Pruitt, Fasano, Gay, and Kelly— By Representatives Fiorentino, Fasano, Byrd, Kilmer, and Bense— HB 261—A bill to be entitled An act relating to municipal firefighters’ pension trust funds and municipal police officers’ retirement trust HB 267—A bill to be entitled An act relating to motor vehicle licenses; funds; amending and revising the provisions of chapters 175 and 185, amending s. 320.089, F.S.; permitting the unremarried spouse of a F.S.; defining “chapter plans,” “local law plans,” and “supplemental plan deceased recipient of the Purple Heart medal to continue receiving a municipality”; redefining “compensation” or “salary” for retirement license plate which is stamped with the words “Purple Heart” under purposes under these chapters; clarifying the applicability of minimum certain circumstances; providing an effective date. benefits for both chapter and local law plans; revising investment provisions to permit cities greater investment latitude to make foreign First reading by publication (Art. III, s. 7, Florida Constitution). investments; eliminating discriminatory language in conformance with state and federal discrimination provisions; providing that certain Referred to the Committee(s) on Transportation and Community benefits provided are a minimum and may not be diminished by any Affairs. other state, local, or federal benefits; providing an exception; modifying the formula for calculating volunteer firefighter service retirement By Representative Albright— benefits; clarifying terminology relating to “sole and exclusive use of” premium tax funds and “extra benefits” by providing that moneys must HB 269—A bill to be entitled An act relating to the lead-acid battery be placed in a police-only or firefighter-only plan or a combined police fee; amending ss. 403.717 and 403.7185, F.S.; specifying that the fee and firefighter plan as opposed to placing moneys in any type of plan applies to new or remanufactured lead-acid batteries sold at retail; that includes general employees; providing for establishment of a new providing an effective date. board and for transfer of assets in certain cases; creating s. 175.195, F.S.; prohibiting certain fraudulent practices; providing criminal and First reading by publication (Art. III, s. 7, Florida Constitution). administrative penalties; repealing s. 175.152, F.S., relating to contributions; repealing s. 175.251, F.S., relating to employment records Referred to the Committee(s) on Environmental Protection, Finance that are required to be kept by the secretary of the board of trustees; & Taxation, and General Government Appropriations. repealing s. 175.291, F.S., relating to the requirement that the attorney for the municipality or special fire control district represent the board By Representative Barreiro— of trustees upon request and the option to employ independent counsel and other persons; repealing s. 175.321, F.S., relating to the application HB 271—A bill to be entitled An act relating to prekindergarten early of certain provisions to municipalities and fire control districts; intervention programs; amending s. 230.2305, F.S.; requiring the repealing s. 175.331, F.S., relating to the rights of firefighters under Department of Education to develop legislation to expand the former law; repealing s. 175.391, F.S., relating to payment of attorney’s prekindergarten early intervention program to provide access to all 3- fees and costs; repealing s. 185.14, F.S., relating to contributions; year old and 4-year old children at no cost to the children’s parents; repealing s. 185.15, F.S, relating to contributions and new employees; requiring a report; providing an appropriation; providing an effective creating s. 185.185, F.S.; prohibiting certain fraudulent practices; date. providing criminal and administrative penalties; repealing s. 185.27, F.S., relating to the roster of retirees; repealing s. 185.29, F.S., relating First reading by publication (Art. III, s. 7, Florida Constitution). to the city attorney representing the board of trustees; repealing s. 185.32, F.S., relating to exemptions from the chapter; repealing s. Referred to the Committee(s) on Education Innovation, Children & 185.36, F.S., relating to the rights of police officers under former laws; Families, Education Appropriations, and General Appropriations. repealing s. 185.40, F.S., relating to costs and attorney’s fees; creating ss. 175.411 and 185.60, F.S.; providing for optional participation; By Representatives Barreiro and Byrd— providing an effective date. HB 273—A bill to be entitled An act relating to education; amending First reading by publication (Art. III, s. 7, Florida Constitution). s. 232.61, F.S.; requiring the Florida High School Activities Association Referred to the Committee(s) on Governmental Operations and to adopt specified bylaws relating to eligibility for participation in Finance & Taxation. athletic competition for students who transfer or relocate to another school; providing an effective date. By Representatives Logan, Bradley, C. Smith, Chestnut, Wilson, A. Greene, Lawson, Hill, Bush, and Lynn— First reading by publication (Art. III, s. 7, Florida Constitution).

HJR 263—A joint resolution proposing an amendment to Section 4 of Referred to the Committee(s) on Education/K-12 and Governmental Article VI of the State Constitution, relating to suffrage and elections; Operations. 38 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By Representative Barreiro— furnished; specifying authorized uses of patient records by pharmacy owners; providing restrictions on such records when transmitted HJR 275—A joint resolution proposing an amendment to Section 7 of through a data communication device; amending ss. 465.014, 465.015, Article X and the creation of Section 26 of Article XII of the State 465.0196, 468.812, and 499.003, F.S.; correcting cross references, to Constitution relating to casino gambling. conform; providing an effective date.

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

Referred to the Committee(s) on Regulated Services, Judiciary, Referred to the Committee(s) on Health Care Services, Health Care Finance & Taxation, and General Government Appropriations. Licensing & Regulation, and Health & Human Services Appropriations.

By Representative Bush— By Representatives K. Smith, Wiles, and Thrasher—

HB 277—A bill to be entitled An act relating to education; amending HB 289—A bill to be entitled An act relating to the local government s. 233.0612, F.S.; authorizing school districts to provide instruction in infrastructure surtax; amending s. 212.055, F.S.; revising provisions the history of labor; providing an effective date. which authorize certain counties to use tax proceeds to retire or service First reading by publication (Art. III, s. 7, Florida Constitution). indebtedness for bonds issued before July 1, 1987, for infrastructure purposes; including charter counties within such authorization; Referred to the Committee(s) on Education/K-12, Governmental Rules authorizing use of interest accrued on tax proceeds for such purpose; & Regulations, Education Appropriations, and General Appropriations. extending such authorization to bonds subsequently issued to refund such bonds; ratifying prior use of tax proceeds and interest for such HB 279—Withdrawn refunding bonds; providing an effective date.

By Representatives Detert, Byrd, and J. Miller— First reading by publication (Art. III, s. 7, Florida Constitution).

HB 281—A bill to be entitled An act relating to election protests and Referred to the Committee(s) on Community Affairs, Finance & contests; amending s. 102.166, F.S., relating to protests of election Taxation, and General Government Appropriations. returns; revising provisions with respect to the timeframes for filing election protests and requests for manual recounts; eliminating protests By Representative Villalobos— of election returns in circuit court; amending s. 102.167, F.S.; deleting the provision that prescribes the form of the protest of election returns HB 291—A bill to be entitled An act relating to homestead exemption; to circuit judge, to conform; amending s. 102.168, F.S., relating to creating s. 196.075, F.S.; authorizing boards of county commissioners election contests; revising the timeframe for filing a contest of election; and municipal governing authorities to grant by ordinance an additional specifying the grounds authorized for contesting an election; specifying homestead exemption for persons 65 and older whose household income conditions under which a statement of the grounds of contest may not does not exceed a specified amount; providing definitions; providing be rejected or dismissed for want of form; providing for service of the requirements for such ordinances; providing a contingent effective date. complaint upon the defendant and any other person named therein and providing a timeframe for filing an answer or response thereto; First reading by publication (Art. III, s. 7, Florida Constitution). specifying that the contestant is entitled to an immediate hearing; Referred to the Committee(s) on Real Property & Probate, Community authorizing the circuit judge to fashion any orders necessary to Affairs, Finance & Taxation, and General Government Appropriations. investigate, examine, or check each allegation, prevent or correct any wrong, and provide any relief appropriate under the circumstances; By Representative Villalobos— creating s. 102.171, F.S.; codifying that jurisdiction to hear a contest of the election of a member to either house of the Legislature is vested in HB 293—A bill to be entitled An act relating to the tax on sales, use, the applicable house in accordance with its rules; providing applicability and other transactions; amending s. 212.06, F.S.; providing definitions; to certain primary elections; providing an effective date. authorizing the designation of seaport duty-free zones by counties that contain deepwater ports; providing an exemption from the sales and use First reading by publication (Art. III, s. 7, Florida Constitution). tax for certain items purchased within a seaport duty-free zone by passengers on a sea cruise ship who reside outside this state; providing Referred to the Committee(s) on Election Reform and Judiciary. requirements for purchasers to qualify for the exemption; providing By Representatives Fiorentino and Fasano— penalties for making a fraudulent statement for the purpose of tax evasion; providing applicability of use tax and penalties if such property HB 283—A bill to be entitled An act for the relief of Patricia D. Baker; is not removed from the state; authorizing a business that operates a sea providing an appropriation to compensate her for injuries and damages cruise ship to issue cruise arrival-departure cards; requiring records to sustained as a result of the negligence of the Florida Department of be kept; providing a mandatory fine for issuing a false or fraudulent Transportation; providing an effective date. arrival-departure card for the purpose of tax evasion; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Claims and Transportation & Economic Development Appropriations. Referred to the Committee(s) on Business Development & International Trade, Judiciary, Finance & Taxation, and HB 285—Withdrawn Transportation & Economic Development Appropriations. By Representatives Johnson, Russell, and C. Green— By Representatives Villalobos and Sanderson— HB 287—A bill to be entitled An act relating to pharmacy practice; HB 295—A bill to be entitled An act relating to personal injury providing a short title; amending s. 465.003, F.S.; defining the term protection; amending s. 627.739, F.S.; authorizing insured certain “data communication device”; amending s. 465.016, F.S.; providing that multiple deductible elections; requiring certain premium reductions; using or releasing a patient’s records except as authorized by chapter providing requirements for offers of certain limitations; providing an 455 or chapter 465, F.S., constitutes a ground for disciplinary action effective date. against a pharmacist, for which there are penalties; amending s. 465.017, F.S.; providing additional persons to whom and entities to First reading by publication (Art. III, s. 7, Florida Constitution). which records relating to the filling of prescriptions and the dispensing of medicinal drugs that are maintained by a pharmacy may be Referred to the Committee(s) on Insurance and Judiciary. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 39

By Representative Villalobos— providing for the effective date, the effect of prior waivers, and transition rules; providing an effective date. HB 297—A bill to be entitled An act relating to empowerment zones; creating s. 290.0501, F.S.; creating the “Florida Empowerment Zone First reading by publication (Art. III, s. 7, Florida Constitution). Act”; providing definitions and intent; providing for program Referred to the Committee(s) on Real Property & Probate and administration by the Department of Community Affairs; providing for Judiciary. annual funding; providing requirements for eligibility; providing for powers of the department to implement the program; providing an By Representatives Turnbull, Gay, Dockery, Goodlette, Wiles, appropriation; providing an effective date. Harrington, Henriquez, Argenziano, Posey, Effman, Hart, Heyman, Roberts, Cosgrove, Russell, Kelly, Sorensen, Diaz de la Portilla, First reading by publication (Art. III, s. 7, Florida Constitution). Murman, Albright, Levine, Ritchie, Stansel, Goode, Melvin, Pruitt, Waters, Fasano, Wasserman Schultz, K. Smith, Minton, Trovillion, Referred to the Committee(s) on Community Affairs, Governmental Lynn, Bilirakis, and Casey— Rules & Regulations, and Transportation & Economic Development Appropriations. HB 303—A bill to be entitled An act relating to trust funds; creating the Florida World War II Veterans Memorial Matching Trust Fund By Representatives Sublette, Bainter, Wiles, L. Miller, Chestnut, within the Department of Veterans’ Affairs; providing for sources of Greenstein, Sobel, Futch, Effman, Bush, Detert, Ball, Hill, Kilmer, moneys and purposes; providing for future review and termination or re- Flanagan, Murman, Fiorentino, Fuller, A. Greene, Casey, Kelly, creation of the trust fund; providing a contingent effective date. Eggelletion, Fasano, Crow, Posey, and Barreiro— First reading by publication (Art. III, s. 7, Florida Constitution). HB 299—A bill to be entitled An act relating to title loan transactions; Referred to the Committee(s) on Community Affairs and Health & creating the “Florida Title Loan Act”; providing legislative intent; Human Services Appropriations. providing definitions; requiring licensure by the Department of Banking and Finance to be in the business as a title loan lender; providing for By Representatives Turnbull, Gay, Dockery, Goodlette, Wiles, fees; providing for eligibility for licensure; providing for application; Harrington, Henriquez, Argenziano, Posey, Effman, Hart, Heyman, providing for suspension or revocation of license; providing a fine; Roberts, Cosgrove, Russell, Kelly, Sorensen, Murman, Bloom, Levine, providing for a title loan transaction form; providing requirements; Ritchie, Diaz de la Portilla, Albright, Stansel, Goode, Melvin, Pruitt, providing for redemption of a repossessed motor vehicle under certain Waters, Fasano, Fiorentino, Wasserman Schultz, K. Smith, Minton, circumstances; providing entitlement to certain excess proceeds of a sale Trovillion, Lynn, Bilirakis, Kosmas, Morroni, Bullard, Barreiro, and Casey— or disposal of a motor vehicle; providing for recordkeeping and reporting and safekeeping of property; providing for title loan charges and interest HB 305—A bill to be entitled An act relating to the Florida World War rates; providing a holding period when there is a failure to redeem; II Veterans Memorial; providing for the construction of a memorial to providing for the disposal of pledged property; providing for disposition the Florida residents who served during World War II; specifying source of excess proceeds; prohibiting certain acts; providing for the right to of moneys; directing the Commission on Veterans’ Affairs to cooperate redeem; providing for lost title loan transaction forms; providing for a with the Capitol Center Planning Commission to report on the cost and title loan lenders lien; providing for criminal penalties; providing for appropriate location of the memorial; directing the Governor to arrange certain records from the Department of Law Enforcement; providing for for an appropriate ceremony; providing a contingent effective date. subpoenas, enforcement of actions, and rules; providing a fine; providing for investigations and complaints; amending ss. 538.03 and 538.16, F.S.; First reading by publication (Art. III, s. 7, Florida Constitution). deleting provisions relating to title loan transactions; providing for more Referred to the Committee(s) on Community Affairs and Health & restrictive local ordinances; providing an appropriation; repealing ss. Human Services Appropriations. 538.03(1)(i), 538.06(5), and 538.15(4) and (5), F.S., relating to title loan transactions by secondhand dealers; providing effective dates. By Representatives Diaz de la Portilla and Goodlette—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 307—A bill to be entitled An act relating to school attendance; amending s. 232.01, F.S.; revising provisions relating to eligibility for Referred to the Committee(s) on Financial Services, Business enrollment in public kindergartens; authorizing the enrollment of Regulation & Consumer Affairs, Crime & Punishment, Governmental certain children who are determined to be ready for entrance into Rules & Regulations, and General Government Appropriations. kindergarten; providing eligibility requirements; providing school district requirements; authorizing the state board to adopt rules; By Representatives Goodlette, Byrd, and Cosgrove— providing an effective date.

HB 301—A bill to be entitled An act relating to probate; amending s. First reading by publication (Art. III, s. 7, Florida Constitution). 732.201, F.S.; revising language with respect to the right to elective Referred to the Committee(s) on Education Innovation, share; creating s. 732.2025, F.S.; providing definitions; creating s. Education/K-12, Governmental Rules & Regulations, and Education 732.2035, F.S.; providing for property entering into the elective estate; Appropriations. creating s. 732.2045, F.S.; providing for exclusions and overlapping application; amending s. 732.205, F.S.; providing for the valuation of the By Representative Diaz de la Portilla— elective estate; amending s. 732.206, F.S.; providing for the elective share amount; amending s. 732.207, F.S.; providing for the sources from HB 309—A bill to be entitled An act relating to courses of study; which the elective share is payable; providing for abatement; amending amending s. 233.061, F.S.; authorizing certain exemptions from required reproductive health or AIDS instructional activities; providing s. 732.208, F.S.; providing for the liability of direct recipients and an effective date. beneficiaries; amending s. 732.209, F.S.; providing for the valuation of the property used to satisfy the elective share; amending s. 732.210, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; providing for the effect of the election on other interests; amending s. 732.211, F.S.; providing for the protection of payors and other third Referred to the Committee(s) on Education/K-12 and Health Care parties; amending s. 732.212, F.S.; providing who may exercise the right Services. of election; amending s. 732.213, F.S.; providing for the time of election; By Representative Fuller— providing for extensions and for withdrawal; amending s. 732.214, F.S.; providing for the order of contribution; providing for the personal HB 311—A bill to be entitled An act relating to suits by and against representative’s duty to collect contributions; amending s. 732.215, F.S.; the Department of Transportation; amending s. 337.19, F.S.; revising 40 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 language with respect to suits at law and in equity brought by or against of Health to publish compliance policy guidelines that include the department with respect to breach of an express provision or an recommendations of the group; providing effective dates. implied covenant of a written agreement or a written directive issued by the department pursuant to the written agreement; providing for rights, First reading by publication (Art. III, s. 7, Florida Constitution). obligations, remedies, and defenses; prohibiting liability under certain Referred to the Committee(s) on Health Care Licensing & Regulation, circumstances; providing exceptions with respect to liability; providing Health Care Services, Insurance, and Health & Human Services an effective date. Appropriations.

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

Referred to the Committee(s) on Transportation, Judiciary, and HB 321—A bill to be entitled An act relating to tobacco; requiring Transportation & Economic Development Appropriations. retailers to situate tobacco products, cigars, cigarettes, and pipes where they are not easily accessible to minors; providing an effective date. By Representatives Fuller and Byrd— First reading by publication (Art. III, s. 7, Florida Constitution). HB 313—A bill to be entitled An act relating to community contribution tax credits; amending ss. 220.183, 624.5105, F.S.; Referred to the Committee(s) on Regulated Services, Crime & increasing the annual limitation on the amount of such credits which Punishment, Law Enforcement & Crime Prevention, and Criminal may be granted against the corporate income tax and insurance Justice Appropriations. premium taxes; providing an effective date. By Representatives Jacobs, Heyman, and Effman—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 323—A bill to be entitled An act relating to driving under the Referred to the Committee(s) on Community Affairs, Insurance, influence; amending s. 316.193, F.S.; increasing the penalty imposed for a fourth or subsequent conviction of driving under the influence; Finance & Taxation, and General Appropriations. increasing the penalties imposed for causing damage to property or By Representative Gay— serious bodily injury while driving under the influence; providing that it is a first-degree felony to cause the death of another while driving HB 315—A bill to be entitled An act relating to alcoholic beverages; under the influence; deleting provisions that impose an enhanced amending s. 561.01, F.S.; revising the definition of the term “discount in penalty if a person causes the death of another while driving under the the usual course of business”; providing an effective date. influence, knew or should have known that the accident occurred, and failed to give information and render aid; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Regulated Services and Business Development & International Trade. Referred to the Committee(s) on Crime & Punishment, Corrections, and Criminal Justice Appropriations. By Representative Gay— By Representative Villalobos— HB 317—A bill to be entitled An act relating to tax on sales, use, and HB 325—A bill to be entitled An act relating to trust funds; other transactions; amending s. 212.031, F.S.; providing that the tax on reenacting and amending s. 373.41495, F.S.; creating the Lake Belt the lease or rental of or license in real property does not apply when the Mitigation Trust Fund within the South Florida Water Management property is a public or private street or right-of-way used by a franchised District; providing for sources of moneys and purposes; providing an cable television company for communication purposes; providing an exemption from termination; providing a contingent effective date. effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Environmental Protection and Referred to the Committee(s) on Utilities & Communications, Finance General Government Appropriations. & Taxation, and General Appropriations. By Representatives Warner and Goodlette— By Representative Gay— HB 327—A bill to be entitled An act relating to public defenders; HB 319—A bill to be entitled An act relating to pharmacy practice; amending s. 27.53, F.S.; providing that withdrawal by a public defender amending s. 465.003, F.S.; defining the term “data communication may be permitted by the court for conflict of interest unless the court device”; revising the definition of the term “practice of the profession of determines that the conflict is too remote or attenuated to result in pharmacy”; amending s. 465.016, F.S.; authorizing the redispensing of prejudice to the indigent client; providing an effective date. unused or returned unit-dose medication by correctional facilities under First reading by publication (Art. III, s. 7, Florida Constitution). certain conditions; providing a ground for which a pharmacist may be subject to discipline by the Board of Pharmacy; amending s. 465.017, Referred to the Committee(s) on Crime & Punishment and Criminal F.S.; providing additional persons to whom and entities to which records Justice Appropriations. relating to the filling of prescriptions and the dispensing of medicinal drugs that are maintained by a pharmacy may be furnished; specifying By Representative Villalobos— authorized uses of patient records by pharmacy owners; providing HB 329—A bill to be entitled An act relating to limerock mining; restrictions on such records when transmitted through a data amending s. 373.4149, F.S., relating to the Miami-Dade County Lake communication device; amending ss. 465.014, 465.015, 465.0196, Belt Plan; providing legislative intent; revising description of land 468.812, and 499.003, F.S.; correcting cross references, to conform; included in the Miami-Dade County Lake Belt Area; providing for local amending s. 499.012, F.S.; redefining the term “wholesale distribution,” land use jurisdiction and for land use compatibility within the Lake Belt relating to the distribution of prescription drugs, to provide for the Area; requiring certain notice of mining activities; revising membership exclusion of certain activities; creating s. 499.072, F.S.; creating the of the Miami-Dade County Lake Belt Plan Implementation Committee; Drug Regulation Advisory Group; providing membership; providing providing additional requirements for Phase II of the Lake Belt Plan; terms of office; providing for meetings, for reimbursement of expenses, extending the existence of the implementation committee; deleting and for purposes and duties of the group; authorizing the Department requirement for development of a comprehensive mitigation plan; March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 41 creating s. 373.41492, F.S.; imposing a mitigation fee on commercial transportation vehicle is exempt from the ordinance; providing for a extraction of limerock and sand from the Lake Belt Area; providing an portion of the proceeds of the fines imposed under the ordinance to be exemption; providing procedures for collection, report, and disposition of deposited into the Highway Safety Operating Trust Fund of the fees; providing for enforcement and penalties; providing duties and Department of Highway Safety and Motor Vehicles; providing for the authority of the Department of Revenue; providing for rules; providing remainder of the proceeds to be used to fund positions for law for annual indexed fee increases after a specified date; providing enforcement officers and correctional officers; amending s. 316.0745, purpose of fees for wetlands mitigation and specifying uses; requiring F.S.; requiring that a traffic-infraction detector meet requirements approval of expenditures by an interagency committee; providing established by the Department of Highway Safety and Motor Vehicles; membership of the committee; providing that payment of the fee providing for testing such detectors; creating s. 316.1971, F.S.; providing satisfies certain mitigation requirements; providing for suspension of procedures for imposing a fine for violations of an ordinance that provides for the use of a traffic-infraction detector; providing a the fee under certain circumstances; requiring interagency committee procedure under which the operator of a vehicle may establish that the reports to the South Florida Water Management District and the vehicle was in the care, custody, or control of another person at the time Legislature; amending ss. 373.4415 and 378.4115, F.S.; correcting of the violation; providing for the violation to be contested; providing references to conform to the county’s name change; providing that an image produced by a traffic-infraction detector is prima facie severability; providing an effective date. evidence that the violation occurred; amending s. 320.03, F.S.; requiring the tax collector to withhold issuing a license plate or revalidation First reading by publication (Art. III, s. 7, Florida Constitution). sticker if a person’s name appears on a list of outstanding fines; Referred to the Committee(s) on Environmental Protection and requiring that a county or municipality that operates a traffic-infraction General Government Appropriations. detector report to the Department of Highway Safety and Motor Vehicles; providing for a summary of such reports to be submitted to the By Representative Trovillion— Governor and the Legislature; amending s. 316.1001, F.S.; authorizing local governments to use code enforcement procedures to enforce HB 331—A bill to be entitled An act relating to the Florida Clean citations for failure to pay required tolls; providing an effective date. Indoor Air Act; creating s. 386.213, F.S.; providing restrictions on the use of tobacco products in state correctional facilities; providing intent First reading by publication (Art. III, s. 7, Florida Constitution). and definitions; requiring the Department of Corrections and private Referred to the Committee(s) on Transportation, Law Enforcement & vendors operating state correctional facilities to make smoking- Crime Prevention, Judiciary, Finance & Taxation, and Transportation cessation assistance available to inmates to implement the section; & Economic Development Appropriations. requiring full implementation of the section by a specified date; prohibiting inmates within state correctional facilities from using By Representatives Goode, Melvin, Peaden, Hart, Barreiro, Brown, tobacco products in prohibited areas; prohibiting employees or visitors Farkas, Fiorentino, Valdes, Casey, Greenstein, Villalobos, Sanderson, from using tobacco products in prohibited areas; providing penalties; Ritchie, Fasano, and J. Miller— authorizing the department to adopt rules and private vendors to adopt HB 337—A bill to be entitled An act relating to health care; providing policies and procedures for the designation of prohibited areas and procedures required for the termination or nonrenewal of a health care smoking areas and for the imposition of penalties authorized; amending provider contract by a managed care plan; requiring certain written s. 386.203, F.S.; adding state correctional facilities to the definition of notice; providing for hearing by a panel appointed by the managed care “public place” applicable to the act; providing an effective date. plan; providing for recommendations to and decisions of the managed First reading by publication (Art. III, s. 7, Florida Constitution). care plan; specifying timeframes; providing an effective date. Referred to the Committee(s) on Corrections, Governmental First reading by publication (Art. III, s. 7, Florida Constitution). Operations, and Criminal Justice Appropriations. Referred to the Committee(s) on Health Care Services and Health & Human Services Appropriations. By Representative Effman— By Representatives Hart, Fasano, Byrd, and Fiorentino— HB 333—A bill to be entitled An act relating to child care facilities; creating the “Jeremy Fiedelholtz Safe Day Care Act”; amending s. HB 339—A bill to be entitled An act relating to government; creating 402.319, F.S.; providing a penalty for making misrepresentations to the “Citizen Participation in Government Act” and providing for its certain persons regarding licensure or operation of a child care facility purposes; providing immunity from civil liability; providing procedures or family day care home; providing a penalty for negligence or for the judiciary to respond to lawsuits relating to the constitutional intentional act and the parent or guardian relied on a right to petition the government for redress of grievances; defining misrepresentation; amending s. 921.0022, F.S.; providing for ranking of terms; providing an effective date. violations on the offense severity ranking chart; providing an effective First reading by publication (Art. III, s. 7, Florida Constitution). date. Referred to the Committee(s) on Community Affairs, Judiciary, and First reading by publication (Art. III, s. 7, Florida Constitution). General Government Appropriations.

Referred to the Committee(s) on Family Law & Children, Children & By Representative Kelly— Families, Crime & Punishment, and Criminal Justice Appropriations. HB 341—A bill to be entitled An act relating to school-entry health By Representatives Effman, Cosgrove, and Trovillion— and vision examinations; amending s. 232.0315, F.S.; requiring children who enter public or nonpublic schools in this state to present evidence HB 335—A bill to be entitled An act relating to traffic control; of having received a comprehensive vision examination; providing an amending s. 316.003, F.S.; defining the term “traffic-infraction exemption; deleting provisions relating to rulemaking authority with detector”; amending s. 316.008, F.S.; authorizing a county or respect to medical examinations; providing an effective date. municipality to enact an ordinance that provides for the use of a traffic- infraction detector to enforce traffic laws that require the driver of a First reading by publication (Art. III, s. 7, Florida Constitution). vehicle to stop when facing a steady red traffic signal; providing for authorization of a traffic-infraction detector officer; requiring the Referred to the Committee(s) on Education/K-12, Health Care Department of Transportation to develop standards for traffic-infraction Services, and Education Appropriations. detector officers; requiring public notice prior to the use of a traffic- By Representative Brooks— infraction detector; providing for fines; requiring that a person be required to attend a driver improvement course following a second HB 343—A bill to be entitled An act relating to end-of-life care; violation of the ordinance; providing that an emergency medical amending ss. 395.1041, 400.142, 400.4255, 400.487, 400.6095, and 42 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

400.621, F.S.; authorizing personnel of hospital emergency services, to interfere with or obstruct a law enforcement officer enforcing the long-term care facilities, assisted living facilities, home health agencies, injunction; providing a penalty; amending s. 787.04, F.S.; providing that hospices, and adult family-care homes to withhold or withdraw it is unlawful for any noncustodial parent or respondent subject to an cardiopulmonary resuscitation pursuant to an order not to resuscitate; injunction for protection against domestic violence or repeat violence to providing for rules; providing certain protection from prosecution and lead, take, entice, or remove a minor from the custodial parent or any liability; amending s. 401.23, F.S.; providing a definition; amending s. child care provider or other person entrusted by the custodial parent 401.245, F.S.; correcting a cross reference; amending s. 401.45, F.S.; with the care of the minor or to conceal the location of the minor, in revising authority of emergency medical technicians and paramedics to violation of the injunction; providing a penalty; reenacting s. 901.15(6), withhold or withdraw resuscitation or life-prolonging techniques; F.S., relating to when an arrest is made by a law enforcement officer providing for rules; directing the Department of Health to develop without a warrant to incorporate said amendment in a reference; standardized do-not-resuscitate identification cards or devices; providing an effective date. authorizing a fee; amending s. 732.912, F.S.; revising provisions relating to who may make anatomical gifts; amending s. 732.914, F.S.; providing First reading by publication (Art. III, s. 7, Florida Constitution). for amendment and revocation of anatomical gifts; amending s. 732.922, Referred to the Committee(s) on Family Law & Children, Judiciary, F.S.; conforming provisions relating to duty of certain hospital and Criminal Justice Appropriations. administrators; amending s.765.101, F.S.; revising definitions; amending s. 765.102, F.S.; revising legislative intent relating to advance By the Committee on Law Enforcement & Crime Prevention; directives; amending s. 765.103, F.S.; providing for effect of existing Representatives Futch, Heyman, and Byrd— advance directives; amending s. 765.104, F.S.; providing for amendment of an advance directive or designation of a surrogate; amending s. HB 349—A bill to be entitled An act relating to possession or 765.110, F.S.; prohibiting certain actions by a health care facility or discharge of weapons or firearms on school property; amending s. provider with respect to a patient’s advance directive; increasing a 790.115, F.S.; requiring a minor charged with certain activities to be penalty; requiring that advance directives become part of patients’ detained in secure detention; requiring a hearing within a time certain; medical records; providing for rules; amending s. 765.113, F.S.; authorizing a court to order continued secure detention for a certain correcting a cross reference; amending s. 765.204, F.S.; revising period; providing requirements for such detention; amending s. 985.215, provisions relating to evaluation of a patient’s capacity to make health F.S.; requiring secure detention care placement for a child charged with care decisions; amending s. 765.205, F.S.; revising responsibilities of the certain activities; authorizing a court to continue detaining a child surrogate; amending s. 765.301, F.S.; correcting a cross reference; charged with certain activities; amending s. 985.227, F.S.; providing for amending s. 765.302, F.S.; revising procedure for making a living will; discretionary direct file for the offense of possessing or discharging amending s. 765.303, F.S.; revising suggested form of a living will; weapons or firearms on school property; providing an effective date. amending s. 765.304, F.S.; revising procedure for implementing a living First reading by publication (Art. III, s. 7, Florida Constitution). will; amending s. 765.305, F.S.; revising procedure in the absence of a living will; amending s. 765.306, F.S.; revising provisions relating to Referred to the Committee(s) on Juvenile Justice and Criminal determination of the patient’s condition; renumbering and amending s. Justice Appropriations. 765.308, F.S.; providing for transfer of a patient under certain circumstances; providing penalties for failure to comply with a patient’s HJR 351—Withdrawn advance directive or the treatment decision of a surrogate; renumbering By Representatives Brummer, Russell, Fiorentino, Prieguez, and amending s. 765.310, F.S.; providing penalties for falsification, Barreiro, and Alexander— forgery, or willful concealment, cancellation, or destruction of an advance directive, or a revocation or amendment thereof; amending s. HB 353—A bill to be entitled An act relating to opticianry; amending 765.401, F.S.; revising provisions relating to who may act as a proxy; s. 484.013, F.S.; authorizing an optician to determine the refractive creating s. 765.404, F.S.; providing conditions for withholding or powers of the human eyes under the direct supervision of a licensed withdrawing life-prolonging procedures for certain persons in a opthalmologist; providing a penalty; providing an effective date. persistent vegetative state; directing the Department of Elderly Affairs to convene a workgroup to develop model advance directive forms; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 395.1027, F.S.; correcting a cross reference; repealing s. 732.916, F.S., relating to amendment or revocation of an anatomical gift; Referred to the Committee(s) on Health Care Licensing & Regulation, providing an effective date. Health Care Services, and Health & Human Services Appropriations.

First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Cosgrove and Posey—

Referred to the Committee(s) on Elder Affairs & Long-Term Care, HJR 355—A joint resolution proposing an amendment to Section 3 of Health Care Services, and Health & Human Services Appropriations. Article VII of the State Constitution, relating to finance and taxation, to allow the Legislature by general law to exclude from assessed value for By Representative Brummer— ad valorem tax purposes value attributable to improvements made for purposes of disaster preparedness. HB 345—A bill to be entitled An act relating to the educational property tax exemption; amending s. 196.198, F.S.; providing First reading by publication (Art. III, s. 7, Florida Constitution). circumstances in which land is considered to be property owned by an Referred to the Committee(s) on Community Affairs, Real Property & educational institution; providing an effective date. Probate, Finance & Taxation, and General Government Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Fasano— Referred to the Committee(s) on Real Property & Probate, Finance & HB 357—A bill to be entitled An act relating to public hospital Taxation, and Education Appropriations. meetings and records; amending s. 395.3035, F.S.; defining “strategic By the Committee on Law Enforcement & Crime Prevention; plan” for purposes of provisions which provide for the confidentiality of Representatives Futch and Heyman— such plans and of meetings relating thereto; providing an exemption from open meetings requirements for meetings at which such plans are HB 347—A bill to be entitled An act relating to domestic violence; modified or approved by the hospital’s governing board; providing for amending s. 741.31, F.S.; providing that it is unlawful for a person future review and repeal; providing conditions for the early release of subject to an injunction for protection against domestic violence to transcripts of meetings at which such plans are discussed; prohibiting refuse to surrender any firearm or ammunition in his or her custody, or public hospitals from taking certain specified actions at closed meetings; March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 43 requiring certain notice; providing a finding of public necessity; an injury under ch. 542, F.S., or part II, ch. 501, F.S., for an unlawful providing an effective date. overcharge for goods or services; providing that passing an unlawful overcharge to others is a partial or complete defense; authorizing the First reading by publication (Art. III, s. 7, Florida Constitution). court to consolidate cases, apportion damages, and delay disbursement of damages; providing for the defendant to receive a setoff against Referred to the Committee(s) on Governmental Operations and damages under certain circumstances; providing for proving and Community Affairs. apportioning damages in a class action; providing an effective date.

HB 359—Withdrawn First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Ritter— Referred to the Committee(s) on Judiciary, Business Regulation & Consumer Affairs, and Criminal Justice Appropriations. HB 361—A bill to be entitled An act relating to partnership filings administered by the Department of State; amending s. 620.8101, F.S.; By the Committee on Health Care Services; Representatives Peaden, defining the terms “foreign limited liability partnership” and “limited Casey, C. Green, Kyle, Byrd, Prieguez, Farkas, Sanderson, Sublette, liability partnership” and redefining the term “statement”; amending ss. Wasserman Schultz, Stansel, Bloom, Albright, and Goode— 620.8103, 620.8105, 620.81055, 620.8106, 620.8201, 620.8303, 620.8304, 620.8306, 620.8307, 620.8701, 620.8702, 620.8703, 620.8704, 620.8801, HB 369—A bill to be entitled An act relating to health care; 620.8805, 620.8806, 620.8807, 620.8903, 620.8906, and 620.8907, F.S.; establishing the Women and Heart Disease Task Force; providing for conforming statutory cross references; providing for registration membership; specifying responsibilities; requiring a report; providing requirements; providing document filing fees; providing for governing for future repeal; providing an appropriation; providing an effective law; providing for partners’ liability; providing for actions for and date. against partners; providing for purchase of dissociated interests; First reading by publication (Art. III, s. 7, Florida Constitution). providing for settlement and contribution; providing for conversions; providing for the effect of merger; creating ss. 620.9001, 620.9002, Referred to the Committee(s) on Insurance and Health & Human 620.9003, 620.9101, 620.9102, 620.9103, 620.9104, 620.9105, and Services Appropriations. 620.187, F.S.; adopting the model act provisions of the limited liability partnership act into the Revised Uniform Partnership Act of 1995; By Representatives Effman and Wasserman Schultz— providing for statement of qualification, name, annual report, statement HB 371—A bill to be entitled An act relating to health insurance; of foreign qualification, effect of failure to qualify, activities not creating the “Equity in Contraceptive Coverage Act of 1999”; providing constituting transacting business, action by Attorney General, and legislative findings and intent; providing requirements with respect to limited liability limited partnerships; amending s. 865.09, F.S.; plans provided by religious health plan sponsors; creating ss. 627.64061 providing for conditions for exemption from fictitious name registration; and 627.65741, F.S., and amending 641.31, F.S.; requiring certain providing for the use of corporate names; redesignating s. 620.90, F.S., health insurance policies and health maintenance contracts to provide as s. 620.9901, F.S., relating to applicability; redesignating s. 620.91, coverage for prescription oral contraceptives; amending s. 627.6515, F.S., as s. 620.9902, F.S., relating to a saving clause; repealing ss. F.S.; applying certain requirements for group coverage to out-of-state 620.78, 620.781, 620.782, 620.783, 620.784, 620.7851, 620.786, 620.787, groups; amending s. 627.6699, F.S.; applying certain requirements for 620.788, 620.7885, 620.7887, and 620.789, F.S., relating to registered group coverage to coverage for small employers; providing an effective limited liability partnerships; providing an effective date. date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Financial Services, Referred to the Committee(s) on Health Care Services, Insurance, Finance & Taxation, and Transportation & Economic Development Governmental Operations, and General Government Appropriations. Appropriations. HB 373—Withdrawn By Representatives Stafford and Heyman— By Representative Constantine— HB 363—A bill to be entitled An act relating to local governments; amending s. 893.138, F.S.; authorizing local governments to take local HB 375—A bill to be entitled An act relating to tax on sales, use, and administrative action to declare certain buildings and premises a public other transactions; amending s. 212.04, F.S.; providing an exemption for nuisance when the building or premises is used on more than two charges for the renting, leasing, or granting a license for the use of occasions in a certain time period to deal in stolen property; providing skyboxes, luxury boxes, or other box seats for certain events imposed by an effective date. not-for-profit sponsoring organizations; providing that no tax imposed on such transactions and not actually paid or collected shall be due from First reading by publication (Art. III, s. 7, Florida Constitution). such an organization; providing an effective date.

Referred to the Committee(s) on Community Affairs, Crime & First reading by publication (Art. III, s. 7, Florida Constitution). Punishment, and Criminal Justice Appropriations. Referred to the Committee(s) on Finance & Taxation and General By Representatives Stafford, Melvin, Wiles, Albright, and Andrews— Government Appropriations.

HB 365—A bill to be entitled An act relating to public school By Representatives Bense, Goode, Maygarden, Futch, Ritter, Logan, curricula; amending s. 233.0612, F.S.; requiring school boards to install Jones, Warner, Flanagan, Rayson, Healey, Fuller, Kelly, Peaden, a program in character development in the elementary schools; Andrews, Waters, Brummer, Ritchie, Russell, Goodlette, Fasano, providing an effective date. Jacobs, and Posey—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 377—A bill to be entitled An act relating to bone marrow transplant procedures; amending s. 627.4236, F.S.; requiring that Referred to the Committee(s) on Education/K-12 and Education coverage for bone-marrow-transplant procedures include costs of the Appropriations. donor patient; providing an effective date.

By Representative Sublette— First reading by publication (Art. III, s. 7, Florida Constitution). HB 367—A bill to be entitled An act relating to antitrust claims; Referred to the Committee(s) on Health Care Services, Insurance, and creating s. 542.195, F.S.; providing that an indirect purchaser may claim General Government Appropriations. 44 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By Representatives Russell, Bense, Fasano, Greenstein, and purposes; amending ss. 849.085 and 849.0931, F.S; including Effman— cooperatives within the provisions of law relating to penny-ante games and bingo; providing an effective date. HB 379—A bill to be entitled An act relating to the sale of dog and cat fur; creating s. 501.151, F.S.; providing that it is unlawful to sell any First reading by publication (Art. III, s. 7, Florida Constitution). item of clothing made in whole or in part from dog or cat fur; providing that it is unlawful to sell any dog or cat pelt; providing penalties; Referred to the Committee(s) on Real Property & Probate, Business amending s. 372.66, F.S.; providing that it is unlawful to engage in the Regulation & Consumer Affairs, and General Government business of a dealer or buyer in the pelts of any dog or cat or to purchase Appropriations. such pelts or furs; prohibiting common carriers from knowingly By Representatives Wasserman Schultz, Edwards, Ritter, Sobel, shipping, transporting, or receiving such pelts; providing penalties; Greenstein, Henriquez, Gottlieb, Casey, and Barreiro— creating s. 828.123, F.S.; prohibiting the killing of a dog or cat with the sole intent of selling or giving away the pelt of the animal; providing a HB 385—A bill to be entitled An act relating to residential swimming third degree felony penalty for violation; prohibiting the possession, pools, spas, and hot tubs; creating ch. 515, F.S., the “Florida Residential import into this state, selling, buying, giving away, or acceptance of any Swimming Pool Safety Act”; providing legislative findings and intent; pelt of a dog or cat with the sole intent of selling or giving away the pelt; providing definitions; providing pool safety feature requirements and providing a first degree misdemeanor penalty for violation; prohibiting options; providing penalties; providing pool barrier requirements; the possession, import into the state, selling, buying, giving away, or providing for a drowning prevention education program and a public acceptance of any dog or cat with the sole intent of killing such dog or information publication; providing for a fee; requiring pool contractors, cat, or having such dog or cat killed, for the purpose of selling or giving home builders, and developers to provide buyers with certain away the pelt of such animal; providing a third degree felony penalty for information; providing rulemaking authority; providing exemptions; violation; providing an effective date. providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture, Crime & Punishment, Referred to the Committee(s) on Governmental Rules & Regulations, and Criminal Justice Appropriations. Community Affairs, Crime & Punishment, and Health & Human Services Appropriations. By Representative J. Miller— By Representatives Crow, Lacasa, Barreiro, Fasano, Crist, Murman, HB 381—A bill to be entitled An act relating to the criminal defense Argenziano, Gottlieb, Greenstein, Sobel, Ogles, Rayson, and Cosgrove— of insanity; creating s. 775.027, F.S.; providing requirements for establishment of insanity defense; defining “mental infirmity, disease, HB 387—A bill to be entitled An act relating to health care service or defect”; specifying conditions that do not constitute legal insanity; programs; amending s. 440.11, F.S.; establishing exclusive liability of providing that the defendant has the burden of proving the insanity health maintenance organizations; providing application; amending s. defense by clear and convincing evidence; providing an effective date. 641.28, F.S.; revising award of attorney’s fees in civil actions under certain circumstances; amending s. 641.3903, F.S.; specifying additional First reading by publication (Art. III, s. 7, Florida Constitution). practices as unfair methods of competition or unfair or deceptive acts or Referred to the Committee(s) on Crime & Punishment, Judiciary, and practices; amending s. 641.3917, F.S.; authorizing civil actions against Criminal Justice Appropriations. health maintenance organizations by certain persons under certain circumstances; providing requirements and procedures; providing for By Representatives Goodlette, Brown, Fasano, Merchant, Jones, liability for damages and attorney’s fees; prohibiting punitive damages Fiorentino, Warner, Cosgrove, Bilirakis, Sublette, Gay, Posey, Waters, under certain circumstances; requiring the advance posting of discovery Ogles, Hafner, Kelly, Farkas, Byrd, Edwards, Harrington, Russell, costs; providing a legislative declaration; providing an appropriation; Kosmas, and Argenziano— providing an effective date.

HB 383—A bill to be entitled An act relating to homeowners’ First reading by publication (Art. III, s. 7, Florida Constitution). associations and cooperatives; amending ss. 607.0802 and 617.0802, Referred to the Committee(s) on Health Care Services, Judiciary, F.S.; providing that certain persons may be deemed members of the Insurance, and General Government Appropriations. association and eligible to serve as a director of a condominium association, cooperative association, homeowners’ association, or mobile By Representatives Cantens, Villalobos, Barreiro, Kyle, Russell, homeowners’ association under certain circumstances; amending s. C. Green, Wilson, Fiorentino, Prieguez, and Byrd— 617.301, F.S.; redefining the term “homeowners’ association” for the purposes of the Florida Not For Profit Corporation Act to include a HB 389—A bill to be entitled An act relating to pretrial detention; mobile home subdivision; providing that provisions currently governed providing a short title; amending s. 907.041, F.S.; revising criteria for by the act relating to the purpose and scope of homeowners’ associations, pretrial detention; permitting the court to order pretrial detention powers and duties, right of owners to peaceably assemble, meetings, under specified circumstances when it finds a substantial probability transition of homeowners’ associations’ control in a community, that a defendant committed the charged crime of DUI manslaughter as assessments and charges, agreements, recreational leaseholds, dispute defined by s. 316.193, F.S., relating to driving under the influence, and resolutions, and covenants would apply to mobile home subdivisions; that the defendant poses the threat of harm to the community; amending s. 719.103, F.S.; defining the terms “special assessment,” specifying certain conditions that would support a finding that the “voting certificate,” and “voting interests” for the purposes of the defendant poses the threat of harm to the community; deleting Cooperative Act; amending s. 719.1035, F.S.; providing that all requirement for additional court findings for pretrial detention; provisions of the cooperative documents are enforceable equitable permitting pretrial detention for any violation of conditions of pretrial servitudes, run with the land, and are effective until the cooperative is release or bond which, in the discretion of the court, supports a finding terminated; amending s. 719.104, F.S.; revising language with respect that no condition of release can reasonably protect the community from to commingling; providing for easements; amending s. 719.1055, F.S.; physical harm, assure the presence of the accused at trial, or assure the revising the amount of votes necessary to amend the cooperative integrity of the judicial process; deleting limitation upon detention documents; providing additional requirements with respect to period when detention is based on threat of harm to the community; amendments; amending s. 719.106, F.S.; providing requirements with authorizing a court to detain a defendant at a bail hearing without respect to insurance and fidelity bonds; creating s. 719.115, F.S.; separate hearing or motion for pretrial detention; authorizing the state providing limitations on liability of unit owners; creating s. 719.116, to orally move for pretrial detention any time the defendant is before the F.S.; providing that cooperatives are residential property for certain court for a bail hearing; providing for construction; reenacting s. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 45

790.065(2)(c), F.S., relating to sale and delivery of firearms, s. 943.0585, HB 399—Withdrawn F.S., relating to court-ordered expunction of criminal history records, and s. 943.059, F.S., relating to court-ordered sealing of criminal history By Representative Ball— records, to incorporate said amendment in references; repealing Rules HB 401—A bill to be entitled An act relating to bond financing; 3.131 and 3.132, Florida Rules of Criminal Procedure, relating to amending s. 159.804, F.S.; establishing an additional region for pretrial release and pretrial detention, to the extent of inconsistency purposes of the allocation of private activity bonds issued in the state; with the act; amending s. 903.31, F.S.; providing for cancellation of bond providing an effective date. under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Referred to the Committee(s) on Crime & Punishment, Judiciary, and Transportation & Economic Development Appropriations. Criminal Justice Appropriations. By Representatives Byrd and Fasano— By the Committee on Law Enforcement & Crime Prevention; Representative Futch— HB 403—A bill to be entitled An act relating to title insurance; amending ss. 626.841, 626.8411, 626.9541, 627.7711, 627.777, 627.7773, HB 391—A bill to be entitled An act relating to criminal justice 627.7776, 627.780, 627.783, 627.7831, 627.784, 627.7841, 627.7842, information; amending s. 943.053, F.S.; providing each office of the 627.7845, 627.786, 627.791, and 627.792, F.S.; revising and clarifying Public Defender on-line access to criminal records which are not exempt application of provisions relating to title insurance agents, policies, from disclosure and not confidential under law; providing an effective premiums, rates, contracts, charges, and practices; amending s. date. 627.7711, F.S.; revising definitions; amending s. 627.782, F.S.; providing a limitation on payment of portions of premiums for primary title First reading by publication (Art. III, s. 7, Florida Constitution). services; providing an effective date. Referred to the Committee(s) on Judiciary and Criminal Justice Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance. By the Committee on Community Colleges & Career Prep; Representatives Harrington, Merchant, Wise, Goodlette, Greenstein, By Representative Goode— Stafford, A. Greene, Kelly, and Bloom— HB 405—A bill to be entitled An act relating to county government; HB 393—A bill to be entitled An act relating to Workforce amending s. 125.61, F.S.; revising requirements relating to the number Development Education; amending s. 236.081; providing for of members of a charter commission and the method of appointment of reimbursement for certain instruction outside the required number of such members; specifying additional persons who may not serve on a school days; amending s. 239.105, F.S.; defining “literacy completion charter commission; providing an effective date. point”; amending s. 239.115, F.S.; providing for adult general education programs to include courses that lead to a literacy completion point; First reading by publication (Art. III, s. 7, Florida Constitution). revising performance output measures for adult general education courses of study; authorizing formulas for the distribution of workforce Referred to the Committee(s) on Community Affairs and development education performance funds to provide performance Governmental Operations. exemptions for new programs; amending s. 239.117, F.S.; revising By Representative Casey— requirements regarding fee schedules for workforce development education; requiring that fees for continuing workforce education be HB 407—A bill to be entitled An act relating to terms of office for locally determined; providing an effective date. members of the Board of Regents; amending s. 240.207, F.S.; revising the terms of office of members of the Board of Regents; providing an First reading by publication (Art. III, s. 7, Florida Constitution). effective date. Referred to the Committee(s) on Education Innovation and Education First reading by publication (Art. III, s. 7, Florida Constitution). Appropriations. Referred to the Committee(s) on Colleges & Universities and By Representative Bullard— Governmental Operations.

HB 395—A bill to be entitled An act relating to juvenile justice By Representative Posey— education and training programs; amending s. 985.315, F.S.; revising the vocational work training programs under the Department of HB 409—A bill to be entitled An act relating to state purchasing; Juvenile Justice to require certain juveniles to participate in an requiring the Department of Management Services to develop and educational/technical or vocational work-related program 7 hours per publish guidelines for state agencies with respect to the purchase of day, 7 days per week; providing an effective date. computer mainframes; establishing minimum requirements; requiring agency adherence to the guidelines; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Juvenile Justice, Corrections, and Criminal Justice Appropriations. Referred to the Committee(s) on Governmental Operations, Governmental Rules & Regulations, and General Government By Representatives Feeney and Greenstein— Appropriations.

HB 397—A bill to be entitled An act relating to tax on sales, use, and By Representatives L. Miller, Wiles, and Posey— other transactions; amending s. 212.08, F.S.; providing an exemption for labor charges for, and parts and materials used in, the repair of HB 411—A bill to be entitled An act relating to the designation of machinery and equipment used to produce tangible personal property at highways; designating various highways in the state as the “Lawton a fixed location by specified industries; providing a schedule for Chiles Trail”; directing the Department of Transportation to erect implementing the exemption; providing an effective date. markers; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business Development & Referred to the Committee(s) on Transportation, Community Affairs, International Trade, Finance & Taxation, and General Appropriations. and Transportation & Economic Development Appropriations. 46 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By Representative Sorensen— By Representative Argenziano—

HB 413—A bill to be entitled An act relating to educational finance; HB 423—A bill to be entitled An act relating to trial testimony amending s. 236.081, F.S.; revising the limitation on the percentage of concerning sexual offenses; amending s. 918.16, F.S.; requiring that the a school district’s total K-12 Florida Education Finance Program court clear the courtroom at the request of a victim during his or her calculation that may be produced by the district’s revenue from required testimony concerning a sexual offense, regardless of the victim’s age or local effort millage; providing an effective date. mental capacity; providing certain exceptions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education/K-12, Education Appropriations, and General Appropriations. Referred to the Committee(s) on Judiciary and Crime & Punishment.

By Representative Morroni— By Representatives Sanderson and Fasano—

HB 415—A bill to be entitled An act relating to optical discs; HB 425—A bill to be entitled An act relating to robbery; amending s. providing definitions; requiring certain manufacturers of optical discs to 812.13, F.S.; redefining the offense of robbery to include robbery by mark the discs with certain information; providing penalties for failure sudden snatching; defining “sudden snatching”; providing for to comply; prohibiting certain activities involving unmarked discs or reclassification of the offense to a higher degree under specified discs on which the mark is altered; providing penalties; prohibiting circumstances when the offender carried a firearm or other deadly certain activities involving altering such marks; providing penalties; weapon; providing penalties; amending s. 921.0022, F.S.; providing for providing an effective date. ranking of robbery by sudden snatching within the level 5 category of the offense severity ranking chart; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business Regulation & Consumer Affairs, Crime & Punishment, and Criminal Justice Appropriations. Referred to the Committee(s) on Crime & Punishment, Judiciary, and Criminal Justice Appropriations. By Representative J. Miller— HB 427—Withdrawn HB 417—A bill to be entitled An act relating to the Brokerage Relationship Disclosure Act; amending s. 475.272, F.S.; revising intent By Representative Greenstein— of the act to eliminate required disclosure of nonrepresentation; repealing s. 475.276, F.S., relating to notice of nonrepresentation; HB 429—A bill to be entitled An act relating to driver licenses; amending s. 475.278, F.S.; providing applicability or nonapplicability of amending s. 322.08, F.S.; revising requirements with respect to brokerage relationship disclosure requirements under the act to various applications for license; providing that the department shall request, real estate transactions; amending s. 475.01, F.S.; eliminating the receive, and exchange certain information with other jurisdictions; definition of the term “first contact,” to conform; amending ss. 475.25, requiring a complete examination of applications prior to the issuance 475.274, 475.2755, 475.2801, and 475.5015, F.S.; correcting cross of a license; providing for rules; authorizing the department to require references, to conform; providing an effective date. the submission of fingerprints; providing an effective date.

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

Referred to the Committee(s) on Business Regulation & Consumer Referred to the Committee(s) on Transportation, Judiciary, Affairs and Real Property & Probate. Governmental Rules & Regulations, and Transportation & Economic Development Appropriations. By Representative Levine— By Representative Lynn— HB 419—A bill to be entitled An act relating to medical malpractice; amending s. 766.207, F.S.; revising language with respect to voluntary HB 431—A bill to be entitled An act relating to drugs, devices, and binding arbitration of medical malpractice claims; providing for the cosmetics; amending s. 499.015, F.S.; providing an exemption from state effect of an offer to submit to voluntary binding arbitration with respect registration requirements for medical devices registered, listed, and to allegations contained in the claimant’s notice of intent letter; revising approved under federal regulations; requiring certain evidence upon language with respect to the arbitration panel; revising language with application to do business in the state; amending s. 499.041, F.S.; respect to qualifications of arbitrators; revising rate of compensation for providing an exemption from the annual product registration fee; medical negligence claims arbitrators; revising language with respect to providing an effective date. damages; deleting language with respect to certain rules; amending s. 766.209, F.S.; revising language with respect to the effect of failure to First reading by publication (Art. III, s. 7, Florida Constitution). offer or accept voluntary binding arbitration; increasing certain damage Referred to the Committee(s) on Health Care Licensing & Regulation, award limits; providing an effective date. Business Regulation & Consumer Affairs, and Health & Human First reading by publication (Art. III, s. 7, Florida Constitution). Services Appropriations.

Referred to the Committee(s) on Judiciary, Insurance, and Health By Representative Ball— Care Services. HB 433—A bill to be entitled An act relating to unauthorized By Representative Lacasa— transmissions on telecommunications frequencies; amending s. 843.165, F.S.; prohibiting an unauthorized person from transmitting over a radio HB 421—A bill to be entitled An act relating to evidence; creating s. frequency assigned to a governmental agency or an emergency medical 90.959, F.S.; providing that evidence of voluntary intoxication is not services provider; providing penalties; providing exceptions; providing admissible for certain purposes; providing an exception; providing an an effective date. effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Utilities & Communications, Referred to the Committee(s) on Crime & Punishment and Judiciary. Governmental Operations, and Community Affairs. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 47

By Representative Kelly— By Representatives Lynn, Chestnut, Waters, Bullard, Jacobs, Sobel, Dennis, and Fasano— HB 435—A bill to be entitled An act relating to accessories after the fact; amending s. 777.03, F.S.; deleting a limitation on certain persons HB 447—A bill to be entitled An act relating to domestic violence; who qualify as accessories after the fact; providing a penalty; providing amending s. 25.385, F.S.; providing for instruction for circuit and county an effective date. judges in domestic violence; redefining the term “domestic violence” for purposes of training provided by the Florida Court Educational Council; First reading by publication (Art. III, s. 7, Florida Constitution). defining “judge who has responsibility for cases of domestic violence”; revising duties of the council; providing for a comprehensive domestic Referred to the Committee(s) on Crime & Punishment, Judiciary, and violence education plan and tools; requiring the council to develop Criminal Justice Appropriations. educational programs on domestic violence; providing the programs may By Representative Bullard— be a part of other programs offered by the Office of State Courts Administrator; providing for maintenance by the office of certain records HB 437—A bill to be entitled An act relating to emergency medical of judicial attendance of such programs; providing for public inspection services; creating s. 401.275, F.S.; providing that emergency medical of the records; providing for inclusion of certain information with respect services licensees shall require persons employed or applying for to the programs in the annual report by the council to the Governor and employment as certified emergency medical technicians or paramedics Legislature; amending s. 39.902, F.S.; conforming certain definitions; to undergo employment screening as provided by law; authorizing amending s. 44.102, F.S.; providing for nonreferral of a case to court- exemptions from disqualification from such employment as provided by ordered family mediation upon the court’s own motion, under specified law; providing an effective date. circumstances; amending s. 61.13, F.S.; prohibiting the court from awarding visitation rights to a parent who has been convicted of a First reading by publication (Art. III, s. 7, Florida Constitution). capital felony or a first-degree felony that involved domestic violence; providing certain exceptions; amending ss. 39.902 and 943.171, F.S.; Referred to the Committee(s) on Health Care Licensing & Regulation, conforming certain definitions; requiring that the Supreme Court Community Affairs, and Health & Human Services Appropriations. through The Florida Bar annually report to the Governor and Legislature on its courses of continuing legal education on domestic By Representative Argenziano— violence; providing an effective date. HB 439—A bill to be entitled An act relating to motor vehicle license First reading by publication (Art. III, s. 7, Florida Constitution). fees; amending s. 320.01, F.S.; redefining the term “for-hire vehicle”; providing an effective date. Referred to the Committee(s) on Judiciary, Family Law & Children, and Criminal Justice Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Warner— Referred to the Committee(s) on Transportation and Insurance. HB 449—A bill to be entitled An act relating to Palm Beach County; By Representative Betancourt— amending ch. 93-367, Laws of Florida, as amended; revising provisions HB 441—A bill to be entitled An act relating to driving under the relating to career service status of employees of the Palm Beach County influence; amending s. 316.193, F.S.; providing a third-degree-felony Sheriff; clarifying provisions which define the minimum service period of employment required for the attainment of career service status; penalty for a third or subsequent conviction for driving under the excluding specified training periods for purposes of calculating influence; increasing present fines and penalties to conform; amending minimum service; providing an effective date. s. 921.0022, F.S.; conforming provisions in the sentencing guidelines; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Crime & Punishment, Corrections, Referred to the Committee(s) on Community Affairs and General and Criminal Justice Appropriations. Government Appropriations.

By Representative Flanagan— By Representative Posey—

HB 443—A bill to be entitled An act relating to trust powers; HB 451—A bill to be entitled An act relating to elections; providing amending s. 660.41, F.S.; excluding certain banks or associations and a short title; providing a statement of legislative intent; amending s. trust companies from a prohibition against exercising certain powers 104.271, F.S.; expanding applicability of the prohibition against making and duties and acting within certain capacities in this state; providing false or malicious charges against, or false statements about, an effective date. candidates; eliminating the requirement of actual malice in the prohibition against making false statements about candidates and First reading by publication (Art. III, s. 7, Florida Constitution). providing for personal liability with respect thereto; clarifying and providing penalties; providing an effective date. Referred to the Committee(s) on Financial Services, Real Property & Probate, and Judiciary. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Kelly— Referred to the Committee(s) on Election Reform and Judiciary.

HB 445—A bill to be entitled An act relating to ad valorem tax HB 453—Withdrawn exemption; amending s. 196.101, F.S.; removing provisions which impose a residency requirement and income limitation with respect to HB 455—Withdrawn the exemption for the homestead of a paraplegic, hemiplegic, or other By Representatives Argenziano, Dockery, K. Smith, and Feeney— totally and permanently disabled person who must use a wheelchair for mobility or who is legally blind; repealing s. 196.011(9)(b), F.S., which HB 457—A bill to be entitled An act relating to motorcycle riders; specifies the filing deadline for the income statement required in amending s. 316.211, F.S.; exempting persons of a specified age from connection with said income limitation; providing an effective date. certain safety equipment requirements; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Finance & Referred to the Committee(s) on Insurance, Transportation, and Taxation, and General Government Appropriations. Health & Human Services Appropriations. 48 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By Representative Jacobs— damages sustained as a result of the negligence of the Department of Children and Family Services, formerly the Department of Health and HB 459—A bill to be entitled An act relating to hate crimes; amending Rehabilitative Services; providing an effective date. s. 775.085, F.S.; including gender within a list of prejudices considered to be an element of a hate crime; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution).

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

Referred to the Committee(s) on Crime & Punishment and Criminal By Representative Wilson— Justice Appropriations. HB 471—A bill to be entitled An act relating to minority history; By Representative Morroni— amending s. 233.061, F.S.; revising provisions relating to authorized HB 461—A bill to be entitled An act relating to health care contracts; instruction regarding the history of African Americans; amending s. amending s. 627.419, F.S.; providing that health insurance policies that 233.09, F.S., relating to duties of state instructional materials provide certain benefits must pay for the services of advanced registered committees; requiring instructional materials recommended for nurse practitioners; providing an effective date. adoption to include historical data related to the contributions of African Americans, Hispanics, and women; amending s. 233.34, F.S.; First reading by publication (Art. III, s. 7, Florida Constitution). prohibiting funds from the instructional materials allocation from being Referred to the Committee(s) on Insurance and Health Care Services. used for the purchase of instructional materials not on the state-adopted list which do not include historical data related to the contributions of By Representatives Morroni, Ogles, and Murman— African Americans, Hispanics, and women; providing an effective date.

HB 463—A bill to be entitled An act relating to pharmacy practice; First reading by publication (Art. III, s. 7, Florida Constitution). creating s. 465.0075, F.S.; authorizing licensure of pharmacists by endorsement and providing requirements therefor, including a fee; Referred to the Committee(s) on Education Innovation, Education/ providing an effective date. K-12, and Education Appropriations.

First reading by publication (Art. III, s. 7, Florida Constitution). HB 473—Withdrawn

Referred to the Committee(s) on Health Care Licensing & Regulation, By Representative Greenstein— Governmental Rules & Regulations, and Health & Human Services Appropriations. HB 475—A bill to be entitled An act relating to the Fair Housing Act; amending s. 760.29, F.S.; reaffirming existing legislative intent that a By Representative Minton— housing facility or community may qualify as housing for older persons despite specified provisions in the document which governs deed HB 465—A bill to be entitled An act relating to grant proposals for community centers; authorizing the Department of Community Affairs restrictions pertaining to that facility or community; providing to administer a grant program for funding the acquisition, renovation, legislative purpose; providing for retroactive applicability; providing an or construction of community centers; authorizing counties, effective date. municipalities, and certain nonprofit corporations to apply for such First reading by publication (Art. III, s. 7, Florida Constitution). grants; requiring that a grant recipient provide certain matching funds; providing for preference to be given to certain projects; providing Referred to the Committee(s) on Community Affairs, Real Property & requirements for grant recipients; providing for a review panel to review Probate, and Elder Affairs & Long-Term Care. grant applications; providing for membership of the review panel and terms of office; requiring the review panel to annually recommend grant By the Committee on Education Innovation; Representatives Melvin, recipients to the Secretary of Community Affairs; providing that the Patterson, Alexander, Bush, Bullard, Gottlieb, and Cantens— department may not allocate a project grant unless the funds are appropriated by the Legislature; authorizing the Department of HB 477—A bill to be entitled An act relating to instructional Community Affairs to adopt rules; providing an effective date. technology; amending s. 229.603, F.S.; providing requirements for school technology plans; requiring the Department of Education to First reading by publication (Art. III, s. 7, Florida Constitution). develop technology capability thresholds; requiring the adoption of Referred to the Committee(s) on Community Affairs, Governmental district technology plans; revising requirements relating to the Rules & Regulations, and Transportation & Economic Development distribution and use of technology funding; eliminating provisions Appropriations. relating to technology grants and grant administration; revising the content of an annual report; creating s. 229.604, F.S., relating to access By Representative Sembler— to technology tools; requiring the Department of Education to develop a plan to increase student access to technology; amending s. 229.8041, HB 467—A bill to be entitled An act relating to hunting and fishing; F.S.; revising Department of Education actions regarding educational amending s. 372.561, F.S.; deleting an exemption from hunting and computing to include conducting evaluations regarding the achievement fishing license fees; amending s. 372.57, F.S.; providing license fee of technology thresholds; amending s. 231.17, F.S.; revising minimum exemptions for certain disabled persons; deleting a 3-day nonresident competencies for teacher certification relating to technology; providing fishing license; creating s. 372.5711, F.S.; providing for review of hunting and fishing license and permit fees and exemptions; providing an effective date. an effective date. First reading by publication (Art. III, s. 7, Florida Constitution).

First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education/K-12 and Education Referred to the Committee(s) on Water & Resource Management, Appropriations. Community Affairs, Finance & Taxation, and General Government By Representative Levine— Appropriations.

By Representative Sembler— HB 479—A bill to be entitled An act relating to code enforcement; amending s. 162.09, F.S.; authorizing certain counties or municipalities HB 469—A bill to be entitled An act for the relief of Joseph Bellamy to adopt ordinances granting code enforcement boards or special Farver; providing an appropriation to compensate him for injuries and masters authority to impose certain fines in excess of those authorized March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 49 by law; specifying limitations; providing requirements; providing an requiring a license to operate a body-piercing salon and a temporary effective date. license to operate a temporary establishment; providing licensing procedures and fees; providing requirements with respect to body First reading by publication (Art. III, s. 7, Florida Constitution). piercing of minors; prohibiting certain acts; providing penalties; Referred to the Committee(s) on Community Affairs, Judiciary, Crime providing for injunction; providing for enforcement; providing & Punishment, and Transportation & Economic Development rulemaking authority; providing specific requirements for operation of Appropriations. body-piercing salons; providing an effective date.

By Representative Murman— First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care Licensing & Regulation, HB 481—A bill to be entitled An act relating to the protection of Business Regulation & Consumer Affairs, Governmental Rules & children; creating the “Kayla McKean Child Protection Act”; providing Regulations, and Health & Human Services Appropriations. legislative intent; providing an effective date. By Representative Ball— First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Family Law & Children, Children & HB 491—A bill to be entitled An act relating to litigation settlements; Families, and Health & Human Services Appropriations. amending s. 69.081, F.S.; revising the Sunshine in Litigation Act to remove an exception for certain municipal or county settlements; By Representative Wallace— repealing s. 164.106, F.S., relating to public hearing or meeting before settlement with respect to certain municipal or county settlements; HB 483—A bill to be entitled An act relating to the State University providing an effective date. System; creating s. 240.6065, F.S.; establishing industrial partnership professorships as a classification of instructional personnel within the First reading by publication (Art. III, s. 7, Florida Constitution). State University System; providing that such professorships shall be Referred to the Committee(s) on Claims and Community Affairs. established by contract; specifying length of term for such contract; providing for contract renewal and specifying length of term of renewal; By Representative Ball— providing for contract specifications; providing for contribution by sponsoring corporations; specifying percentage of such contribution; HM 493—House Memorial A memorial to the Congress of the United providing for credit against the corporate income tax for contributions States, urging action by the U.S. Department of the Army, Corps of made by a sponsoring corporation; creating s. 220.192, F.S.; providing a Engineers, Jacksonville Division, and Region IV of the Environmental credit against the corporate income tax for contributions made by a Protection Agency, relating to wetland jurisdiction. corporation sponsoring an industrial partnership professorship; providing for carryover of the credit; amending s. 220.02, F.S.; providing First reading by publication (Art. III, s. 7, Florida Constitution). order of credits against the tax; providing an effective date. Referred to the Committee(s) on Environmental Protection and Water & Resource Management. First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Colleges & Universities, Finance & By Representative Boyd— Taxation, and Education Appropriations. HB 495—A bill to be entitled An act relating to education; amending By Representative Hart— s. 232.425, F.S., relating to student standards for participation in interscholastic extracurricular student activities; providing that the HB 485—A bill to be entitled An act relating to criminal law; creating participation of nonpublic school students in interscholastic s. 90.4051, F.S.; prohibiting consideration of evidence of a defendant’s extracurricular activities at public schools and the participation of voluntary intoxication to determine the existence of a mental state that public school students in interscholastic extracurricular activities at is an element of a crime; creating s. 775.0852, F.S.; requiring that an nonpublic schools is not mandatory; revising provisions relating to the enhanced penalty be imposed if the victim of a felony is related by lineal grade point average required for participation in interscholastic consanguinity to the defendant or is the defendant’s legal guardian; extracurricular student activities; requiring a contract to be executed providing an effective date. upon a student’s falling below a certain cumulative grade point average; amending s. 232.61, F.S., relating to bylaws relating to student First reading by publication (Art. III, s. 7, Florida Constitution). eligibility adopted by the governing organization for athletics; providing an effective date. Referred to the Committee(s) on Crime & Punishment, Judiciary, and Criminal Justice Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Hafner and Sanderson— Referred to the Committee(s) on Education/K-12 and Education Appropriations. HB 487—A bill to be entitled An act relating to developmental disabilities; creating s. 393.0661, F.S.; providing for developmental By Representatives Logan and Lynn— services waiver programs; requiring Medicaid provider agreements; providing for rulemaking; authorizing the Department of Children and HB 497—A bill to be entitled An act relating to the executive branch Family Services to accept inspections by accrediting organizations in of state government; amending ss. 20.21 and 20.37, F.S.; providing that lieu of its own inspections for licensure; providing for life-safety and the head of the Department of Revenue and the Department of Veterans’ other type inspections; providing an effective date. Affairs shall be a secretary appointed by the Governor, subject to confirmation by the Senate; amending s. 20.10, F.S.; repealing s. 20.24, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; creating s. 20.241, F.S.; abolishing the Department of Highway Safety and Motor Vehicles and creating a Department of Highway Referred to the Committee(s) on Health Care Services, Governmental Safety; transferring the Division of Driver Licenses and Division of Rules & Regulations, and Health & Human Services Appropriations. Motor Vehicles to the Department of State; transferring the Florida By Representative Valdes— Highway Patrol to the Department of Highway Safety; providing for transfer of positions and trust funds and for interagency agreements; HB 489—A bill to be entitled An act relating to public health; creating providing for availability of driver’s license information to the s. 381.0075, F.S.; providing for regulation of body-piercing salons by the Department of Highway Safety; directing that reviser’s bills be prepared Department of Health; providing definitions; providing exemptions; to conform the Florida Statutes; amending s. 322.125, F.S.; providing for 50 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 appointment of members of the Medical Advisory Board within the Enhancement Trust Fund; creating s. 231.64, F.S.; creating the Project Department of State by the Secretary of State; amending ss. 20.32, Teach Tuition Reimbursement Program; providing eligibility 947.02, 947.021, 947.03, and 947.04, F.S.; providing for appointment of requirements; providing for funding and distribution of funds; providing the Parole Commission, parole qualifications committees, and officers an effective date. thereof by the Governor, rather than the Governor and Cabinet; amending s. 110.181, F.S.; providing for appointment of seven members First reading by publication (Art. III, s. 7, Florida Constitution). of the Florida State Employees’ Charitable Campaign steering Referred to the Committee(s) on Education Innovation, Colleges & committee by the Governor and Cabinet members rather than the Universities, and Education Appropriations. Administration Commission; amending ss. 110.112, 110.161, 110.209, 110.21, 110.211, and 110.219, F.S.; removing the requirement that the By Representatives Russell, Murman, and Fasano— Administration Commission approve rules relating to agency affirmative action plans, the pretax benefits program, pay plans, shared HB 503—A bill to be entitled An act relating to driving under the employment, recruitment, and attendance and leave; amending s. influence; amending s. 316.192, F.S.; providing that any person 110.1225, F.S.; providing that the Governor, rather than the convicted of driving under the influence must, in addition to any other Administration Commission, may propose employee furlough plans; penalties provided by law, complete a substance abuse education course providing that a Cabinet member may propose such plans for his or her conducted by a licensed DUI program, including a psychosocial agency; amending s. 110.205, F.S.; removing the requirement that the evaluation, and, if referred, substance abuse treatment; amending s. Administration Commission approve certain positions exempt from the 316.193, F.S.; providing that any person convicted of driving under the Career Service System; amending s. 110.209, F.S.; providing that the influence must, in addition to any other penalties provided by law, Governor, rather than the Administration Commission, shall review complete a substance abuse education course conducted by a licensed actions relating to pay grade assignments; amending s. 112.175, F.S.; DUI program, including a psychosocial evaluation, and, if referred, providing that the Department of Management Services, rather than substance abuse treatment; amending s. 322.271, F.S.; providing that the Administration Commission, shall adopt rules relating to any person convicted of driving under the influence must, in addition to withholding of wages to repay educational loans; amending ss. 215.18 any other penalties provided by law, complete a substance abuse and 215.32, F.S.; providing that the Governor, rather than the education course conducted by a licensed DUI program, including a Administration Commission, shall order certain transfers between psychosocial evaluation, and, if referred, substance abuse treatment; funds and approve trust fund consolidations; amending ss. 216.177, amending s. 322.291, F.S.; providing that any person convicted of 216.179, 216.181, 216.182, 216.192, 216.195, 216.221, 216.231, 216.241, driving under the influence must, in addition to any other penalties 216.251, 216.262, 216.292, and 240.513, F.S.; providing that the provided by law, complete a substance abuse education course Governor, rather than the Administration Commission, shall have conducted by a licensed DUI program, including a psychosocial responsibilities in the following areas relating to appropriations and evaluation, and, if referred, substance abuse treatment; amending s. budgeting: appropriations act review and objection procedures, 322.292, F.S.; providing criteria for the granting of DUI program authorization of expenditures, amendments to approved operating licenses and deleting obsolete language; authorizing a fee; providing an budgets, review of determinations relating to fixed capital outlay effective date. program plans, review of plans for releases of funds, impoundment of funds, implementing certain deficit reduction plans, release of funds First reading by publication (Art. III, s. 7, Florida Constitution). classified as “deficiency,” approval of new programs or program changes, setting of certain salaries, certain adjustments to authorized positions, Referred to the Committee(s) on Transportation, Judiciary, Finance & and authorization of certain fund transfers; amending s. 195.087, F.S.; Taxation, and Criminal Justice Appropriations. removing provisions which allow property appraisers to appeal budget decisions to the Administration Commission; amending s. 213.055, F.S.; By Representative Russell— providing that the Governor, rather than the Governor and Cabinet, HB 505—A bill to be entitled An act relating to taxpayers’ rights; may grant certain fuel tax refunds in an emergency; amending s. creating s. 213.023, F.S.; requiring the Department of Revenue to 336.025, F.S.; providing that the Governor, rather than the respond in writing to taxpayers’ questions within a specified period; Administration Commission, shall resolve disputes relating to requiring the department to maintain a log of questions and responses; determination of distribution proportions for the local option fuel tax for providing that a taxpayer may rely on a written response; prohibiting county transportation systems; amending ss. 212.0599, 213.065, and imposition of tax, interest, or penalty in specified circumstances; 213.066, F.S.; removing references to adoption by the Governor and amending s. 213.015, F.S.; adding a cross-reference; providing an Cabinet of certain implementing rules of the Department of Revenue; effective date. amending ss. 161.101 and 366.055, F.S.; providing that the Governor, rather than the Governor and Cabinet, shall have responsibility for First reading by publication (Art. III, s. 7, Florida Constitution). declaration of a shoreline emergency and declaration of an energy emergency; amending s. 339.135, F.S.; removing responsibilities of the Referred to the Committee(s) on Finance & Taxation and General Administration Commission with respect to approval of proposed Government Appropriations. amendments by the Department of Transportation to an adopted work program when objection has been made thereto; amending s. 945.6035, By Representatives Waters, Jones, and Fasano— F.S.; providing for appeals to the Governor, rather than the HB 507—A bill to be entitled An act relating to tax on sales, use, and Administration Commission, for resolution of disputes between the other transactions; amending s. 212.02, F.S.; exempting dues and fees Department of Corrections and the Correctional Medical Authority; paid to private physical fitness facilities from said tax; providing an providing effective dates. effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Governmental Operations, Transportation, Community Affairs, and General Appropriations. Referred to the Committee(s) on Business Development & International Trade, Finance & Taxation, and General Government HB 499—Withdrawn Appropriations.

By Representative Ritchie— By Representatives Kilmer, Fasano, Brummer, Hart, and Cantens—

HB 501—A bill to be entitled An act relating to personnel of the school HB 509—A bill to be entitled An act relating to license plates; system; amending s. 24.121, F.S.; providing for funding of the Project amending ss. 320.08056 and 320.08058, F.S.; creating a Choose Life Teach Tuition Reimbursement Program from the Educational license plate; providing for the distribution of annual use fees received March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 51 from the sale of such plates; providing certain limitations on the use of meeting requirements, when specified criteria are met; providing an such funds; providing a contingent effective date. effective date.

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

Referred to the Committee(s) on Transportation, Finance & Taxation, Referred to the Committee(s) on Governmental Operations and and Transportation & Economic Development Appropriations. Health Care Services. By Representative Sembler— By Representative Logan— HB 519—A bill to be entitled An act relating to spring training HB 511—A bill to be entitled An act relating to public records; franchise facilities; amending s. 125.0104, F.S.; providing that the creating s. 365.174, F.S.; providing an exemption from public records additional local option tourist development taxes presently authorized requirements for certain records which identify persons who request to finance the construction or renovation of a professional sports emergency services by accessing an E911 telephone number; providing franchise facility may also be used to finance the acquisition, an exemption from public records requirements for certain proprietary construction, or renovation of a retained spring training franchise and confidential information submitted to the Wireless 911 Board or the facility; correcting a reference; amending s. 288.1162, F.S.; providing for Department of Management Services by providers of wireless 911 certification of retained spring training franchise facilities by the Office services; providing for future review and repeal; providing a finding of of Tourism, Trade, and Economic Development; providing a definition; public necessity; providing a contingent effective date. providing certification requirements; providing for use of funds distributed pursuant to s. 212.20, F.S., to such facilities; excluding new First reading by publication (Art. III, s. 7, Florida Constitution). and retained spring training franchise facilities from the limitation on the number of sports facilities that may be certified under s. 288.1162, Referred to the Committee(s) on Utilities & Communications, F.S.; amending s. 212.20, F.S.; providing for a monthly distribution of a Community Affairs, Governmental Operations, and General portion of revenues under ch. 212, F.S., to certified retained spring Government Appropriations. training franchise facilities for a specified period; providing an effective date. By Representative Logan— First reading by publication (Art. III, s. 7, Florida Constitution). HB 513—A bill to be entitled An act relating to trust funds; creating s. 365.173, F.S.; creating the Wireless Emergency Telephone System Referred to the Committee(s) on Tourism, Finance & Taxation, and Fund within the Department of Management Services; providing Transportation & Economic Development Appropriations. criteria for the fund; providing for distribution and use of moneys in the By Representatives Casey and Lynn— fund; requiring the Auditor General to annually audit the fund; requiring a report; providing a contingent effective date. HB 521—A bill to be entitled An act relating to the Florida Independent Living Council; amending s. 413.395, F.S.; authorizing the First reading by publication (Art. III, s. 7, Florida Constitution). Florida Independent Living Council to incorporate as a corporation not for profit; allowing an increase in the number of its members; amending Referred to the Committee(s) on Utilities & Communications, prerequisites to the Governor’s appointment of council members; Community Affairs, Governmental Operations, and General providing an effective date. Government Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative C. Green— Referred to the Committee(s) on Health Care Services. HB 515—A bill to be entitled An act relating to letters of credit under the Uniform Commercial Code; amending ss. 675.101, 675.102, 675.103, By Representatives Logan, Fasano, Cosgrove, Wiles, Brown, Morroni, and Heyman— 675.104, 675.105, 675.106, 675.107, 675.108, 675.109, 675.110, 675.111, 675.112, 675.113, 675.114, 675.115, 675.116, and 675.117, F.S.; revising HB 523—A bill to be entitled An act relating to tax on sales, use, and article 5 of the Uniform Commercial Code relating to letters of credit; other transactions; amending s. 212.08, F.S.; providing an exemption for providing scope, application, effect; providing definitions; providing personal or real property purchased or leased for use in the operation of formal requirements; providing that consideration is unnecessary; a television broadcasting station that meets specified criteria; requiring providing for issuance, amendment, cancellation, and duration; return of tax refunds plus interest and penalties if certain criteria are specifying rights and obligations of confirmers, nominated persons, and not met; providing limitations; providing an effective date. advisers; providing issuer’s rights and obligations; providing procedures for counteracting fraud and forgery; specifying certain warranties; First reading by publication (Art. III, s. 7, Florida Constitution). providing remedies; providing for transfers of letters of credit; providing Referred to the Committee(s) on Utilities & Communications, Finance for transfers by operation of law; providing for assignment of proceeds & Taxation, and General Government Appropriations. of letters of credit; providing a statute of limitations; providing for a choice of law and forum; providing for subrogation of issuers, applicants, By Representative Eggelletion— and nominated persons; providing applications; amending ss. 671.105, HB 525—A bill to be entitled An act relating to the City of Hialeah; 672.512, 679.103, 679.104, 679.105, 679.106, 679.304, and 679.305, F.S., providing for the relief of Jose Pena, as Personal Representative of the to conform; providing an effective date. Estate of Carmen Pena, deceased, and individually, as surviving father of Katherine Pena and Richard Pena, minor children of Carmen Pena First reading by publication (Art. III, s. 7, Florida Constitution). and Jose Pena, deceased; providing for the relief of Johammes Pena, Referred to the Committee(s) on Judiciary and Financial Services. surviving son of Carmen Pena; providing for an appropriation to compensate them for the death of Carmen Pena, Katherine Pena, and By Representative Sembler— Richard Pena as a result of the negligence of the City of Hialeah; providing an effective date. HB 517—A bill to be entitled An act relating to public records and meetings; repealing s. 395.3036, F.S., which provides that the records of Proof of publication of the required notice was attached. a private corporation that leases a public hospital or other public health First reading by publication (Art. III, s. 7, Florida Constitution). care facility are exempt from public records requirements, and the meetings of the corporation’s governing board are exempt from public Referred to the Committee(s) on Claims. 52 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By Representative Gay— providing for mortgage lender branch office licenses; increasing a license fee; clarifying language; amending s. 494.0062, F.S.; providing for HB 527—A bill to be entitled An act relating to the City of Sanibel; correspondent mortgage lender branch office licenses; increasing a providing for the relief of Jeremy Stewart; providing for an license fee; clarifying language; amending s. 494.0064, F.S.; providing appropriation to compensate him for injuries and damages sustained as for renewal of certain licenses; increasing license renewal fees; a result of the negligence of the City of Sanibel; providing an effective providing for reversion of licenses to inactive status; deleting an date. automatic license expiration provision; amending s. 494.0066, F.S.; requiring mortgage lender and correspondent mortgage lender branch Proof of publication of the required notice was attached. office licenses; increasing license fees; amending s. 494.0067, F.S.; First reading by publication (Art. III, s. 7, Florida Constitution). requiring display of certain licenses; requiring registration of loan originators; requiring certain information relating to loan originators; Referred to the Committee(s) on Claims. amending s. 494.0072, F.S.; revising a list of certain acts constituting grounds for disciplinary action; clarifying application of certain By Representative Frankel— disciplinary actions; amending s. 494.0073, F.S.; providing for mortgage lenders or correspondent mortgage lenders to act as mortgage brokerage HB 529—A bill to be entitled An act relating to Palm Beach County; businesses; repealing s. 494.0037, F.S., relating to books, accounts, and providing for the relief of Robert Rosado for injuries sustained due to the records; providing effective dates. negligence of the county; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Proof of publication of the required notice was attached. Referred to the Committee(s) on Financial Services, Business First reading by publication (Art. III, s. 7, Florida Constitution). Regulation & Consumer Affairs, Finance & Taxation, and General Referred to the Committee(s) on Claims. Government Appropriations.

By Representatives Fiorentino and Fasano— By Representative C. Green—

HM 531—A memorial to the Congress of the United States, urging HB 535—A bill to be entitled An act relating to to banking; amending Congress to provide the State of Florida with information available to s. 655.0385, F.S.; authorizing the Department of Banking and Finance the United States Government regarding any Florida resident who is to exempt certain financial institutions from certain notice classified as a United States POW/MIA. requirements under certain circumstances; authorizing the department to adopt rules; amending s. 655.948, F.S.; clarifying conditions under First reading by publication (Art. III, s. 7, Florida Constitution). which the department may exempt certain financial institutions from certain notice requirements; specifying continued application of such Referred to the Committee(s) on Community Affairs. notice requirements to certain financial institutions; amending s. 658.26, F.S.; authorizing certain financial institutions to establish By Representative Goode— branches without being subject to certain requirements under certain HB 533—A bill to be entitled An act relating to mortgage brokers and circumstances; providing an effective date. lenders; amending s. 494.001, F.S.; revising definitions; amending s. First reading by publication (Art. III, s. 7, Florida Constitution). 494.0012, F.S.; requiring the Department of Banking and Finance to charge a fee for certain examinations; deleting a limitation on aggregate Referred to the Committee(s) on Financial Services and amount of examination fees; requiring the department to conduct Governmental Rules & Regulations. certain examinations in this state; providing an exception; revising travel expense and per diem subsistence requirements for licensees; By Representatives Hart and Fasano— amending s. 494.00125, F.S.; deleting references to registrations and HB 537—A bill to be entitled An act relating to the tax on sales, use, permits; amending s. 494.0016, F.S.; specifying department prescription and other transactions; amending s. 212.0515, F.S.; revising the by rule of certain required information; creating s. 494.00165, F.S.; calculation of taxes on food, beverages, and other items of tangible prohibiting certain advertising activities; requiring a record of certain personal property sold from vending machines; eliminating the advertisements; amending s. 494.0025, F.S.; deleting certain prohibited requirement for a certificate; eliminating a monetary penalty; providing advertising activities; prohibiting payment of a mortgage transaction an effective date. fee or commission to other than certain actively licensed persons; amending s. 494.0031, F.S.; providing for licensure of mortgage First reading by publication (Art. III, s. 7, Florida Constitution). brokerage business branches; increasing license fees; deleting references to registrations and permits; amending s. 494.0032, F.S.; Referred to the Committee(s) on Finance & Taxation and General providing for renewal of branch licenses; increasing license renewal fees; Government Appropriations. providing for reversion of licenses to inactive status under certain By Representative Rayson— circumstances; providing for reactivation of licenses; providing for a reactivation fee; amending s. 494.0033, F.S.; specifying an application HB 539—A bill to be entitled An act relating to forestry; providing fee; clarifying language; amending s. 494.00331, F.S.; prohibiting definitions; defining “champion tree” and “candidate champion tree” for simultaneous multiple licensures; amending s. 494.0034, F.S.; deleting purposes of the act; providing legislative intent; requiring the Division an automatic license expiration provision; clarifying language; of Forestry of the Department of Agriculture and Consumer Services to amending s. 494.0036, F.S.; requiring a license to operate a mortgage develop and maintain a registry of champion and candidate champion brokerage business branch office; requiring display of licenses; trees; providing procedure for proposal of inclusion of a tree to the amending s. 494.0038, F.S.; clarifying the timing of certain disclosures; registry; providing for specified notice by the division; providing amending s. 494.0039, F.S.; revising mortgage brokerage business procedure for approval of a candidate champion tree for inclusion on the principal place of business requirements; amending s. 494.0038, F.S.; registry; requiring protection of proposed champion and proposed amending s. 494.004, F.S.; including pleas of nolo contendere to certain candidate champion trees during specified periods; prohibiting the crimes within certain licensee reporting requirements; requiring taking of champion or candidate champion trees on the registry; licensees to report conviction or pleas of nolo contendere to felonies; providing exceptions; providing conditions under which the division requiring licensees to provide the department with certain information shall issue a permit for such taking; prohibiting the trimming and relating to associated mortgage brokers; requiring the department to pruning of champion or candidate champion trees; providing exceptions; adopt certain rules; amending s. 494.0041, F.S.; revising the list of acts prohibiting certain actions related to propagation of champion or constituting grounds for disciplinary action; amending s. 494.0061, F.S.; candidate champion trees; providing exceptions; providing that March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 53 ownership of champion or candidate champion trees located on public or if the motor vehicle is driven by a person under the influence of alcohol private lands remains with the landowner, subject to a declared public or drugs and the person’s license is suspended as a result of a prior trust in such trees; authorizes taking of such trees by a private conviction for driving under the influence; requiring that notification of landowner only in compliance with the act; requiring certain notice; the impoundment or seizure be sent to the Department of Highway authorizing the division to manage or cooperate in specified projects and Safety and Motor Vehicles; amending s. 932.701, F.S., relating to conduct or contract for certain research; authorizing the division to definitions with respect to the Florida Contraband Act; redefining the establish programs and enter into cooperative agreements; providing for term “contraband article” to conform to changes made by the act; the establishment of rules; providing civil fines and remedies; providing reenacting s. 932.703, F.S., relating to forfeiture of contraband articles, a penalty for violation of the act; providing an effective date. to incorporate the amendment to s. 932.701, F.S., in references; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Agriculture, Judiciary, and General Government Appropriations. Referred to the Committee(s) on Judiciary, Finance & Taxation, and Criminal Justice Appropriations. By Representative Ritter— By Representative Wallace— HB 541—A bill to be entitled An act relating to the turnpike system; amending s. 338.231, F.S.; directing the Department of Transportation HJR 551—A joint resolution proposing amendments to Section 1 of to provide described fees to be paid for the use of the Florida Turnpike Article VII and Section 21 of Article XII of the State Constitution with respect to certain motorcycles; providing an effective date. relating to a limitation on state appropriations.

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

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

By Representative Wasserman Schultz— By Representative Argenziano— HB 553—A bill to be entitled An act relating to developments of HB 543—A bill to be entitled An act relating to school personnel; regional impact; amending s. 380.0651, F.S.; requiring construction and amending s. 231.02, F.S.; providing for access to the Florida Crimes demolition landfills to undergo development-of-regional-impact review; Information Telecommunications Network for background checks of providing an effective date. school personnel; providing for the cost of background checks; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs and Environmental Protection. Referred to the Committee(s) on Education/K-12, Judiciary, and Education Appropriations. By Representative Bloom—

By Representatives Sublette, Goode, and Posey— HB 555—A bill to be entitled An act relating to pawnbroking, secondhand dealers, and stolen property; amending s. 539.001, F.S.; HB 545—A bill to be entitled An act relating to tax on sales, use, and providing that the Division of Consumer Services of the Department of other transactions; amending s. 212.02, F.S.; providing that a sale for Agriculture and Consumer Services must approve the design and format resale includes the sale of certain tangible personal property used or of pawnbroker transaction forms in consultation with the Florida consumed by a government contractor in performance of a contract with Department of Law Enforcement; revising recordkeeping requirements the United States Department of Defense or the National Aeronautics for pawnbrokers to provide that the sheriff or the director of the and Space Administration under certain conditions; providing intent; department of public safety is designated as the central repository for amending s. 212.06, F.S.; providing an exemption for sales to or use by copies of all pawnbroker transaction forms collected by the appropriate a government contractor of overhead materials used or consumed in law enforcement official in the county; providing for submission of performance of such a contract under certain conditions; providing pawnbroker transaction forms to the sheriff or public safety director definitions; providing a schedule for implementing the exemption; upon request; providing for a statewide system for collecting and providing intent; providing an effective date. accessing pawnshop ticket and secondhand dealer information; First reading by publication (Art. III, s. 7, Florida Constitution). requiring the Florida Sheriffs’ Association Statewide Task Force to administer the system; providing authorized law enforcement officials Referred to the Committee(s) on Business Development & access to the Florida Sheriffs’ Association Property Recovery Database; International Trade, Finance & Taxation, and Transportation & designating the sheriffs or public safety directors as central repositories Economic Development Appropriations. responsible for all pawnshop ticket and secondhand dealer information collected in each county; requiring the sheriffs or public safety directors By Representative Lawson— to transfer such information to the statewide property recovery database; providing for the establishment of standards and HB 547—A bill to be entitled An act relating to the Florida requirements with respect to the transfer of such information; providing Retirement System; amending ss. 121.021 and 121.052, F.S.; providing for access and approval fees; amending s. 538.04, F.S.; providing for that members in the system shall be vested after 5 years of creditable electronic transfer of transactions of secondhand goods; authorizing the service; providing an effective date. appropriate law enforcement agency to provide a secondhand dealer First reading by publication (Art. III, s. 7, Florida Constitution). with a computer and necessary equipment for the electronic transfer of transactions of secondhand goods; providing procedures with respect to Referred to the Committee(s) on Governmental Operations, General the electronic transfer of transactions of secondhand goods; providing an Government Appropriations, and General Appropriations. effective date.

By Representative Ogles— First reading by publication (Art. III, s. 7, Florida Constitution). HB 549—A bill to be entitled An act relating to driving under the Referred to the Committee(s) on Law Enforcement & Crime influence of alcohol or drugs; amending s. 322.34, F.S.; providing that a Prevention, Business Regulation & Consumer Affairs, and Criminal motor vehicle is subject to forfeiture under the Florida Contraband Act Justice Appropriations. 54 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By Representative Chestnut— F.S.; correcting cross references and revising language, to conform; reenacting s. 106.19(1)(a), F.S., relating to penalties applicable to HB 557—A bill to be entitled An act relating to the Department of acceptance of contributions in excess of the limits provided by law, to Highway Safety and Motor Vehicles; amending s. 324.201, F.S.; deleting incorporate the amendment to s. 106.08, F.S., in a reference thereto; the requirement that recovery agents notify law enforcement of a license providing an effective date. plate seizure; amending s. 324.202, F.S.; expanding into additional counties a pilot project that authorizes a recovery agent or recovery First reading by publication (Art. III, s. 7, Florida Constitution). agency to seize the license plate of a motor vehicle following suspension of the vehicle’s registration or suspension of the driver’s license of the Referred to the Committee(s) on Election Reform, Judiciary, and owner or operator of the vehicle for failing to maintain personal injury Governmental Operations. protection; requiring that the department provide procedures for paying By Representative Minton— fees; amending s. 627.733, F.S.; deleting payment of a fee to recovery agents; providing effective dates. HB 567—A bill to be entitled An act relating to administrative fines; providing for deposit of fines collected by executive-branch agencies into First reading by publication (Art. III, s. 7, Florida Constitution). the General Revenue Fund; providing that any fine, penalty, or Referred to the Committee(s) on Transportation, Law Enforcement & settlement agreement costs collected by an agency in the executive Crime Prevention, Insurance, and Transportation & Economic branch must be implemented from specific statutory authority; Development Appropriations. requiring that specified rules must be adopted pursuant to the Administrative Procedure Act; providing an effective date. By Representative Detert— First reading by publication (Art. III, s. 7, Florida Constitution). HB 559—A bill to be entitled An act relating to campaign financing; Referred to the Committee(s) on Governmental Operations, amending s. 106.011, F.S.; modifying definitions of the terms “political Governmental Rules & Regulations, Finance & Taxation, and General committee,” “contribution,” and “expenditure”; amending s. 106.04, F.S.; Appropriations. prohibiting committees of continuous existence from making certain expenditures; providing an effective date. By Representative Putnam—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 569—A bill to be entitled An act relating to land management; Referred to the Committee(s) on Election Reform and Governmental amending s. 259.032, F.S.; providing for the use of Conservation and Recreation Lands funds to manage additional lands; providing a Rules & Regulations. limitation on state agency land management allocations; amending s. By Representatives Fasano and Lynn— 372.57, F.S.; providing for an exemption to the recreational user permit fee; providing an effective date. HB 561—A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.08, F.S.; removing a restriction on First reading by publication (Art. III, s. 7, Florida Constitution). the application of the exemption for veterans’ organizations and their Referred to the Committee(s) on Environmental Protection, Water & auxiliaries; providing an exemption for sales or leases to organizations Resource Management, and General Government Appropriations. exempt from federal income tax under s. 501(c)(3) of the Internal Revenue Code; providing an effective date. By Representatives K. Smith and Spratt—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 571—A bill to be entitled An act relating to economic development; providing a short title; providing intent; amending s. Referred to the Committee(s) on Community Affairs, Finance & 163.3177, F.S.; providing requirements for the future land use element Taxation, and General Government Appropriations. of a local government comprehensive plan with respect to rural areas; HB 563—Withdrawn amending s. 212.098, F.S.; authorizing the Office of Tourism, Trade, and Economic Development to recommend to the Legislature additions to or By Representatives Logan and Brown— deletions from the list of standard industrial classifications used to determine an eligible business for purposes of the Rural Job Tax Credit HB 565—A bill to be entitled An act relating to campaign financing; Program; providing an appropriation to the Rural Community amending s. 106.021, F.S.; eliminating a provision that authorizes the Development Revolving Loan Fund; amending s. 288.106, F.S., relating unrestricted expenditure of funds for the purpose of jointly endorsing to the tax refund program for qualified target industry businesses; three or more candidates; amending s. 106.03, F.S.; requiring additional providing a definition; authorizing the office to reduce certain information for registration of political committees and certification of employment requirements for an expanding business in a rural committees of continuous existence; reenacting s. 106.04(2), F.S., community or enterprise zone under certain conditions; creating the relating to requirements for certification of committees of continuous Rural Economic Development Initiative within the office and providing existence, to incorporate the amendment to s. 106.03, F.S., in a reference its duties and responsibilities; directing specified agencies to select a thereto; amending ss. 106.04 and 106.07, F.S.; requiring reports of representative to work with the initiative; providing for an annual committees of continuous existence and political committees to include report; authorizing the office to accept and administer moneys certain information if a majority of the committee’s contributors share appropriated for grants to assist rural communities to develop and a common economic or other special interest; providing penalties; implement strategic economic development plans; providing for review eliminating unnecessary language relating to prohibited activities of of grant applications; providing an effective date. committees of continuous existence under campaign financing law and the penalties applicable thereto; amending s. 106.08, F.S.; providing First reading by publication (Art. III, s. 7, Florida Constitution). limits on contributions to political parties; revising limits on Referred to the Committee(s) on Business Development & contributions that political parties may make to candidates and on International Trade, Community Affairs, and Transportation & contributions that candidates may accept from political parties; Economic Development Appropriations. eliminating a provision relating to nonallocable, in-kind contributions to candidates from political parties and the reporting thereof; providing By Representative K. Smith— penalties; amending s. 106.087, F.S.; eliminating a provision that prohibits certain political committees and committees of continuous HB 573—A bill to be entitled An act relating to military affairs; existence from making independent expenditures in support of or amending s. 250.10, F.S.; requiring the Adjutant General of the state to opposition to a candidate or elected public official; amending s. 106.29, establish a specified post exchange store; providing for location of the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 55 post exchange store; providing purpose; providing for deposit of specified Center Office from the Department of Transportation; transferring moneys in the Camp Blanding Management Trust Fund; providing for administrative and fiscal responsibility for welcome center staff from use of funds; providing an effective date. the Department of Transportation to the Florida Commission on Tourism for employment through the Florida Tourism Industry First reading by publication (Art. III, s. 7, Florida Constitution). Marketing Corporation; requiring the corporation to provide direction for administration and operation of welcome centers; repealing s. Referred to the Committee(s) on Community Affairs and 335.165, F.S., relating to welcome stations and the payment for Transportation & Economic Development Appropriations. improvements by the Department of Commerce; providing effective dates. By Representative Stafford— First reading by publication (Art. III, s. 7, Florida Constitution). HB 575—A bill to be entitled An act relating to driving under the influence; creating s. 316.1939, F.S.; providing that it is a first-degree Referred to the Committee(s) on Transportation, Business misdemeanor for a person to refuse to submit to a chemical test of his Development & International Trade, and Transportation & Economic or her breath, blood, or urine upon the request of a law enforcement Development Appropriations. officer who has reasonable cause to believe such person was driving By Representatives Frankel, Rayson, Ritter, Betancourt, Effman, under the influence of alcohol or drugs; providing that the prosecution Cosgrove, Brown, Bullard, Sobel, Jacobs, Boyd, and Dennis— of such offense does not affect an administrative action to suspend a person’s driving privilege; providing that an administrative action to HB 581—A bill to be entitled An act relating to Medicaid; amending suspend a person’s driving privilege does not affect prosecution of the s. 409.904, F.S.; providing eligibility for preventive family planning offense of refusing to submit to a test for the presence of alcohol or drugs; services for persons who meet certain criteria, subject to specific federal amending s. 316.1932, F.S.; requiring that a person be informed that it authorization; directing the Agency for Health Care Administration to is a crime to fail to submit to a test for the presence of alcohol or drugs seek federal waivers as necessary; providing an effective date. upon the request of a law enforcement officer; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Children & Families, Health Care First reading by publication (Art. III, s. 7, Florida Constitution). Services, and Health & Human Services Appropriations. Referred to the Committee(s) on Judiciary, Crime & Punishment, and By Representatives Melvin, Arnall, Jones, Maygarden, Boyd, Farkas, Criminal Justice Appropriations. Feeney, Goode, and Bullard— By the Committee on Tourism; Representatives Starks, Farkas, HB 583—A bill to be entitled An act relating to library cooperatives; Dennis, Argenziano, Barreiro, Lynn, Bush, Melvin, and Bloom— amending s. 257.41, F.S.; requiring the Division of Library and HB 577—A bill to be entitled An act relating to corporate income tax; Information Services of the Department of State to issue certificates to certain library cooperatives; amending s. 212.08, F.S.; providing an creating s. 220.185, F.S.; providing findings and purpose; authorizing a exemption from the tax on sales, use, and other transactions for library credit against such tax equal to a percentage of the costs of cooperatives certified under s. 257.41, F.S.; providing for retroactive rehabilitation of a historic building used for commercial purposes; application of the tax exemption; providing an effective date. providing requirements and limitations; requiring certification with respect to the period during which the property was used for a First reading by publication (Art. III, s. 7, Florida Constitution). commercial purpose; providing for carryover of the credit; providing eligibility requirements for historic buildings and improvements Referred to the Committee(s) on Governmental Operations, Finance thereto; providing application requirements; requiring a resolution by & Taxation, and Transportation & Economic Development the local government; providing duties of the Division of Historical Appropriations. Resources, Department of State, and Department of Revenue regarding By Representative Henriquez— administration and monitoring of exemptions; amending s. 220.02, F.S.; providing order of credits against the tax; amending s. 220.13, F.S., HB 585—A bill to be entitled An act relating to domestic violence; which provides for the determination of adjusted federal income, to creating s. 741.316, F.S.; providing a definition; providing for the review provide for the addition of rehabilitation costs equal to the credit under of fatal and near fatal domestic violence incidents by a domestic violence s. 220.185 to a taxpayer’s taxable income; providing effective dates. fatality prevention task force and/or a domestic violence fatality review team; providing immunity from certain liability; providing for attorneys’ First reading by publication (Art. III, s. 7, Florida Constitution). fees and court costs in certain actions; providing an effective date.

Referred to the Committee(s) on Business Regulation & Consumer First reading by publication (Art. III, s. 7, Florida Constitution). Affairs, Governmental Rules & Regulations, Finance & Taxation, and Transportation & Economic Development Appropriations. Referred to the Committee(s) on Family Law & Children, Judiciary, Law Enforcement & Crime Prevention, and Criminal Justice By the Committee on Tourism; Representatives Starks, Farkas, Appropriations. Dennis, Argenziano, Barreiro, Lynn, Bush, Melvin, and Bloom— By Representative Henriquez— HB 579—A bill to be entitled An act relating to tourism; amending s. HB 587—A bill to be entitled An act relating to platted lands; 288.1221, F.S.; revising legislative intent; amending s. 288.1222, F.S.; amending s. 177.041, F.S.; revising language with respect to certain clarifying a definition; amending s. 288.1223, F.S.; specifying boundaries for a replat; amending s. 177.081, F.S.; deleting the application of a limitation on terms of certain members of the Florida requirement of a review of a plat prior to approval by the appropriate Commission on Tourism; clarifying meeting and vice chair election governing body; amending s. 177.091, F.S.; revising language with provisions; amending s. 288.1224, F.S.; deleting obsolete provisions; respect to certain monuments; providing an effective date. specifying categories of matching private funds for certain purposes; specifying staff support for the Florida Commission on Tourism; First reading by publication (Art. III, s. 7, Florida Constitution). providing for responsibilities of staff; prohibiting the commission from employing staff; deleting provisions relating to an advisory committee Referred to the Committee(s) on Community Affairs and Real for the commission; amending s. 288.1226, F.S.; requiring the Florida Property & Probate. Tourism Industry Marketing Corporation to provide staff support to the By the Committee on Transportation; Representative K. Smith— Florida Commission on Tourism; specifying that the president and chief executive officer shall serve without compensation as executive director; HB 589—A bill to be entitled An act relating to vessel registration; renumbering and amending s. 335.166, F.S.; removing the Welcome designating chapter 328, F.S., as part I of chapter 328, F.S., entitled 56 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

“Vessels; title certificates; liens”; creating part II of chapter 328, F.S., Department of Transportation; amending s. 316.615, F.S., relating to entitled “Vessel registration”; amending ss. 212.06, 282.1095, 320.04, school buses; amending ss. 316.613 and 316.6135, F.S.; correcting 327.53, 327.60, 327.73, 370.06, 370.0603, 370.12, and 409.2598, F.S.; reference to the Department of Children and Family Services; revising correcting cross references; amending s. 327.01, F.S.; changing the title various provisions in chapter 316, F.S., to correct cross references, delete of chapter 327, F.S., from the “Florida Vessel and Registration Safety obsolete language, and to provide uniform references to penalties for Law” to the “Florida Vessel Safety Law”; amending s. 327.22, F.S., moving and nonmoving noncriminal traffic offenses punishable under relating to the regulation of vessels by municipalities or counties; chapter 318, F.S.; amending s. 318.12, F.S.; revising references; renumbering and amending ss. 327.03, 327.10, 327.11, 327.17, 327.21, amending ss. 318.13 and 318.14, F.S.; correcting cross references; 327.23, 327.24, 327.25, 327.26, 327.28, and 327.90, F.S.; conforming to amending ss. 318.18 and 318.21, F.S.; revising language with respect to the act; creating s. 328.44, F.S.; providing for rules; creating s. 328.66, civil penalties; repealing s. 318.39, F.S., relating to the Highway Safety F.S.; providing for optional vessel registration fees by counties and Operating Trust Fund; amending s. 319.28, F.S.; revising language with municipalities; amending s. 327.04, F.S.; conforming to the act; respect to repossession; amending s. 319.33, F.S.; correcting cross renumbering ss. 327.031, 327.12, 327.13, 327.14, 327.15, 327.16, 327.18, references; amending ss. 320.02 and 320.03, F.S.; deleting obsolete 327.19, and 327.29, F.S.; conforming to the act; providing an effective language; amending s. 320.031, F.S.; revising language with respect to date. the mailing of registration certificates, license plates, and validation stickers; amending s. 320.055, F.S.; correcting cross references; First reading by publication (Art. III, s. 7, Florida Constitution). amending ss. 320.06 and 320.061, F.S.; deleting obsolete language; Referred to the Committee(s) on Community Affairs and amending ss. 320.0605 and 320.07, F.S.; providing uniform reference to Transportation & Economic Development Appropriations. noncriminal traffic infractions; repealing s. 320.073, F.S., relating to refund of impact fees; amending s. 320.0802, F.S.; providing reference By the Committee on Transportation; Representative K. Smith— to the Department of Management Services; amending s. 320.08058, F.S.; revising language with respect to Manatee license plates and HB 591—A bill to be entitled An act relating to the Department of Florida Special Olympics license plates; amending s. 320.0848, F.S.; Transportation; amending ss. 20.23, 206.46, 288.9607, 337.29, 337.407, correcting a cross reference with respect to disabled parking permits; 338.22, 338.221, 338.223, 338.225, 338.227, 338.228, 338.229, 338.231, amending s. 320.087, F.S.; providing reference to the United States 338.232, 338.239, 339.08, 339.175, 339.241, 341.3333, 348.0005, Department of Transportation; amending s. 320.1325, F.S.; deleting a 348.0009, 348.248, 348.948, 349.05, and 479.01, F.S.; correcting cross cross reference; amending s. 320.20, F.S.; deleting obsolete language; references; repealing s. 234.112, F.S., relating to school bus stops; amending s. 320.8255, F.S.; providing reference to labels rather than repealing s. 335.165, F.S., relating to welcome stations; repealing seals with respect to certain mobile home inspections; repealing s. section 137 of chapter 96-320, Laws of Florida, relating to certain 320.8256, F.S., relating to recreational vehicle inspection; repealing ss. uncollectible debts owned by a local government for utility relocation 321.06, 321.07, 321.09, 321.15, 321.17, 321.18, 321.19, 321.191, 321.20, cost reimbursements; repealing s. 339.091, F.S., relating to a 321.201, 321.202, 321.203, 321.21, 321.22, 321.2205, 321.221, 321.222, declaration of legislative intent; repealing s. 339.145, F.S., relating to and 321.223, F.S., relating to the Florida Highway Patrol and the certain expenditures in the Working Capital Trust Fund; repealing s. pension system therefor; amending s. 322.055, F.S.; providing reference 339.147, F.S., relating to certain audits by the Auditor General; to the Department of Health; amending s. 322.0261, F.S.; revising amending ss. 311.09, 331.303, 331.305, 331.308, 331.331, 334.03, terminology to change the term “accident” to “crash”; amending s. 335.074, 335.182, 335.188, 336.044, 337.015, 337.139, 339.2405, 322.08, F.S.; deleting obsolete language; amending ss. 322.12 and 341.051, 341.352, 343.64, 343.74, 378.411, 427.012, 427.013, and 951.05, 322.121, F.S.; correcting cross references; amending s. 322.141, F.S.; F.S.; deleting obsolete language, and, where appropriate, replacing such deleting obsolete language; amending s. 322.15, F.S.; providing language with updated text; reenacting ss. 336.01, 338.222, reference to noncriminal traffic infractions; amending s. 322.20, F.S.; 339.135(7)(e), and 341.321(1), F.S., relating to designation of county providing reference to the Department of Health; reenacting and road system, acquisition or construction or operation of turnpike amending s. 322.264, F.S., relating to habitual traffic offenders; revising projects, amendment of the adopted work program, and legislative terminology; amending s. 322.27, F.S.; correcting cross references; findings and intent regarding development of high-speed rail amending s. 322.292, F.S.; revising language with respect to DUI transportation system; providing an effective date. programs supervision; amending s. 322.293, F.S.; deleting obsolete First reading by publication (Art. III, s. 7, Florida Constitution). language; amending s. 322.57, F.S.; revising language with respect to driving tests; amending s. 324.202, F.S.; deleting obsolete language; Referred to the Committee(s) on Community Affairs and Finance & repealing ss. 325.01, 325.02, 325.03, 325.04, 325.05, 325.06, 325.07, Taxation. 325.08, 325.09, and 325.10, F.S., relating to vehicle safety equipment and inspections; amending s. 325.209, F.S.; revising language with By the Committee on Transportation; Representative K. Smith— respect to waivers; reenacting s. 325.212(2), F.S., relating to reinspections; reenacting s. 328.17(1), F.S., relating to nonjudicial sale HB 593—A bill to be entitled An act relating to highway safety and of vessels; amending s. 627.7415, F.S., relating to commercial motor motor vehicles; reenacting s. 316.003, F.S.; relating to the definition of vehicles, to include reference to noncriminal traffic infractions; hazardous material; amending s. 316.008, F.S.; revising terminology amending s. 627.742, F.S.; providing reference to noncriminal traffic and deleting obsolete language; amending s. 316.061, F.S.; providing second degree misdemeanor penalty for certain violations with respect infractions with respect to certain violations with respect to nonpublic to leaving the scene of an accident; revising terminology; amending ss. sector buses; amending s. 784.07, F.S.; correcting a cross reference; 316.027, 316.062, 316.063, 316.064, 316.065, 316.066, 316.068, 316.069, providing an effective date. 316.070, 316.072, 316.640, 316.645, 318.1451, 318.17, 318.19, 318.32, First reading by publication (Art. III, s. 7, Florida Constitution). 321.051, 321.23, 322.201, 322.221, 322.26, 322.291, 322.44, 322.61, 322.63, 324.011, 324.021, 324.022, 324.051, 324.061, 324.081, 324.091, Referred to the Committee(s) on Law Enforcement & Crime and 324.101, F.S.; changing the term “accident” to “crash”; amending s. Prevention and Criminal Justice Appropriations. 316.067, F.S.; providing a second degree misdemeanor penalty for certain false reports; amending ss. 316.0745, 316.0747, 316.1895, HB 595—Withdrawn 316.193, and 316.2065, F.S.; deleting obsolete language; amending s. HB 597—Withdrawn 316.1935, F.S.; providing a first degree misdemeanor penalty for certain violations with respect to fleeing or attempting to elude a law By Representative Casey— enforcement officer; amending s. 316.2074, F.S.; deleting certain findings of the Legislature with respect to all-terrain vehicles; amending HB 599—A bill to be entitled An act relating to dependency mediation ss. 316.3027 and 316.70, F.S.; providing reference to the United States services; amending s. 39.4075, F.S.; requiring each judicial circuit to March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 57 establish a dependency mediation program; providing for funding of the additional mandatory court cost upon a person found to have committed programs; providing an effective date. an act of domestic violence; providing for waiver of the court cost; providing for collection by the clerk of the court; providing for deposit of First reading by publication (Art. III, s. 7, Florida Constitution). such court costs in the Domestic Violence Trust Fund; providing for Referred to the Committee(s) on Children & Families, Family Law & certain disbursements in accordance with specified provisions relating Children, Judiciary, and Criminal Justice Appropriations. to funding of domestic violence centers; providing an effective date.

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

HB 601—A bill to be entitled An act relating to license plates; Referred to the Committee(s) on Crime & Punishment, Family Law & amending ss. 320.08056, 320.08058, F.S.; creating a Share the Road Children, and Health & Human Services Appropriations. license plate; providing for the distribution of annual use fees received By Representatives Henriquez, Hart, Bradley, L. Miller, and from the sale of such plates; providing a contingent effective date. Bilirakis— First reading by publication (Art. III, s. 7, Florida Constitution). HB 613—A bill to be entitled An act relating to specialty license Referred to the Committee(s) on Transportation, Finance & Taxation, plates; amending ss. 320.08056 and 320.08058, F.S.; creating a Tampa and Transportation & Economic Development Appropriations. Bay Estuary license plate; providing a fee; providing for the distribution of annual use fees; providing an effective date. By Representative Eggelletion— First reading by publication (Art. III, s. 7, Florida Constitution). HB 603—A bill to be entitled An act relating to Murphy Act lands; amending s. 253.82, F.S.; providing for conveyance of all Murphy Act Referred to the Committee(s) on Transportation, Finance & Taxation, transportation easements to the governmental entity currently having and Transportation & Economic Development Appropriations. title to the adjacent roadway; requiring the establishment of a procedure for review of deeds containing Murphy Act transportation reservations; By Representative Hill— setting requirements for the review process; providing for compensation HB 615—A bill to be entitled An act relating to collective bargaining; of certain property owners if the reservation denies the property owner the current economic use of the property; amending s. 712.04, F.S.; amending s. 447.403, F.S.; revising procedures for resolving certain providing for reservations of easements in deeds by the Board of impasses; providing duties of parties; requiring a special master to hold Trustees of the Internal Improvement Trust Fund to be extinguished on public hearings under certain circumstances; requiring a legislative a specified date, subject to certain limitations; amending s. 712.05, F.S.; body to hold a public hearing under certain circumstances; providing providing procedures by which a governmental entity may preserve a duties of the Public Employees Relations Commission; providing an road reservation; requiring notice; providing an effective date. effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Real Property & Referred to the Committee(s) on Governmental Operations and Probate, and Transportation & Economic Development Appropriations. General Appropriations.

By Representative Flanagan— By Representative Kilmer—

HB 605—A bill to be entitled An act relating to bond financing; HB 617—A bill to be entitled An act relating to state correctional amending s. 159.612, F.S.; authorizing housing finance authorities facilities; creating s. 957.19, F.S.; authorizing the Department of under the Florida Housing Finance Authority Law to issue refunding Corrections to submit a bid to the Correctional Privatization bonds for certain purposes; providing an effective date. Commission to finance, construct, and operate a correctional facility; providing for the department to operate such a facility under the same First reading by publication (Art. III, s. 7, Florida Constitution). conditions allowed for a private vendor; requiring that the commission Referred to the Committee(s) on Community Affairs, Financial select the lowest cost-responsive bid for such a facility; providing for the Services, and Finance & Taxation. department to have sole authority over the operation of the facility if awarded the contract; amending s. 957.03, F.S., relating to the By Representative Goode— Correctional Privatization Commission; providing additional duties of the commission; providing requirements for the invitations to bid issued HB 607—A bill to be entitled An act relating to the space industry; by the commission; prohibiting a private vendor, the Department of expressing the legislative intent to foster the continued development of Corrections, or a state political subdivision from housing out-of-state the space industry; providing an effective date. inmates who have been convicted of certain felonies involving the use or threat of violence; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business Development & First reading by publication (Art. III, s. 7, Florida Constitution). International Trade and Transportation. Referred to the Committee(s) on Governmental Operations, By Representatives Gottlieb, Rayson, Rojas, Chestnut, C. Smith, Corrections, and Criminal Justice Appropriations. Sobel, Logan, Wasserman Schultz, Betancourt, and Heyman— By Representatives Logan, Feeney, Byrd, Futch, Bronson, Wallace, HB 609—A bill to be entitled An act relating to insurance; amending Posey, Cantens, Constantine, Kyle, and Ritchie— s. 627.351, F.S.; deleting provisions authorizing certain associations to HB 619—A bill to be entitled An act relating to tax on sales, use, and require rate arbitration of rate filings; repealing s. 627.062(6), F.S., other transactions; amending s. 212.06, F.S.; providing that the indexed relating to an insurer’s alternative under rate standards to require tax on manufactured asphalt shall not apply to manufactured asphalt arbitration of rate filings; providing an effective date. used for any state or local government public works project; providing First reading by publication (Art. III, s. 7, Florida Constitution). an effective date. Referred to the Committee(s) on Insurance. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Henriquez— By Representatives Logan and Maygarden—

HB 611—A bill to be entitled An act relating to court costs in domestic HB 621—A bill to be entitled An act relating to wireless emergency violence cases; creating s. 938.14, F.S.; providing for imposition of an 911 telephone service; creating s. 365.172, F.S.; providing a short title; 58 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 providing legislative findings, purposes, and intent; providing changes may not be implemented without approval of the county definitions; providing duties of the Department of Management governing body; amending s. 367.011, F.S.; removing exclusive Services; creating the Wireless 911 Board; providing duties and authority of the commission with respect to water and wastewater membership of the board; providing powers of the board; requiring the utility rates; providing an effective date. board to report to the Governor and the Legislature each year; requiring completion of a study for submission to the Governor and the First reading by publication (Art. III, s. 7, Florida Constitution). Legislature; requiring the board to retain an independent accounting Referred to the Committee(s) on Utilities & Communications, firm for certain purposes; providing a process for firm selection; Community Affairs, and Finance & Taxation. imposing a monthly fee for certain 911 telephone service; providing a rate; providing for adjusting the rate; exempting the fee from state and By Representatives C. Smith and Wilson— local taxes; prohibiting local governments from imposing additional fees related to such service; providing procedures for collecting the fee and HB 627—A bill to be entitled An act relating to traffic safety; remitting the fee to the board; providing criteria for provision of certain amending ss. 316.2045 and 337.406, F.S.; prohibiting minors under the services; prohibiting certain activities relating to wireless 911 telephone age of 18 years from standing or approaching vehicles on any public service; providing penalties; providing that the act does not preempt street, highway, road, or state transportation facility right-of-way for other laws that regulate providers of telecommunications service; purposes of soliciting; providing penalties; providing an effective date. providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Crime & By Representatives Posey, Gay, Fasano, Jones, Kelly, Detert, Russell, Punishment, and Criminal Justice Appropriations. Putnam, Byrd, Brown, Brummer, Farkas, Morroni, Bainter, Murman, Fiorentino, Ball, Jacobs, Constantine, C. Green, and Kosmas— By Representative Wasserman Schultz—

HB 623—A bill to be entitled An act relating to factory-built housing HB 629—A bill to be entitled An act relating to health insurance safety; amending s. 20.18, F.S.; creating the Division of Factory-built coverage for infertility; creating ss. 627.64062 and 627.65742, F.S., and Housing in the Department of Community Affairs; providing a mission amending s. 641.31, F.S.; requiring coverage by health insurance statement for the department; transferring certain powers, duties, policies, group, franchise, and blanket health insurance policies, and functions, personnel, property, and appropriations of the department to health maintenance contracts for diagnosis and treatment of infertility the division; transferring certain powers, duties, functions, personnel, under certain circumstances; providing requirements and criteria; property, and appropriations of the Department of Highway Safety and providing limitations; providing definitions; providing an exception for Motor Vehicles to the division; authorizing the Department of certain religious organizations; providing application; excluding Community Affairs and the Department of Highway Safety and Motor payments for donor eggs or certain medical services; amending ss. Vehicles to enter into agreements to effectuate such transfers; providing 627.651, 627.6515, and 627.6699, F.S.; providing for application to group for transfer of the mobile home portion of the Mobile Home and contracts and plans of self insurance, out-of-state groups, and standard, Recreational Vehicle Protection Trust Fund into the department’s basic, and limited health benefit plans; providing an effective date. operating trust fund for certain purposes; transferring the portion of the First reading by publication (Art. III, s. 7, Florida Constitution). Highway Safety Operating Trust Fund relating to mobile homes into the department’s operating trust fund for certain purposes; amending s. Referred to the Committee(s) on Insurance, Health Care Services, and 320.781, F.S., to conform; amending s. 553.36, F.S.; providing a General Government Appropriations. definition; amending s. 553.38, F.S.; providing responsibility of the Division of Factory-built Housing to administer part IV of chapter 553, By Representatives Sanderson, Sorensen, Wallace, C. Green, Wise, F.S.; creating ss. 553.431, 553.4315, 553.433, 553.434, 553.435, Crist, Maygarden, Jones, Dockery, Goodlette, Lynn, Morroni, Murman, 553.4365, 553.437, 553.438, 553.446, 553.448, 553.449, 553.450, Andrews, Arnall, Alexander, Farkas, Prieguez, Hafner, Lacasa, Sobel, 553.451, 553.452, 553.453, 553.455, 553.456, 553.457, and 553.458, F.S.; Bloom, Argenziano, Villalobos, Garcia, Feeney, Bilirakis, and Fasano— recreating certain provisions under chapter 320, F.S., within part IV of HB 631—A bill to be entitled An act relating to the Florida chapter 553, F.S., to conform; transferring and renumbering ss. 320.823, Retirement System; creating s. 121.355, F.S.; providing for an optional 320.8335, and 320.840, F.S., to conform; transferring, renumbering, and retirement program for all members of the Florida Retirement System; amending ss. 320.77, 320.8255, 320.827, 320.8285, 320.830, 320.831, amending ss. 112.363 and 121.081, F.S.; conforming to the act; providing 320.8325, F.S., to conform; requiring the division to adopt rules on an effective date. manufactured housing installation systems; requiring the development of certain standards for park trailers; renumbering and amending s. First reading by publication (Art. III, s. 7, Florida Constitution). 320.8249, F.S., to conform; limiting certain local government ability to charge certain permit fees relating to mobile home parks; amending ss. Referred to the Committee(s) on Governmental Operations and 161.55, 316.515, 319.001, 320.131, 320.27, 320.28, 320.71, 320.822, General Appropriations. 320.8225, 320.8231, 320.8232, 320.824, 320.8245, 320.8256, 320.834, 320.835, 320.865, 325.202, 325.203, 325.213, 627.351, and 627.702, F.S., By Representative Crady— to conform; providing an effective date. HB 633—A bill to be entitled An act relating to Nassau County and First reading by publication (Art. III, s. 7, Florida Constitution). the Nassau General Hospital; repealing chapter 21228, Laws of Florida, 1941, as amended, relating to the Nassau General Hospital; providing Referred to the Committee(s) on Community Affairs, Transportation, an effective date. Governmental Operations, and Transportation & Economic Development Appropriations. Proof of publication of the required notice was attached.

By Representatives Russell and Fasano— First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care Services and HB 625—A bill to be entitled An act relating to water and wastewater Community Affairs. utilities; amending s. 125.01, F.S.; providing for county governing bodies to approve or disapprove changes in water and wastewater utility rates; By Representative Hill— amending s. 367.081, F.S.; requiring the Florida Public Service Commission to notify the county governing body of certain proposed HB 635—A bill to be entitled An act relating to the Department of changes in water and wastewater utility rates; providing that such Transportation; providing for the relief of Trey Anthony Alls for injuries March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 59 sustained as a result of departmental negligence; providing an effective acquisition under the Florida Forever Program; providing procedures date. for determining the priority of projects; restricting the use of funds from the Florida Forever Trust Fund by the Division of Forestry within the First reading by publication (Art. III, s. 7, Florida Constitution). Department of Agriculture and Consumer Services; establishing procedures for the disposition of lands; authorizing alternate uses of Referred to the Committee(s) on Claims and Transportation & acquired lands; providing a limitation on alternate uses; encouraging Economic Development Appropriations. and requiring the use of alternatives to fee simple acquisition of lands; By Representatives Gottlieb, Barreiro, Villalobos, Fasano, requiring higher priority for a project if matching funds are available; Argenziano, Greenstein, Sobel, Wasserman Schultz, Rayson, Heyman, requiring higher priority if the project is priced below appraised value; Wilson, Betancourt, Chestnut, Logan, and Cosgrove— amending s. 201.15, F.S.; authorizing the use of revenues for the debt service on bonds; revising the distribution of proceeds from the excise HB 637—A bill to be entitled An act relating to developmental tax on documents; amending s. 253.027, F.S.; revising the criteria for disabilities; amending s. 393.063, F.S.; redefining “intermediate care expenditures for archaeological property to include lands on the facility for the developmentally disabled” and “residential habilitation acquisition list for the Florida Forever Program; amending s. 253.034, center”; defining “least restrictive” with respect to placements of persons F.S., relating to uses of state-owned lands; conforming cross references with developmental disabilities; amending s. 393.0651, F.S.; revising to changes made by the act; amending s. 259.032, F.S.; conforming a criteria for the placement of clients; amending s. 393.067, F.S.; requiring cross reference; conforming provisions; requiring the adoption of a periodic unannounced inspections and reviews of residential facilities management plan within a specified period after the acquisition of a and comprehensive transitional education programs; providing for the parcel under the Florida Forever Program; providing a restriction on licensure of facilities as intermediate care facilities for the funding for an agency with overdue management plans; providing a developmentally disabled; amending s. 393.068, F.S.; deleting formula and funding source for funding management, maintenance, legislative recognition of deinstitutionalization; amending s. 393.13, capital improvements, and payments in lieu of taxes; specifying eligible F.S.; revising legislative intent with respect to treatment and services lands; providing for the distribution of funds; revising the criteria and eligibility for payments in lieu of taxes; limiting the total consecutive for persons with developmental disabilities; providing for an annual years of such payments; providing for the deletion of certain property plan for implementation of treatment programs; providing for priority from an acquisition list; deleting obsolete provisions; amending s. of legislative funding; providing for civil actions to enforce the rights of 259.035, F.S.; revising procedures for the Land Acquisition and such persons; providing for recovery of damages, costs, and attorney’s Management Advisory Council to propose projects to be funded from the fees; amending ss. 409.906 and 409.908, F.S.; revising requirements for Florida Forever Trust Fund; providing a cross reference; amending s. Medicaid reimbursement for intermediate care facility for the 338.250, F.S.; providing for certain mitigation funds to be used in developmentally disabled services; amending ss. 92.53, 914.16, 914.17, coordination with funds from the Florida Forever Trust Fund; amending and 918.16, F.S.; correcting cross references; repealing ss. 393.165 and s. 373.59, F.S.; requiring water management district governing boards 393.166, F.S., which provide legislative findings and provide for to adopt priority lists for certain fixed capital outlay projects; providing licensure of facilities under the Intermediate Care Facility for the a process for releasing funds for such projects; deleting provisions Developmentally Disabled Program; providing an effective date. authorizing the use of specified funds for debt service on bonds issued First reading by publication (Art. III, s. 7, Florida Constitution). pursuant to s. 373.584, F.S.; providing timeframes for required management plans; revising the criteria and eligibility for payments in Referred to the Committee(s) on Elder Affairs & Long-Term Care, lieu of taxes; limiting the total consecutive years of such payments; Judiciary, and Health & Human Services Appropriations. amending s. 380.504, F.S.; revising the membership of the Florida Communities Trust within the Department of Community Affairs; By Representatives Ritchie, J. Miller, Bense, Stansel, Gottlieb, amending s. 380.508, F.S.; requiring the governing body of the Florida Melvin, Rayson, Barreiro, Patterson, Hafner, Frankel, Effman, Communities Trust to adopt by rule criteria for selecting projects to be C. Smith, Greenstein, Russell, Byrd, L. Miller, Dennis, Henriquez, Hart, funded from the Florida Forever Trust Fund; amending ss. 420.5092 Fiorentino, and Arnall— and 420.9073, F.S., relating to affordable housing programs; conforming cross references to changes made by the act; repealing s. 373.584, F.S., HB 639—A bill to be entitled An act relating to military base relating to revenue bonds; providing that the repeal of s. 373.584, F.S., retention; amending s. 288.980, F.S.; providing Legislative intent; does not impair the validity of certain bonds outstanding on the effective providing for the role of the Florida Defense Alliance; providing funding; date of the act; providing an effective date. removing a limitation on the amount of a grant under the Florida Military Installation Reuse Planning and Marketing Grant Program; First reading by publication (Art. III, s. 7, Florida Constitution). increasing a grant limitation with respect to the Florida Defense Planning Grant Program; reducing the amount of matching funds Referred to the Committee(s) on Environmental Protection, required under certain grant programs; providing a cap on the payment Community Affairs, Finance & Taxation, and General Government of administrative expenses from certain grants; providing an Appropriations. appropriation; providing an effective date. By Representatives Dockery, Sobel, Ritchie, Sanderson, Farkas, First reading by publication (Art. III, s. 7, Florida Constitution). Wasserman Schultz, Gottlieb, Logan, Rojas, Bloom, Jones, Fasano, Ogles, and Waters— Referred to the Committee(s) on Community Affairs, Business Development & International Trade, and Transportation & Economic HB 643—A bill to be entitled An act relating to tax on sales, use, and Development Appropriations. other transactions; amending s. 212.08, F.S.; providing an exemption for film, photographic paper, dyes used for embossing and engraving, By Representatives Edwards, Ritchie, Henriquez, Wilson, C. Smith, artwork, and other printing supplies used by specified businesses; Chestnut, Healey, Greenstein, Wasserman Schultz, Sobel, Gottlieb, providing an effective date. Levine, Hill, L. Miller, Frankel, Brown, Turnbull, Kosmas, Cosgrove, Heyman, Bloom, A. Greene, Dennis, Logan, Lawson, Merchant, Hafner, First reading by publication (Art. III, s. 7, Florida Constitution). Ryan, Stafford, Sublette, Casey, Diaz de la Portilla, C. Green, Referred to the Committee(s) on Business Development & Betancourt, Rojas, Reddick, Barreiro, Morroni, Rayson, and Jacobs— International Trade, Finance & Taxation, and General Government Appropriations. HB 641—A bill to be entitled An act relating to the Florida Forever Program; creating s. 259.202, F.S.; creating the Florida Forever Act; By Representative Prieguez— providing legislative findings; providing for the proceeds of bond sales to be deposited into the Florida Forever Trust Fund; providing for the HB 645—A bill to be entitled An act relating to assisted living distribution and use of funds; providing project criteria for land facilities; amending s. 400.408, F.S.; requiring the unlicensed facility to 60 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 cease operation upon notification by the Agency for Health Care to report known abuse, neglect, or exploitation of a nursing home Administration; providing a penalty; providing an effective date. resident to law enforcement; amending s. 394.4625, F.S.; correcting a cross reference; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Elder Affairs & Long-Term Care, Crime & Punishment, and Health & Human Services Appropriations. Referred to the Committee(s) on Elder Affairs & Long-Term Care, Judiciary, Governmental Rules & Regulations, and Health & Human By Representative K. Smith— Services Appropriations.

HB 647—A bill to be entitled An act relating to counties; authorizing By Representative Logan— the Department of Community Affairs to establish a grant program to assist rural counties in financing studies regarding the establishment of HB 653—A bill to be entitled An act relating to the Florida Forever multiple service taxing or benefit units; providing for rules; providing an Program; providing legislative finding and declaration; creating s. effective date. 259.202, F.S.; creating the Florida Forever Act; providing legislative findings; providing for the proceeds of bond sales to be deposited into the First reading by publication (Art. III, s. 7, Florida Constitution). Florida Forever Trust Fund; providing for the distribution and use of funds; providing project criteria for land acquisition under the Florida Referred to the Committee(s) on Community Affairs, Finance & Forever Program; providing procedures for determining the priority of Taxation, and Transportation & Economic Development projects; restricting the use of funds from the Florida Forever Trust Appropriations. Fund by the Division of Forestry within the Department of Agriculture and Consumer Services; establishing procedures for the disposition of By Representatives C. Green, Bitner, Jones, K. Smith, and Feeney— lands; authorizing alternate uses of acquired lands; providing a HB 649—A bill to be entitled An act relating to the tax on sales, use, limitation on alternate uses; encouraging and requiring the use of and other transactions; amending s. 212.18, F.S.; abolishing the alternatives to fee simple acquisition of lands; requiring higher priority for a project if matching funds are available; requiring higher priority additional fee for a certificate of registration charged to specified if the project is priced below appraised value; amending s. 201.15, F.S.; dealers; providing an effective date. authorizing the use of revenues for the debt service on bonds; revising First reading by publication (Art. III, s. 7, Florida Constitution). the distribution of proceeds from the excise tax on documents; amending s. 253.027, F.S.; revising the criteria for expenditures for archaeological Referred to the Committee(s) on Business Development & property to include lands on the acquisition list for the Florida Forever International Trade, Finance & Taxation, and General Government Program; amending s. 253.034, F.S., relating to uses of state-owned Appropriations. lands; conforming cross references to changes made by the act; amending s. 259.032, F.S.; conforming a cross reference; conforming By Representatives Crist, Futch, Crady, Kilmer, Healey, Andrews, provisions; requiring the adoption of a management plan within a Bradley, Crow, Murman, Cantens, Fasano, Peaden, Prieguez, Bullard, specified period after the acquisition of a parcel under the Florida Turnbull, Betancourt, Boyd, Wallace, Feeney, Diaz de la Portilla, Forever Program; providing a restriction on funding for an agency with C. Green, Rojas, Patterson, Russell, and Lacasa— overdue management plans; providing a formula and funding source for funding management, maintenance, capital improvements, and HB 651—A bill to be entitled An act relating to nursing homes; payments in lieu of taxes; specifying eligible lands; providing for the creating the “Bob Byram Nursing Home Care Reform Act”; creating s. distribution of funds; revising the criteria and eligibility for payments 400.0115, F.S.; providing legislative findings and intent; requiring in lieu of taxes; limiting the total consecutive years of such payments; studies and recommendations by the Agency for Health Care providing for the deletion of certain property from an acquisition list; Administration; amending s. 400.022, F.S.; revising rights of residents deleting obsolete provisions; amending s. 259.035, F.S.; revising of nursing home facilities and providing additional rights; providing for procedures for the Land Acquisition and Management Advisory Council a user-friendly poster of residents’ rights; amending s. 400.0231, F.S.; to propose projects to be funded from the Florida Forever Trust Fund; requiring facilities to keep complete and accurate medical records; providing a cross reference; amending s. 338.250, F.S.; providing for providing a rebuttable presumption in the absence of such records; certain mitigation funds to be used in coordination with funds from the amending s. 400.0255, F.S.; providing definitions and requirements Florida Forever Trust Fund; amending s. 373.59, F.S.; requiring water relating to discharge or transfer of residents; amending s. 400.063, F.S.; management district governing boards to adopt priority lists for certain correcting a cross reference; amending s. 400.121, F.S.; authorizing fixed capital outlay projects; providing a process for releasing funds for payment of facility fines or recovery costs by setoffs from amounts such projects; deleting provisions authorizing the use of specified funds otherwise payable to the facility; providing requirements for review of for debt service on bonds issued pursuant to s. 373.584, F.S.; providing administrative proceedings challenging agency enforcement actions; timeframes for required management plans; revising the criteria and amending s. 400.151, F.S.; requiring agency approval of the form of eligibility for payments in lieu of taxes; limiting the total consecutive facility contracts with residents; providing exceptions; amending s. years of such payments; amending s. 380.504, F.S.; revising the 400.162, F.S.; providing minimum requirements for policies regarding membership of the Florida Communities Trust within the Department the safekeeping of residents’ property; amending s. 400.23, F.S.; of Community Affairs; amending s. 380.508, F.S.; requiring the providing minimum staffing requirements; requiring recordkeeping governing body of the Florida Communities Trust to adopt by rule with respect to staffing and report of staffing shortfalls; increasing criteria for selecting projects to be funded from the Florida Forever membership on the Nursing Home Advisory Committee; authorizing the Trust Fund; amending ss. 420.5092 and 420.9073, F.S., relating to agency to downgrade facility ratings under certain circumstances; affordable housing programs; conforming cross references to changes requiring issuance of amended licenses reflecting facility ratings made by the act; repealing s. 373.584, F.S., relating to revenue bonds; changes; revising certain ratings requirements; providing additional providing that the repeal of s. 373.584, F.S., does not impair the validity acts classified as deficiencies; providing penalties and increasing of certain bonds outstanding on the effective date of the act; providing maximum fines; amending s. 400.241, F.S.; prohibiting willful an effective date. interference with unannounced required inspections of a facility; providing a penalty; amending s. 400.29, F.S.; requiring the agency to First reading by publication (Art. III, s. 7, Florida Constitution). make certain updated information available to the public; amending s. By Representatives Gottlieb, Wasserman Schultz, Greenstein, 415.107, F.S.; providing that the identity of a person reporting adult Levine, Ritchie, Effman, Sobel, Chestnut, Logan, Cosgrove, and abuse, neglect, or exploitation may be released to the Attorney General’s Heyman— Medicaid Fraud Control Unit; amending ss. 435.03 and 435.04, F.S.; providing for employment screening of persons convicted under s. HB 655—A bill to be entitled An act relating to dependent children; 825.1035, F.S.; creating s. 825.1035, F.S.; providing a penalty for failure creating s. 39.4085, F.S.; providing a “Bill of Rights,” specifying the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 61 rights of dependent children in shelter or foster care; providing an application of alternative base period; providing requirements and effective date. limitations; providing an effective date.

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

Referred to the Committee(s) on Children & Families, Family Law & By Representative Eggelletion— Children, Judiciary, and Health & Human Services Appropriations. HB 665—A bill to be entitled An act relating to the Florida Civil By Representatives Goodlette, Peaden, Goode, Sanderson, Bloom, Rights Act; amending s. 760.02, F.S.; redefining the term “employer”; Cosgrove, Wasserman Schultz, C. Green, Wiles, Farkas, L. Miller, providing an effective date. Dennis, Hafner, Gottlieb, Chestnut, Frankel, Villalobos, Sobel, Wilson, Murman, Casey, Brummer, Jones, Effman, A. Greene, Flanagan, First reading by publication (Art. III, s. 7, Florida Constitution). Ritchie, Maygarden, Jacobs, Barreiro, Lynn, and Fasano— Referred to the Committee(s) on Business Regulation & Consumer HB 657—A bill to be entitled An act relating to dental services Affairs, Insurance, Judiciary, and General Government Appropriations. coverage under the Florida Kidcare program; amending s. 409.815, F.S.; providing coverage for certain dental procedures; providing an effective By Representative A. Greene— date. HB 667—A bill to be entitled An act relating to postsecondary First reading by publication (Art. III, s. 7, Florida Constitution). remediation; amending s. 239.301, F.S., relating to adult general Referred to the Committee(s) on Children & Families, Finance & education; revising a provision relating to funding for college- Taxation, and Health & Human Services Appropriations. preparatory classes; amending s. 240.1161, F.S., relating to district interinstitutional articulation agreements; authorizing the provision of By Representative Merchant— performance incentive funds for the effective implementation of remedial reduction plans; amending s. 240.117, F.S., relating to common HB 659—A bill to be entitled An act relating to local government placement testing for public postsecondary education; revising a comprehensive planning; amending s. 163.3187, F.S.; providing that the provision relating to funding for college-preparatory classes; providing limitation on the frequency of amendments to a local government’s an effective date. comprehensive plan does not apply to amendments necessary to establish public school concurrency; providing that all local government First reading by publication (Art. III, s. 7, Florida Constitution). public school facilities elements within a county shall be prepared and adopted on a similar time schedule; providing an effective date. Referred to the Committee(s) on Community Colleges & Career Prep and Education Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Wilson— Referred to the Committee(s) on Community Affairs and Education/K-12. HB 669—A bill to be entitled An act relating to the state correctional system; creating s. 944.6125, F.S.; providing that certain women who By Representative Roberts— are confined by the Department of Corrections must be placed in a HB 661—A bill to be entitled An act relating to consumer finance; correctional facility located within a reasonable distance from the amending s. 516.03, F.S.; increasing an application fee; amending ss. residence of the minor child of the confined woman; providing for a child- 516.05 and 520.997, F.S.; requiring licensees to notify the department friendly environment; providing for the application of the act; providing before relocating a business; requiring a licensee to report bankruptcy an effective date. filings to the department; amending ss. 516.07 and 520.995, F.S.; providing additional grounds for certain disciplinary actions; amending First reading by publication (Art. III, s. 7, Florida Constitution). ss. 516.11 and 520.996, F.S.; deleting a schedule of examination fees; Referred to the Committee(s) on Corrections, Family Law & Children, requiring the department to conduct examinations within the state; and Criminal Justice Appropriations. providing exceptions; providing criteria for paying travel expenses and per diem allowances to examiners; amending s. 516.12, F.S.; requiring By Representative Stansel— licensees to make certain information available under certain circumstances; amending ss. 520.02, 520.31, and 520.61, F.S.; providing HB 671—A bill to be entitled An act relating to agriculture; creating additional definitions; amending ss. 520.03, 520.32, 520.52, and 520.63, the Florida Commission on Federal and State Agricultural Relations; F.S.; revising certain fees; clarifying procedures for obtaining certain providing for its membership and duties; providing for members’ per licenses and imposing certain license application and renewal fees; diem and travel expenses; requiring reports; providing an effective date. requiring department notification before relocating certain offices; amending s. 520.07, F.S.; requiring disclosure of additional information First reading by publication (Art. III, s. 7, Florida Constitution). under certain installment contracts; requiring evidence of satisfaction of lien under certain installment contracts; amending s. 520.085, F.S.; Referred to the Committee(s) on Agriculture and General Government authorizing certain additional charges under certain installment Appropriations. contracts; providing for deferment of certain installment payments under certain conditions; amending s. 520.34, F.S.; authorizing sellers By Representative Eggelletion— under retail installment contracts to collect a processing fee under HB 673—A bill to be entitled An act relating to the Beverage Law; certain circumstances; amending ss. 559.9232, 681.102, and 697.05, F.S.; correcting cross references; providing effective dates. amending s. 562.45, F.S.; providing restrictions on locations for on- premises consumption of alcoholic beverages; providing an effective First reading by publication (Art. III, s. 7, Florida Constitution). date.

Referred to the Committee(s) on Financial Services, Business First reading by publication (Art. III, s. 7, Florida Constitution). Regulation & Consumer Affairs, and General Government Appropriations. Referred to the Committee(s) on Regulated Services, Business Regulation & Consumer Affairs, and Community Affairs. By Representatives Logan, Ritchie, Hill, Betancourt, Rojas, Casey, Futch, Lawson, Barreiro, Diaz de la Portilla, Henriquez, Jacobs, By Representatives Russell and Argenziano— Cosgrove, and Bullard— HB 675—A bill to be entitled An act relating to historical resources; HB 663—A bill to be entitled An act relating to unemployment amending s. 267.081, F.S., relating to publications of the Division of compensation; amending s. 443.036, F.S.; providing a definition and Historical Resources of the Department of State; providing that moneys 62 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 received from the sale of publications by the division may be held in the allocation to each school district for operation; requiring the average operating trust fund of the division or in a specified depository account; daily attendance of the student membership in each program to be providing an effective date. calculated by school and by district; requiring average daily attendance to be used as the sole basis for determining the base student allocation; First reading by publication (Art. III, s. 7, Florida Constitution). providing an effective date.

Referred to the Committee(s) on Tourism, Business Regulation & First reading by publication (Art. III, s. 7, Florida Constitution). Consumer Affairs, and Transportation & Economic Development Appropriations. Referred to the Committee(s) on Education/K-12 and Education Appropriations. By Representatives Greenstein and Effman— By Representative Henriquez— HB 677—A bill to be entitled An act relating to emergency medical HB 685—A bill to be entitled An act relating to public records; services; amending ss. 401.35 and 401.45, F.S.; providing for rules of the creating s. 741.3165, F.S.; exempting specified information obtained or Department of Health authorizing emergency medical technicians and produced by a domestic fatality prevention task force and/or a domestic paramedics to honor information relating to a do-not-resuscitate order violence fatality review team from disclosure under the public records encoded on a patient’s driver license or identification card; creating s. law; providing a finding of public necessity; providing for future review 401.50, F.S.; directing the Agency for Health Care Administration and and repeal; providing an effective date. the Department of Highway Safety and Motor Vehicles to develop and implement a program to register do-not-resuscitate orders as part of the First reading by publication (Art. III, s. 7, Florida Constitution). driver license and identification card process; providing for encoding Referred to the Committee(s) on Family Law & Children, information on the driver license or identification card; providing for Governmental Operations, Judiciary, and Criminal Justice funding; providing for maintenance of an electronic registry; providing Appropriations. for rules; providing a funding restriction; providing an effective date. By Representative Brummer— First reading by publication (Art. III, s. 7, Florida Constitution). HB 687—A bill to be entitled An act relating to the Public Medical Referred to the Committee(s) on Governmental Rules & Regulations, Assistance Trust Fund; repealing s. 395.7015, F.S., relating to the Health Care Licensing & Regulation, Transportation, and annual assessment on health care entities to fund public medical Transportation & Economic Development Appropriations. assistance; providing an effective date.

By Representative Diaz de la Portilla— First reading by publication (Art. III, s. 7, Florida Constitution). HB 679—A bill to be entitled An act relating to drug testing of Referred to the Committee(s) on Health Care Services, Governmental students; amending s. 230.23005, F.S., relating to supplemental powers Operations, Finance & Taxation, and Health & Human Services and duties of school boards; authorizing mandatory, random drug Appropriations. testing of students under certain circumstances; providing an effective By Representatives Gottlieb, Sanderson, C. Smith, Rayson, date. Henriquez, Greenstein, Wasserman Schultz, Effman, Ryan, Ritter, First reading by publication (Art. III, s. 7, Florida Constitution). Sobel, Stafford, and Logan— Referred to the Committee(s) on Education/K-12, Juvenile Justice, HB 689—A bill to be entitled An act relating to the local option fuel Judiciary, and Education Appropriations. tax for county transportation systems; amending s. 336.025, F.S.; authorizing certain charter counties to use a portion of certain proceeds By Representative Merchant— of said tax for homeless assistance programs; providing for an interlocal agreement; requiring adoption of a resolution specifying that the county HB 681—A bill to be entitled An act relating to construction liens and is meeting certain transportation needs; requiring the county to bonds; amending s. 255.05, F.S., relating to payment bonds of continue funding such programs from other sources at a specified level; contractors constructing public buildings; providing that the time defining “homeless assistance program”; providing for expiration of the periods required for providing certain notices or bringing certain actions use of such proceeds for homeless assistance programs; providing an are not determined by the issuance of a certificate of occupancy or a effective date. certificate of substantial completion; amending s. 713.06, F.S.; clarifying certain notice requirements with respect to perfecting a lien for labor, First reading by publication (Art. III, s. 7, Florida Constitution). services, or materials furnished under contract; amending s. 713.08, Referred to the Committee(s) on Community Affairs, Finance & F.S.; providing that the time period required for recording a claim of lien Taxation, and Transportation & Economic Development is not determined by the issuance of a certificate of occupancy or a Appropriations. certificate of substantial completion; amending s. 713.135, F.S.; clarifying circumstances under which an entity issuing a building By Representatives Casey, Frankel, Jacobs, Bloom, Sobel, Fasano, permit is subject to disciplinary procedures; amending s. 713.18, F.S., Peaden, Warner, Kelly, Ogles, Ritter, Effman, Brown, Healey, Gottlieb, relating to service of notices and other instruments; providing for Betancourt, and Farkas— overnight delivery or second-day delivery under certain circumstances; HB 691—A bill to be entitled An act relating to clean indoor air; amending s. 713.23, F.S.; providing that the time periods required for amending s. 386.202, F.S.; providing legislative intent that the “Florida serving a notice of nonpayment or bringing certain actions are not Clean Indoor Air Act” is a uniform statewide minimum code; repealing determined by the issuance of a certificate of occupancy or a certificate s. 386.209, F.S., which provides that the regulation of smoking is of substantial completion; providing an effective date. preempted to the state; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business Regulation & Consumer Referred to the Committee(s) on Governmental Operations, Business Affairs and Real Property & Probate. Regulation & Consumer Affairs, Community Affairs, and General Government Appropriations. By Representative Gottlieb— By Representatives Logan and Lynn— HB 683—A bill to be entitled An act relating to truancy; amending s. 229.8345, F.S.; defining a habitual truant; amending s. 236.081, F.S.; HB 693—A bill to be entitled An act relating to tax administration; amending procedures that must be followed in determining the annual amending s. 95.091, F.S.; revising time periods within which the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 63

Department of Revenue and Department of Business and Professional By Representative Edwards— Regulation may determine and assess the amount of any tax, penalty, or interest due under taxes which they have authority to administer; HB 697—A bill to be entitled An act relating to watersports; revising provisions relating to tolling of such periods; amending ss. amending s. 327.37, F.S.; providing safety rules for towing parasails 199.282, 201.17, and 212.12, F.S.; revising the delinquency penalty for from vessels; prescribing safety regulations for persons engaged in failure to pay intangible personal property taxes, documentary stamp waterskiing, parasailing, aquaplaning, or similar activities; prohibiting taxes, and sales taxes; amending s. 220.211, F.S.; revising the penalty parasailing or operating a boat towing a parasail in specified waters; for filing an incomplete corporate income tax return and the application providing an effective date. of such penalty; creating s. 213.235, F.S.; providing for determination of the annual rate of interest applicable to tax payment deficiencies; First reading by publication (Art. III, s. 7, Florida Constitution). creating s. 213.255, F.S.; providing for payment of interest on overpayments of taxes, payment of taxes not due, or taxes paid in error Referred to the Committee(s) on Water & Resource Management and with respect to taxes administered by the Department of Revenue if Governmental Rules & Regulations. refund is not made within a specified period; providing requirements for By the Committee on Health Care Licensing & Regulation; refund applications; requiring a bond or other security under certain Representative Fasano— conditions; specifying funds from which such interest shall be paid; amending s. 215.26, F.S.; revising the time period within which HB 699—A bill to be entitled An act relating to athletic trainers; application for refund of taxes must be made; amending s. 194.192, F.S., amending s. 468.701, F.S.; revising and removing definitions; amending relating to the rate of interest in judgments against taxpayers for s. 468.703, F.S.; replacing the Council of Athletic Training with a Board deficient property taxes, ss. 197.172 and 197.402, F.S., relating to the of Athletic Training; providing for appointment of board members and rate of interest on delinquent real and personal property taxes, s. their successors; providing for staggering of terms; providing for 193.1145, F.S., relating to the rate of interest on delinquent provisional property taxes, ss. 198.15 and 198.18, F.S., relating to the rate of applicability of other provisions of law relating to activities of regulatory interest on delinquent estate taxes and taxes for which an extension is boards; providing for the board’s headquarters; amending ss. 468.705, granted, s. 198.155, F.S., relating to the rate of interest on delinquent 468.707, 468.709, 468.711, 468.719, and 468.721, F.S., relating to tax on generation-skipping transfers, s. 198.16, F.S., relating to the rate rulemaking authority, licensure by examination, fees, continuing of interest on deficiencies in such taxes, s. 199.282, F.S., relating to the education, disciplinary actions, and certain regulatory transition; rate of interest on delinquent intangible personal property taxes, s. transferring to the board certain duties of the Department of Health 201.17, F.S., relating to the rate of interest on delinquent excise taxes relating to regulation of athletic trainers; amending ss. 20.43, 232.435, on documents, and s. 203.06, F.S., relating to the rate of interest on 455.607, and 455.667, F.S.; correcting cross references, to conform; delinquent gross receipts taxes, to conform; reenacting s. 203.62, F.S., providing for termination of the council and the terms of council relating to the gross receipts tax on interstate and international members; authorizing consideration of former council members for telecommunications services, to incorporate the amendment to s. appointment to the board; providing an effective date. 203.06, F.S., in a reference thereto; amending s. 206.44, F.S., relating to the rate of interest on delinquent motor fuel taxes, to conform; First reading by publication (Art. III, s. 7, Florida Constitution). reenacting ss. 206.06(1), 206.94, 206.97, 206.9915(3), 336.021(2)(a), and Referred to the Committee(s) on Business Regulation & Consumer 336.025(2)(a), F.S., relating to estimated fuel taxes, tax on diesel fuel, Affairs and Health & Human Services Appropriations. tax on fuel and other pollutants, the ninth-cent fuel tax on motor and diesel fuel, and the local option tax on motor and diesel fuel for county By the Committee on Claims; Representatives Morroni, Ritter, and transportation systems, to incorporate the amendment to s. 206.44, F.S., Rayson— in references thereto; amending s. 207.007, F.S., relating to the rate of interest on delinquent tax on the operation of commercial motor HB 701—A bill to be entitled An act relating to the City of Clearwater; vehicles, ss. 211.076 and 211.33, F.S., relating to the rate of interest on providing for the relief of Paul W. Gilfoyle, through his guardian Anne- delinquent taxes and underpayment of estimated taxes on oil and gas Marie Cheroke Lindsey; providing for an appropriation to compensate production and severance of minerals, and s. 212.12, F.S., relating to the him for damages sustained in a collision with a police car driven by a rate of interest on delinquent taxes on sales, use, and other transactions, City of Clearwater patrolman; providing an effective date. to conform; reenacting ss. 193.501(6)(e), 193.503(9)(b), and 193.505(8), F.S., relating to the interest on a deferred tax liability due upon a Proof of publication of the required notice was attached. change in assessment status of certain conservation or recreation land or historic properties, and s. 196.1997(7), F.S., relating to the interest on First reading by publication (Art. III, s. 7, Florida Constitution). taxes which become due when property is no longer eligible for a historic Referred to the Calendar of the House. property tax exemption, to incorporate the amendment to s. 212.12, F.S., in references thereto; amending s. 220.807, F.S., relating to the interest By Representatives Melvin, Peaden, and J. Miller— rate applicable to the corporate income tax code, and s. 624.5092, F.S., relating to the rate of interest on delinquent insurance premium taxes, HB 703—A bill to be entitled An act relating to bridge designations; to conform; providing an effective date. naming the Destin Bridge at East Pass the “William T. Marler Bridge”; providing for the the erection of markers; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Hill— Referred to the Committee(s) on Transportation and Transportation HB 695—A bill to be entitled An act relating to firearms; amending & Economic Development Appropriations. s. 790.001, F.S.; defining the term “locking device”; amending s. 790.174, F.S.; providing that a locking device may be used for the purpose of By Representative Ogles— lawfully storing a firearm within access of a minor, as defined; requiring a person to secure a firearm with a locking device under specified HB 705—A bill to be entitled An act relating to emergency circumstances when the firearm is left or stored on premises where such management planning; amending s. 252.355, F.S.; revising provisions minor resides; providing penalties for failure to store or leave the relating to registration of persons requiring special needs assistance in firearm in the required manner, under specified circumstances; emergencies; creating s. 381.0303, F.S.; providing for recruitment of providing an effective date. health care practitioners for special needs shelters; providing for reimbursement; providing duties of the Department of Health, the First reading by publication (Art. III, s. 7, Florida Constitution). county health departments, and the local emergency management Referred to the Committee(s) on Law Enforcement & Crime agencies; authorizing use of a health care practitioner registry; Prevention and Governmental Rules & Regulations. authorizing establishment of a special needs shelter interagency 64 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 committee; providing membership and responsibilities; providing for inmate is released; requiring that the department provide additional rules; creating s. 400.492, F.S.; requiring home health agencies to services prior to an inmate’s release; requiring that the Department of prepare a comprehensive emergency management plan; specifying plan Corrections notify the county health department where the inmate will requirements; amending ss. 400.497 and 400.610, F.S.; providing reside when an inmate who has received a positive HIV test result is minimum requirements for home health agency and hospice released unexpectedly; providing an effective date. comprehensive emergency management plans; providing for rules; First reading by publication (Art. III, s. 7, Florida Constitution). providing for plan review and approval; amending s. 400.506, F.S.; requiring nurse registries to assist at-risk clients with special needs Referred to the Committee(s) on Corrections, Health Care Licensing registration and to prepare a comprehensive emergency management & Regulation, and Criminal Justice Appropriations. plan; specifying plan requirements; creating s. 401.273, F.S.; providing for establishment of a registry of emergency medical technicians and By Representative Kelly— paramedics for disasters and emergencies; amending s. 408.15, F.S.; HB 713—A bill to be entitled An act relating to training centers; authorizing the Agency for Health Care Administration to establish establishing training school consolidation pilot projects; providing for uniform standards of care for special needs shelters; creating s. 455.276, transfer of responsibility for the operation of existing programs; F.S.; providing for establishment of a health practitioner registry for providing for the transfer of real property; providing program disasters and emergencies; requiring emergency and disaster planning requirements; providing for exemptions from statutes and rules; provisions in certain state agency provider contracts; specifying providing for funding of pilot training centers; providing a guideline for minimum contract requirements; providing appropriations; providing the future approval of programs; requiring a study; providing an an effective date. effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Health Care Referred to the Committee(s) on Community Colleges & Career Prep, Licensing & Regulation, and Health & Human Services Appropriations. Juvenile Justice, and Education Appropriations.

By Representative Morroni— By Representative Minton—

HB 707—A bill to be entitled An act relating to compulsive gambling; HB 715—A bill to be entitled An act relating to bulk sales; providing directing the Alcohol, Drug Abuse, and Mental Health Program Office definitions; providing applicability; prescribing duties of buyers and within the Department of Children and Family Services to establish a sellers in bulk-sales transactions; requiring notice to be given to certain program for public education, training, prevention, and treatment; creditors of sellers; providing limits for filing actions against buyers in amending s. 24.105, F.S.; requiring the Department of the Lottery to bulk sales; providing an effective date. require vendors to provide notice of a toll-free problem gambling hotline; First reading by publication (Art. III, s. 7, Florida Constitution). requiring lottery personnel and vendors to receive certain training and education; amending s. 24.112, F.S.; requiring retailers of lottery tickets Referred to the Committee(s) on Business Regulation & Consumer to provide notice of a toll-free problem gambling hotline; amending s. Affairs, Judiciary, and Financial Services. 550.054, F.S.; requiring pari-mutuel licensees to provide notice of a toll- By Representative Crow— free problem gambling hotline; amending s. 849.0931, F.S.; requiring authorized bingo organizations to provide notice of a toll-free problem HB 717—A bill to be entitled An act relating to bail bonds; amending gambling hotline; providing appropriations; providing an effective date. ss. 648.385 and 648.386, F.S.; revising certain continuing education requirements; amending s. 903.21, F.S.; providing a definition; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 903.035, F.S.; specifying that information provided by any Referred to the Committee(s) on Health Care Services, Regulated person relating to application for bail must be accurate, truthful, and Services, and Health & Human Services Appropriations. complete; amending s. 903.26, F.S.; requiring discharge of a forfeiture with a time certain; providing an additional criterion for discharge of a By Representatives Bainter, Merchant, C. Green, Ritchie, Barreiro, forfeiture; requiring a clerk of court to set aside a forfeiture and Patterson, and Lawson— discharge a bond under certain circumstances; amending s. 903.27, F.S.; providing for tolling certain forfeiture operations under certain HB 709—A bill to be entitled An act relating to children in need of circumstances; amending s. 903.28, F.S.; requiring remissions to be services; amending s. 984.225, F.S.; revising requirements for granted under certain circumstances; amending s. 903.31, F.S.; placement of a child in a staff-secure shelter; correcting cross references; providing for expiration of certain bonds under certain circumstances; amending s. 984.226, F.S.; revising location of a pilot program for specifying nonapplication when a bond is declared forfeited; prohibiting physically secure facilities; providing for waiver of the right to counsel reinstatement of original appearance bonds under certain for a child in need of services, under certain circumstances; revising circumstances; providing an effective date. criteria and time limits for placement of a child in a physically secure First reading by publication (Art. III, s. 7, Florida Constitution). facility; providing duties of the court and the Department of Children and Family Services with respect to review of a child’s placement; Referred to the Committee(s) on Insurance and Corrections. providing for transfer of a child to the jurisdiction of the department for certain services; revising requirements for reports to the Legislature by By Representative Pruitt— the Juvenile Justice Accountability Board and the Department of HB 719—A bill to be entitled An act relating to alcoholic beverages; Juvenile Justice; providing an effective date. amending s. 561.01, F.S.; redefining the term “discount in the usual First reading by publication (Art. III, s. 7, Florida Constitution). course of business”; authorizing distributors of malt beverages to charge different prices for such beverages to different categories of alcoholic Referred to the Committee(s) on Family Law & Children, Juvenile beverage licensees; requiring prices in a single license category to be Justice, and Criminal Justice Appropriations. uniform; providing an effective date.

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

HB 711—A bill to be entitled An act relating to the testing of inmates Referred to the Committee(s) on Regulated Services. for HIV; creating s. 944.6025, F.S.; defining the term “HIV test”; By Representatives Fiorentino, Fasano, and Russell— requiring the Department of Corrections to perform an HIV test on inmates following commitment to a correctional facility and at the HB 721—A bill to be entitled An act relating to sewage treatment request of a physician; requiring that such a test be performed before an facility discharges; prohibiting new discharges or increased pollutant March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 65 loadings from existing sewage treatment facilities into coastal waters psychologists under the terms physician or doctor; deleting an exclusion adjacent to Pasco County or waters tributary thereto; authorizing the of certain chiropractic services from medically necessary treatment, Department of Environmental Protection to grant exceptions under care, and services under certain circumstances; amending s. 440.134, certain circumstances; providing an effective date. F.S.; including chiropractic physicians under the term “medical care coordinator” for certain purposes; providing for access to chiropractic First reading by publication (Art. III, s. 7, Florida Constitution). physicians; amending s. 440.15, F.S.; including licensed psychologists Referred to the Committee(s) on Water & Resource Management, under an authorization to determine permanent impairment; providing Environmental Protection, and Community Affairs. an effective date.

By the Committee on Law Enforcement & Crime Prevention; First reading by publication (Art. III, s. 7, Florida Constitution). Representative Futch— Referred to the Committee(s) on Insurance, Health Care Services, and HB 723—A bill to be entitled An act relating to the placement of rip Transportation & Economic Development Appropriations. current warning signs; providing a short title; creating s. 380.275, F.S.; By Representatives Farkas, Fasano, and Gay— providing for a cooperative effort among state agencies and local governments to plan for and assist in the placement of rip current HB 735—A bill to be entitled An act relating to the Health Facilities warning signs; providing that the Department of Community Affairs Authorities Law; amending s. 154.209, F.S.; revising language with shall direct and coordinate the program; requiring the development of respect to the power of the authority concerning an accounts receivable a uniform rip current warning sign; authorizing the department to program; providing an effective date. coordinate the distribution and erection of rip current warning signs; providing for rules; limiting the liability of participating governmental First reading by publication (Art. III, s. 7, Florida Constitution). entities; providing an effective date. Referred to the Committee(s) on Health Care Licensing & Regulation First reading by publication (Art. III, s. 7, Florida Constitution). and Finance & Taxation. Referred to the Committee(s) on Community Affairs and By Representative A. Greene— Transportation & Economic Development Appropriations. HB 737—A bill to be entitled An act relating to property taxes HB 725—Withdrawn amending s. 197.432, F.S.; prohibiting holders of tax certificates from contacting the owner of the property upon which a tax certificate is By Representative Byrd— issued until the expiration of a specified time; providing a penalty; HB 727—A bill to be entitled An act relating to state contracts with providing an effective date. religious organizations; providing a definition; authorizing certain First reading by publication (Art. III, s. 7, Florida Constitution). agencies to contract with religious organizations under certain programs or allow religious organizations to accept certificates, Referred to the Committee(s) on Real Property & Probate and Finance vouchers, or other forms of disbursement under certain programs; & Taxation. specifying eligibility of religious organizations; providing certain protections for religious organizations; authorizing alternative provision By Representative A. Greene— of services and disbursements under certain circumstances; requiring certain agencies to prepare implementation plans and submit the plans HB 739—A bill to be entitled An act relating to ad valorem taxation; to the Governor and the Legislature; providing an effective date. creating s. 192.205, F.S.; allowing local governmental bodies to levy interim improvement surcharges on improvements to real estate; First reading by publication (Art. III, s. 7, Florida Constitution). providing a formula for computing the surcharge; providing a maximum allowable dollar amount of such a surcharge; requiring notice; requiring Referred to the Committee(s) on Governmental Operations, Judiciary, a surcharge assessment roll to be prepared annually; providing for the and Transportation & Economic Development Appropriations. applicability of collection provisions; providing for uses of the proceeds of such surcharges; providing an effective date. By Representatives Byrd and Fasano— First reading by publication (Art. III, s. 7, Florida Constitution). HB 729—A bill to be entitled An act relating to Medicaid school-based services; creating the Medicaid Oversight Commission; providing for Referred to the Committee(s) on Community Affairs, Real Property & commission organization, membership, and duties; providing duties of Probate, Finance & Taxation, and Education Appropriations. the Agency for Health Care Administration; providing for reimbursement for per diem, travel expenses, and child care expenses; By Representatives Kilmer, Casey, Harrington, Boyd, Crady, and providing an effective date. Spratt—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 741—A bill to be entitled An act relating to trust funds; creating s. 395.607, F.S.; creating the Rural Hospital Capital Improvement Trust Referred to the Committee(s) on Health Care Services, Fund within the Department of Health; providing an annual Education/K-12, and Health & Human Services Appropriations. appropriation for a specified period and providing for quarterly By Representative A. Greene— distribution thereof over that period for specified purposes; providing for reimbursement or deduction and subsequent redistribution of amounts HB 731—A bill to be entitled An act relating to interference with used for unauthorized purposes; providing applicability to new rural custody; amending s. 787.03, F.S.; prescribing duties of persons who hospitals during a fiscal year; providing rulemaking authority; take minor children when fleeing from situations of actual or threatened providing for future review and termination or re-creation of the trust domestic violence; providing penalties; providing an effective date. fund; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Family Law & Children, Crime & Referred to the Committee(s) on Health Care Services, Governmental Punishment, and Criminal Justice Appropriations. Rules & Regulations, and Health & Human Services Appropriations.

By Representative Futch— By Representative Lacasa—

HB 733—A bill to be entitled An act relating to workers’ HB 743—A bill to be entitled An act relating to limited liability compensation; amending s. 440.13, F.S.; including licensed companies; amending ss. 199.023 and 199.052, F.S.; specifying 66 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 membership interests in certain corporations as indicia of ownership for accountability; amending s. 229.555, F.S., relating to educational certain purposes; including limited liability companies within certain planning and information systems; revising to conform; amending s. provisions relating to corporations; providing an effective date. 229.565, F.S.; eliminating the requirement that the Commissioner of Education designate program categories and grade levels for which First reading by publication (Art. III, s. 7, Florida Constitution). performance standards are to be approved; amending s. 229.57, F.S.; revising the purpose of the student assessment program; revising Referred to the Committee(s) on Financial Services, Judiciary, provisions relating to the administration of the National Assessment of Finance & Taxation, and General Government Appropriations. Educational Progress; revising the statewide assessment program; By Representative Lacasa— revising requirements relating to the annual report of the results of the statewide assessment program; providing for the identification of HB 745—A bill to be entitled An act relating to citrus canker disease; schools by performance grade category according to student and school amending s. 581.184, F.S.; requiring the Department of Agriculture and performance data; providing for the identification of school Consumer Services to adopt specified rules relating to the eradication of improvement ratings; amending s. 229.58, F.S.; removing a reference to citrus canker disease; amending s. 602.025, F.S.; revising legislative the Florida Commission on Education Reform and Accountability; intent of ch. 602, F.S.; amending s. 602.035, F.S.; revising the schedule increasing the authority that each school identified in a certain of compensation for citrus nursery plants destroyed by citrus canker performance grade category has over the allocation of the school’s total disease to include specified claimants; amending s. 602.055, F.S.; budget; amending s. 229.591, F.S.; revising provisions relating to the revising provisions with respect to the deadline for filing of required system of school improvement and education accountability to reflect release of claims; amending s. 602.065, F.S.; providing for notification to that students are not required to attend schools designated in a certain specified claimants; providing an effective date. performance grade category; revising the state education goals; amending s. 229.592, F.S., relating to the implementation of the state First reading by publication (Art. III, s. 7, Florida Constitution). system of school improvement and education accountability; removing obsolete language; removing references to the Florida Commission on Referred to the Committee(s) on Agriculture, Judiciary, and General Education Reform and Accountability; deleting the requirement that Government Appropriations. the Commissioner of Education appear before the Legislature; revising duties of the Department of Education; revising duties of the State By Representatives Wiles and Lynn— Board of Education; revising provisions relating to waivers from HB 747—A bill to be entitled An act relating to the tax on sales, use, statutes; correcting cross references; repealing s. 229.593, F.S., relating and other transactions; amending s. 212.08, F.S.; providing an to the Florida Commission on Education Reform and Accountability; exemption for sales or leases to nonprofit organizations the sole or repealing s. 229.594, F.S., relating to the powers and duties of the primary function of which is to raise funds for organizations currently commission; amending s. 229.595, F.S., relating to the implementation holding a consumer’s certificate of exemption issued by the Department of the state system of educational accountability for school-to-work of Revenue; providing an effective date. transition; revising provisions relating to the assessment of readiness to enter the workforce; removing a reference to the Florida Commission on First reading by publication (Art. III, s. 7, Florida Constitution). Education Reform and Accountability; amending s. 230.23, F.S., relating to powers and duties of school boards; revising provisions Referred to the Committee(s) on Finance & Taxation and General relating to the compensation and salary schedules of school employees; Government Appropriations. revising provisions relating to courses of study and other instructional By the Committee on Crime & Punishment; Representative Ball— aids to include the term “instructional materials”; revising school board duties regarding the implementation and enforcement of school HB 749—A bill to be entitled An act relating to flea markets; improvement and accountability; revising policies regarding public providing definitions; requiring flea market vendors to retain invoices or disclosure; requiring school board adoption of certain policies; amending receipts for any new and unused merchandise purchased or obtained for s. 231.29, F.S.; revising the assessment procedure for school district resale; providing requirements with respect to invoices or receipts; instructional, administrative, and supervisory personnel; amending s. providing a time period for the maintenance of such records; authorizing 231.2905, F.S.; revising provisions of the Florida School Recognition law enforcement officers to request the production of such records under Program relating to financial awards based on employee performance; certain circumstances; providing a list of violations; providing revising initial criteria for identification of schools; amending s. 232.245, exceptions to the act; providing a procedure for hold orders; providing F.S.; relating to pupil progression; revising requirements relating to the penalties for violations; providing for an affirmative defense; providing provision of remedial instruction; providing requirements for the use of an effective date. resources for remedial instruction; requiring the adoption of rules regarding pupil progression; eliminating requirements relating to First reading by publication (Art. III, s. 7, Florida Constitution). student academic improvement plans; deleting requirements relating to mandatory remedial reading instruction; amending s. 228.053, F.S.; Referred to the Committee(s) on Business Regulation & Consumer relating to developmental research schools; correcting cross references; Affairs and Criminal Justice Appropriations. amending s. 228.054, F.S., relating to the Joint Developmental Research By Representative Diaz de la Portilla— School Planning, Articulation, and Evaluation Committee; correcting a cross reference; amending s. 233.17, F.S., relating to the term of HB 751—A bill to be entitled An act relating to educational adoption of instructional materials; correcting cross references; accountability; amending s. 229.0535, F.S.; revising provisions relating amending s. 236.685, F.S., relating to educational funding to the authority of the State Board of Education to enforce school accountability; correcting a cross reference; amending s. 20.15, F.S., improvement; creating s. 229.0537, F.S.; providing findings and intent relating to the creation of the Department of Education; removing a language; requiring private school opportunity scholarships to be reference to the Florida Commission on Education Reform and provided to certain public school students; providing student eligibility Accountability; creating s. 236.08104, F.S.; establishing a supplemental requirements; providing school district requirements; providing an academic instruction categorical fund; providing findings and intent; alternative to accepting a state opportunity scholarship; providing providing requirements for the use of funds; amending s. 236.013, F.S.; private school eligibility criteria; providing student attendance eliminating certain provisions relating to calculations of the equivalent requirements; providing parental involvement requirements; providing of a full-time student; revising provisions relating to membership in a district reporting requirement; providing for calculation of the amount programs scheduled for more than 180 days; amending s. 239.101, F.S., and distribution of state opportunity scholarship funds; authorizing the relating to career education; correcting cross references; amending s. adoption of rules; amending s. 229.512, F.S.; revising provisions relating 239.229, F.S., relating to vocational standards; correcting cross to the authority of the Commissioner of Education regarding the references; amending s. 240.529, F.S., relating to approval of teacher implementation of the program of school improvement and education education programs; correcting a cross reference; reenacting s. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 67

24.121(5)(b), (c), and (d), F.S., relating to the Educational Enhancement mathematics, technology, and intervention strategies with students; Trust Fund, s. 120.81(1)(b), F.S., relating to tests, test scoring criteria, deleting alternative ways to demonstrate general knowledge or testing procedures, s. 228.053(3) and (8), F.S., relating to competency; amending s. 231.174, F.S., relating to district programs for developmental research schools, s. 228.054(2)(e), F.S., relating to the adding certification coverages; removing limitation to specific Joint Developmental Research School Planning, Articulation, and certification areas; amending s. 231.29, F.S.; requiring certain Evaluation Committee, s. 228.056(9)(e) and (f), F.S., relating to charter personnel-performance assessments to be primarily based on student schools, s. 228.0565(6)(b), (c), and (d), F.S., relating to deregulated performance; amending s. 231.546, F.S.; specifying duties of the public schools, s. 228.301(1), F.S., relating to test security, s. Education Standards Commission; amending s. 231.600, F.S.; 229.551(1)(c) and (3), F.S., relating to educational management, s. prescribing the responsibilities of school district professional- 230.03(4), F.S., relating to school district management, control, development programs; amending s. 240.529, F.S.; revising criteria for operation, administration, and supervision, s. 230.2316(4)(b), F.S., initial and continuing approval of teacher-preparation programs; relating to dropout prevention, s. 231.085, F.S., relating to duties of increasing the requirements for a student to enroll in and graduate from principals, s. 231.24(3)(a), F.S., relating to the process for renewal of a teacher-education program; requiring annual reports of program professional certificates, s. 231.36(3)(e) and (f), F.S., relating to performance; creating certain institutes for intensive inservice training contracts with instructional staff, supervisors, and principals, s. in reading, mathematics, and algebra; providing criteria for instruction, 231.600(1), F.S., relating to the School Community Professional admissions, and evaluation; authorizing professional development Development Act, s. 232.2454(1), F.S., relating to district student academies to meet human resource development needs of educators, performance standards, instruments, and assessment procedures, s. school, and school districts; providing for organization and operation by 232.246(5)(a) and (b), F.S., relating to general requirements for high public and private partners; providing for funding; specifying duties of school graduation, s. 232.248, F.S., relating to confidentiality of the Commissioner of Education; repealing s. 231.601, F.S., relating to assessment instruments, s. 232.2481(1), F.S., relating to graduation and purpose of inservice training for instructional personnel; providing an promotion requirements for publicly operated schools, s. 233.09(4), F.S., effective date. relating to duties of instructional materials committees, s. 233.165(1)(b), F.S., relating to the selection of instructional materials, s. 233.25(3)(b), First reading by publication (Art. III, s. 7, Florida Constitution). F.S., relating to publishers and manufacturers of instructional Referred to the Committee(s) on Transforming Florida Schools, materials, s. 236.08106(2)(a) and (c), F.S., relating to the Excellent Select. Teaching Program, s. 236.685(6), F.S., relating to educational funding accountability, s. 239.101(7), F.S., relating to career education, s. By Representative Melvin— 239.229(1) and (3), F.S., relating to vocational standards, s. 240.118(4), F.S., relating to postsecondary feedback of information to high schools, HB 755—A bill to be entitled An act relating to school safety and s. 240.529(1), F.S., relating to approval of teacher preparation programs, truancy reduction; amending s. 230.23, F.S.; requiring school to incorporate references; providing effective dates. improvement plans to include additional issues; amending s. 230.2316, F.S.; providing for priorities for school districts projecting FTE for First reading by publication (Art. III, s. 7, Florida Constitution). certain dropout prevention programs; specifying the elements of dropout prevention programs; specifying additional contents for the education Referred to the Committee(s) on Transforming Florida Schools, program; requiring students in grades 1-12 to be eligible for dropout Select. prevention programs; providing for applications by school districts to By Representative Lynn— the Department of Education for grants to operate second chance schools; establishing grant and program requirements; providing for the HB 753—A bill to be entitled An act relating to education; stating an generation of operating funds through programs of the Florida intent to increase standards for the preparation, certification, and Education Finance Program; providing new requirements for students professional development of educators; directing the Department of seeking to reenter traditional schools; amending s. 231.085, F.S.; Education to review statutes and rules governing certification to requiring principals to ensure the accuracy and timeliness of school increase efficiency, rigor, and alternatives in the certification process; reports; requiring principals to provide staff training opportunities; requiring a report; amending s. 24.121, F.S.; specifying conditions for amending s. 231.17, F.S.; providing for additional minimum withholding allocations from the Educational Enhancement Trust competencies for professional certification for certain educators; Fund; amending s. 229.592, F.S.; prohibiting the waiver of a required creating s. 232.001, F.S.; allowing the Manatee County District School report of out-of-field teachers; amending s. 230.23, F.S., relating to Board and certain other district school boards to implement pilot district school board powers and duties; requiring certain performance- projects to raise the compulsory age of attendance for children; based pay for school administrators and instructional personnel; providing requirements for school boards that choose to participate in amending s. 231.02, F.S.; correcting a reference; amending s. 231.0861, pilot projects; providing for the applicability of state law and State F.S.; requiring the State Board of Education to approve criteria for Board of Education rule; providing an exception from the provisions selection of certain administrative personnel; authorizing school relating to a declaration of intent to terminate school enrollment; districts to contract with private entities for evaluation and training of requiring a study; amending s. 232.17, F.S.; providing legislative such personnel; amending s. 231.085, F.S.; specifying principals’ findings; placing responsibility on school district superintendents for responsibilities for assessing performance of school personnel and enforcing attendance; establishing requirements for school board implementing the Sunshine State Standards; amending s. 231.087, F.S.; policies; revising the current steps for enforcing regular school requiring the State Board of Education to adopt rules governing the attendance; requiring public schools to follow the steps; establishing the training of school district management personnel; providing for review requirements for school principals, primary teachers, child study teams, and repeal of the Management Training Act; requiring and parents; providing for parents to appeal; allowing the recommendations; amending s. 231.09, F.S.; prescribing duties of superintendent to seek criminal prosecution for parental instructional personnel; amending s. 231.096, F.S.; requiring a school noncompliance; requiring the superintendent to file certain petitions board plan to ensure the competency of teachers with out-of-field involving ungovernable children in certain circumstances; requiring the teaching assignments; amending s. 231.145, F.S.; revising purpose to superintendent to provide the court with certain evidence; allowing for reflect increased requirements for certification; amending s. 231.15, court enforcement for children who refuse to comply; revising the notice F.S.; authorizing certification based on demonstrated competencies; requirements to parents, guardians, or others; eliminating a current requiring rules of the State Board of Education to specify certain condition for notice; eliminating the option for referral to case staffing competencies; requiring consultation with postsecondary education committees; requiring the superintendent to take steps to bring about boards; amending s. 231.17, F.S.; revising prerequisites for certification; criminal prosecution and requiring related notice; allowing for the requiring demonstration of general knowledge before temporary return of absent children to additional locations; requiring parental certification; increasing the requirement that teachers know and use notification; amending s. 232.19, F.S., relating to habitual truancy; 68 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 requiring that a court order for school attendance be obtained as a part providing a right of action for damages; specifying conduct on certain of services; revising the requirements that must be met prior to filing a premises; providing for refusal of service; providing for proprietor’s petition; amending s. 232.26, F.S.; removing a limitation on the rights relating to disorderly conduct on premises; providing for principal’s authority to discipline or expel pupils for unlawful possession detention and arrest; providing certain immunity from liability; or use of controlled substances under chapter 893, F.S.; amending s. prohibiting obtaining lodging fraudulently; providing a penalty; 240.529, F.S.; providing additional legislative intent related to teacher providing for rules of evidence in prosecutions; providing for rights of a preparation programs; providing for the required college entrance proprietor relating to theft of property; providing for detention and examination score for admission into an approved teacher preparation arrest; providing penalties; providing a penalty for employee theft; program; providing the criteria for continued program approval; providing for disposition of unclaimed property; providing for telephone providing for the requirements for instructors in postsecondary teacher surcharges under certain circumstances; providing for firesafety; preparation programs who instruct or supervise preservice field specifying safety regulations; authorizing the department to adopt rules experience courses or internships; eliminating the requirement related for certain buildings; providing for inspection; specifying sanitary to a commitment to teaching in the public schools for a period of time; regulations; requiring a permit to operate; providing penalties under providing additional requirements for school district and instructional certain circumstances; specifying allocation of proceeds; specifying permit as prerequisite for certain local permits; providing for issuance personnel who supervise or direct certain teacher preparation students; of permits; providing for permit fees; providing for revocation of permits; amending s. 984.03, F.S.; redefining the term “habitual truant”; providing for fines; providing procedures; specifying certain prohibited requiring the state attorney to file a child-in-need-of-services petition in acts; providing for application; providing for complaints by aggrieved certain circumstances; eliminating the requirement for referral for parties; providing for prosecution for certain violations; providing duties evaluation; providing an effective date. of the State Attorney; providing penalties; providing for enforcement; First reading by publication (Art. III, s. 7, Florida Constitution). providing for issuing citations; requiring certain persons to assist the department in enforcement; providing a proprietor’s right to lockout and Referred to the Committee(s) on Transforming Florida Schools, interruption of utilities under certain circumstances; providing for a Select. proprietor’s right to recover premises; providing for a writ of distress; providing for venue and jurisdiction; providing for certain complaints; By Representative Flanagan— providing requirements; providing for a prejudgment writ of distress; providing levy under a writ of distress; specifying the form of such writ; HB 757—A bill to be entitled An act relating to release of employee providing for inventory under such writ; providing exemptions from information by employers; amending s. 768.095, F.S.; expanding such writ; providing for third party claims under such writ; providing for provisions relating to employer immunity from liability and disclosure judgment for the plaintiff under certain circumstances; providing for of information regarding former employees to include immunity from judgment for the defendant under certain circumstances; providing for liability for current employers and disclosure of information with sale of certain property under certain circumstances; providing an respect to current employees; providing specified requirements of effective date. employers with respect to a background investigation of an applicant for employment or appointment as a full-time, part-time, or auxiliary law First reading by publication (Art. III, s. 7, Florida Constitution). enforcement officer, correctional officer, or correctional probation officer; providing requirements with respect to an authorization to release HB 761—Withdrawn information; providing a penalty for noncompliance; providing an By Representative Greenstein— effective date. HB 763—A bill to be entitled An act relating to individual First reading by publication (Art. III, s. 7, Florida Constitution). development accounts; providing purposes; providing definitions; requiring the Department of Revenue to amend the Temporary Referred to the Committee(s) on Judiciary and Governmental Assistance for Needy Families State Plan to provide for use of funds for Operations. individual development accounts; specifying criteria and requirements By Representative Trovillion— for contributions to such accounts; specifying purposes for use of such accounts; providing for procedures for withdrawals from such accounts; HB 759—A bill to be entitled An act relating to affordable residential specifying certain organizations to act as fiduciary organizations for accommodations establishments; creating ss. 510.011, 510.013, 510.021, certain purposes; providing for penalties for withdrawal of moneys for 510.032, 510.033, 510.034, 510.036, 510.037, 510.038, 510.041, 510.042, certain purposes; providing for resolution of certain disputes; providing 510.101, 510.105, 510.111, 510.121, 510.122, 510.123, 510.131, 510.132, for transfer of ownership of such accounts under certain circumstances; 510.133, 510.134, 510.136, 510.138, 510.141, 510.142, 510.143, 510.151, providing for establishment of such accounts by certain financial 510.161, 510.162, 510.191, 510.201, 510.211, 510.212, 510.215, 510.221, institutions under certain circumstances; providing requirements; 510.241, 510.245, 510.247, 510.251, 510.261, 510.262, 510.265, 510.281, providing that account funds and matching funds do not affect certain 510.282, 510.285, 510.401, 510.402, 510.403, 510.404, 510.405, 510.406, program eligibility; providing an effective date. 510.407, 510.408, 510.409, 510.411, 510.412, 510.413, 510.414, 510.415, 510.416, and 510.417, F.S.; providing a short title; providing definitions; First reading by publication (Art. III, s. 7, Florida Constitution). providing for use and operation of the Affordable Residential Referred to the Committee(s) on Children & Families, Financial Accommodations Trust Fund; providing for deposit of certain moneys Services, and Transportation & Economic Development Appropriations. into the fund; providing application; providing duties of the Department of Health; providing for nondiscrimination; providing for form and By Representative Lynn— service of notices; providing for a right of entry; specifying the relationship of resident and proprietor; specifying certain rights; HB 765—A bill to be entitled An act relating to postsecondary providing for rules; providing for variances; providing penalties; education; providing legislative findings and intent; creating the site- providing for state preemption; providing for establishment of certain determined baccalaureate degree access program; authorizing funding; rules; providing for notice; requiring maintenance of a register; providing for participation by community colleges and 4-year specifying an obligation of good faith; providing for disclosure; providing postsecondary institutions; specifying duties of the Postsecondary for rent; providing for duration of tenancies; providing for rental rates; Education Planning Commission; specifying funding levels; requiring providing for posting and advertising of rates; providing penalties; program reviews and evaluation; providing an effective date. providing for access by residents; specifying a proprietor’s obligation to First reading by publication (Art. III, s. 7, Florida Constitution). maintain premises; providing for liability for property of residents; specifying a resident’s obligation to maintain a dwelling unit; providing Referred to the Committee(s) on Colleges & Universities, Community for proprietor’s access to a dwelling unit; providing for casualty damage; Colleges & Career Prep, and Education Appropriations. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 69

By Representative Prieguez— time the offer was made; amending s. 57.071, F.S.; providing criteria under which expert witness fees may be awarded as taxable costs; HB 767—A bill to be entitled An act relating to freight forwarders; providing for expedited trials; amending s. 768.77, F.S.; deleting a requiring freight forwarders to provide warehouse receipts or copies of requirement to itemize future damages on verdict forms; amending s. airway bills or bills of lading to certain business entities for certain 768.78, F.S.; conforming provisions relating to alternative methods of purposes; providing receipt requirements; requiring freight forwarders payment of damage awards to changes made by the act; correcting a to maintain certain records for a time certain; providing an effective cross reference; amending s. 95.031, F.S.; imposing a 12-year statute of date. repose on actions for product liability, with certain exceptions; First reading by publication (Art. III, s. 7, Florida Constitution). specifying the date by which certain actions must be brought or be otherwise barred by the statute of repose; creating s. 768.1256, F.S.; Referred to the Committee(s) on Business Regulation & Consumer providing a government rules defense with respect to certain product Affairs and Transportation. liability actions; providing for a rebuttable presumption; creating s. 768.0705, F.S.; providing limitations on premises liability for a person By Representative Roberts— or organization owning or controlling an interest in a business premises; providing for a presumption against liability; providing conditions for HB 769—A bill to be entitled An act relating to traffic stop statistics; the presumption; amending s. 768.075, F.S.; delineating the duty owed directing the Florida Department of Law Enforcement to conduct a to trespassers by a person or organization owning or controlling an study of routine traffic stops by law enforcement officers; providing for interest in real property; providing definitions; providing for the factors to be included in the study; providing for an annual report; avoidance of liability to discovered and undiscovered trespassers under providing an effective date. described circumstances; providing immunity from certain liability First reading by publication (Art. III, s. 7, Florida Constitution). arising out of the attempt to commit or the commission of a felony; creating s. 768.725, F.S.; providing for evidentiary standards for an Referred to the Committee(s) on Transportation, Law Enforcement & award of punitive damages; amending s. 768.72, F.S.; revising Crime Prevention, and Criminal Justice Appropriations. provisions with respect to claims for punitive damages in civil actions; requiring clear and convincing evidence of gross negligence or By Representative Bilirakis— intentional misconduct to support the recovery of such damages; HB 771—A bill to be entitled An act relating to hospices; amending providing definitions; providing criteria for the imposition of punitive s. 400.605, F.S.; revising authority of the Department of Elderly Affairs damages with respect to employers, principals, corporations, or other to adopt rules for hospice standards and procedures; amending ss. legal entities for the conduct of an employee or agent; providing for the 400.6085 and 400.609, F.S.; authorizing contracts for physician services; application of the section; amending s. 768.73, F.S.; revising provisions providing an effective date. with respect to limitations on punitive damages; providing monetary limitations; providing an exception with respect to intentional First reading by publication (Art. III, s. 7, Florida Constitution). misconduct; providing for the effect of certain previous punitive damages awards; specifying the basis for calculating attorney’s fees on Referred to the Committee(s) on Elder Affairs & Long-Term Care and judgments for punitive damages; providing for the application of the Health Care Licensing & Regulation. section; creating s. 768.736, F.S.; providing that ss. 768.725 and 768.73, By Representative Ogles— F.S., relating to punitive damages, do not apply to intoxicated defendants; amending s. 768.81, F.S.; providing for the apportionment HB 773—A bill to be entitled An act relating to agricultural pests and of damages on the basis of joint and several liability when a party’s fault diseases; creating the Task Force on Agricultural Pests and Diseases; exceeds a certain percentage; limiting the applicability of joint and providing for its membership and duties; directing the Department of several liability based on the amount of damages; providing for the Agriculture and Consumer Services to establish a program for the allocation of fault to a nonparty; requiring that such fault must be reimbursement of temporary relocation expenses incurred to avoid proved by a preponderance of the evidence; amending s. 324.021, F.S.; Malathion spraying; providing an appropriation; providing an effective providing that the lessor of a motor vehicle under certain rental date. agreements shall be deemed the owner of the vehicle for the purpose of determining liability for the operation of the vehicle within certain First reading by publication (Art. III, s. 7, Florida Constitution). limits; providing for the liability of the owner of a motor vehicle who loans the vehicle to certain users; providing for application; limiting Referred to the Committee(s) on Agriculture, Health Care Services, liability of parties to joint employment arrangement; providing a and General Government Appropriations. definition of joint employment; providing for severability; providing an By the Committee on Judiciary; Representative Byrd— effective date.

HB 775—A bill to be entitled An act relating to civil actions; creating First reading by publication (Art. III, s. 7, Florida Constitution). s. 40.50, F.S.; providing for instructions to juries after the jury is sworn Referred to the Calendar of the House. in; providing for the taking of notes under certain circumstances; providing for notebooks; providing for written questions; providing for By Representative Sanderson— final instructions; amending s. 44.102, F.S.; requiring that the court require mediation in certain actions for monetary damages; amending HM 777—A memorial requesting the United States Congress to s. 44.104, F.S.; providing for voluntary trial resolution upon the prepare and submit to the states an amendment to the United States agreement of parties to a civil dispute; providing for the appointment Constitution prohibiting federal courts from ordering a state to levy or and compensation of a trial resolution judge; providing guidelines for increase taxes. conducting a voluntary trial resolution; providing for enforcement and appeal; amending s. 57.105, F.S.; revising conditions for award of First reading by publication (Art. III, s. 7, Florida Constitution). attorney’s fees for presenting unsupported claims or defenses; Referred to the Committee(s) on Judiciary, Finance & Taxation, and authorizing damage awards against a party for unreasonable delay of Rules & Calendar. litigation; authorizing the court to impose additional sanctions; amending s. 768.79, F.S.; providing for the applicability of offers of By Representative Eggelletion— judgment and demand of judgment in cases involving multiple plaintiffs; providing that subsequent offers shall void previous offers; HB 779—A bill to be entitled An act relating to solid and hazardous providing that prior to awarding costs and fees the court shall determine waste; providing annual funding from the Solid Waste Management whether the offer was reasonable under the circumstances known at the Trust Fund to assist private businesses in complying with waste 70 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 management requirements and attaining waste reduction and recycling Economic Development Office to establish a linked-deposit program for goals; providing an effective date. minority and small business enterprises; providing an expiration date; amending s. 290.0075, F.S.; extending the expiration date of the First reading by publication (Art. III, s. 7, Florida Constitution). enterprise-zone linked-deposit program; amending ss. 17.11, 255.102, Referred to the Committee(s) on Environmental Protection, Business 287.042, 287.057, 287.0947, 288.703, F.S.; conforming provisions; Development & International Trade, and General Government providing an effective date. Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Heyman, Crist, Villalobos, Cantens, Ball, Referred to the Committee(s) on Business Development & Trovillion, Morroni, Crady, and Cosgrove— International Trade, Colleges & Universities, Governmental Operations, and Transportation & Economic Development HB 781—A bill to be entitled An act relating to court-imposed Appropriations. financial obligations in criminal cases; amending s. 938.30, F.S.; providing for conversion of court-ordered obligations to pay court costs By Representative Andrews— into obligations to perform community service, under specified circumstances; providing for assessments against a person for HB 787—A bill to be entitled An act relating to charter schools capital reimbursements for the costs of processing bench warrants and pickup outlay funding; amending s. 228.0561, F.S.; revising provisions relating orders; providing for penalties; providing an effective date. to capital outlay funding for charter schools; providing for certain charter schools established by municipalities to be eligible for funding; First reading by publication (Art. III, s. 7, Florida Constitution). requiring the development and adoption of a definition of “overcrowded Referred to the Committee(s) on Crime & Punishment and Criminal area”; establishing a maximum funding level; providing an effective Justice Appropriations. date.

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

HB 783—A bill to be entitled An act relating to provider contracts; Referred to the Committee(s) on Education/K-12 and Education creating s. 626.8812, F.S.; requiring an insurance administrator to pay Appropriations. certain contract provider claims under certain circumstances; providing By Representative Dockery— requirements for administrators in denying claims; requiring contract providers to provide certain information under certain circumstances; HB 789—A bill to be entitled An act relating to collateral protection specifying conditions of payment of claims; providing for interest on insurance; creating s. 624.6085, F.S.; defining collateral protection overdue claim payments; requiring payment of claims within a time insurance; providing for initiation of coverage; excluding residential certain; amending s. 641.31, F.S.; authorizing a subscriber to terminate coverage; providing an effective date. a health maintenance contract under certain circumstances; limiting certain activities by a health maintenance organization between open First reading by publication (Art. III, s. 7, Florida Constitution). enrollment periods; authorizing a health maintenance organization to amend a contract under certain circumstances; amending s. 641.315, Referred to the Committee(s) on Insurance, Business Regulation & F.S.; prohibiting certain provisions in contracts between health care Consumer Affairs, Real Property & Probate, and General Government providers and health maintenance organizations; providing application; Appropriations. amending s. 641.3155, F.S.; providing application to fiscal intermediary By Representative Dockery— services organizations; providing an effective date. HB 791—A bill to be entitled An act relating to premium security First reading by publication (Art. III, s. 7, Florida Constitution). deposits; creating s. 627.4045, F.S.; authorizing insurers to accept and Referred to the Committee(s) on Health Care Services, Insurance, hold premium security deposits for certain purposes; providing a Health Care Licensing & Regulation, and Health & Human Services definition; authorizing an insurer to pay interest on such deposits; Appropriations. specifying conditions under which such deposits are considered premium; including such deposits within the definition of covered claim By Representative Eggelletion— for certain purposes; providing an effective date.

HB 785—A bill to be entitled An act relating to property and services First reading by publication (Art. III, s. 7, Florida Constitution). procurement; amending s. 240.205, F.S.; requiring that the Board of Regents comply with the minority business enterprise program; Referred to the Committee(s) on Insurance, Business Regulation & amending s. 240.227, F.S.; requiring that university presidents comply Consumer Affairs, Finance & Taxation, and General Government with the minority business enterprise program; amending s. 287.012, Appropriations. F.S.; redefining the terms “agency” and “office”; creating s. 287.085, F.S.; providing for price preferences in historically underutilized business By Representative Prieguez— zones; creating s. 287.086, F.S.; creating a small business enterprise HB 793—A bill to be entitled An act relating to tax on sales, use, and program with goals, incentives, and size standards; creating s. 287.0941, other transactions; amending s. 212.17, F.S.; revising provisions F.S.; prohibiting specified activities; providing civil penalties; amending relating to conditions under which a dealer may take a credit or obtain s. 287.0943, F.S.; revising certification criteria for certain minority a refund for taxes paid on unpaid balances of worthless accounts; business enterprises; amending s. 287.09431, F.S.; providing for providing intent; providing an effective date. flexibility in statewide reciprocal certification agreements; amending s. 287.09451, F.S.; creating the Commission on Small Business and First reading by publication (Art. III, s. 7, Florida Constitution). Economic Development composed of the Governor and Cabinet; renaming the Minority Business Advocacy and Assistance Office as the Referred to the Committee(s) on Business Regulation & Consumer Small Business and Economic Development Office; revising procedural Affairs, Finance & Taxation, and General Government Appropriations. requirements for property and services expenditure percentages for HB 795—Withdrawn specified minorities; requiring the office to develop procedures to establish dollar goals by procurement category for certain agencies; By Representative Hill— providing an expiration date; providing for the appointment of a Minority Business Ombudsman; creating a mentor and protege HB 797—A bill to be entitled An act relating to the prevention of HIV program; creating s. 287.0946, F.S.; authorizing the Small Business and and AIDS; creating the Minority HIV and AIDS Task Force within the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 71

Department of Health; requiring the task force to develop Laws of Florida, and s. 1(1)(b) of chapter 91-361, Laws of Florida, recommendations on ways to strengthen HIV and AIDS prevention and relating to the East Charlotte Drainage District; providing an effective treatment programs in minority communities; requiring the Secretary date. of Health to appoint the members of the task force; requiring that the task force include representatives of certain groups and organizations; Proof of publication of the required notice was attached. providing for the members to serve without compensation; requiring a First reading by publication (Art. III, s. 7, Florida Constitution). report to the Legislature; providing for the task force to be abolished on a specified date; requiring that the Department of Health develop and Referred to the Committee(s) on Community Affairs and Water & implement a statewide HIV and AIDS prevention campaign that is Resource Management. directed to minorities; providing requirements for the campaign; requiring the department to establish positions within the department By the Committee on Colleges & Universities; Representatives Casey, for regional and statewide coordinators; requiring that the department Waters, Dennis, and Bense— conduct a Black Leadership Conference on HIV and AIDS by a specified date; providing an appropriation; providing an effective date. HB 805—A bill to be entitled An act relating to the college reach-out program; reviving and readopting s. 240.61, F.S., relating to the college First reading by publication (Art. III, s. 7, Florida Constitution). reach-out program; providing an effective date.

Referred to the Committee(s) on Health Care Services, Finance & First reading by publication (Art. III, s. 7, Florida Constitution). Taxation, and Health & Human Services Appropriations. Referred to the Committee(s) on Education/K-12 and Education By Representative Rayson— Appropriations.

HB 799—A bill to be entitled An act relating to insurance; amending By Representatives Rojas and Barreiro— s. 627.0629, F.S.; requiring insurers to provide certain discounts, credits, or other rate differentials in their rating manuals under certain HB 807—A bill to be entitled An act relating to a court watcher’s circumstances; clarifying the application of certain discounts for mobile program; providing a short title; providing legislative goals; directing home owner’s insurance rate filings; requiring insurers to implement the Office of the Attorney General to assist a court watchers’ certain discounts or rate differentials for mobile home insurance organization; defining the term “court watcher”; providing for creation premiums; providing criteria; amending s. 627.4091, F.S.; prohibiting and incorporation of a not-for-profit court watchers’ organization insurers from canceling or nonrenewing residential policies without entitled the “Alliance for Constitutional and Ethical Court Watch notice; providing requirements for such notice; amending s. 627.4133, Program”; providing organization and responsibilities of the alliance; F.S.; requiring insurers to offer coverage for certain replacement providing for a board of directors; prescribing qualifications of board property under certain circumstances; creating s. 627.4138, F.S.; members; providing for a president of the alliance; providing for hiring providing restrictions on cancellation or nonrenewal of residential of alliance employees; providing certain exemptions from part I of ch. coverage; amending s. 627.701, F.S.; increasing the value of a risk at 110, F.S., relating to state employment; providing for applicability to the which certain hurricane or wind loss deductible provisions apply; president and court watchers of part IV of ch. 110, F.S., relating to providing definitions governing the applicability of hurricane and wind volunteers; providing for reimbursement for per diem and travel loss deductible provisions; repealing s. 627.3511(5)(b), F.S., relating expenses of the board and employees of the alliance; providing for office conditions under which an insurer or agent may qualify for a bonus or space; providing certain immunity from liability; providing for funding; exception from assessment with respect to the Residential Property and requiring the alliance board to submit an annual report to the Casualty Joint Underwriting Association; providing an effective date. Legislature, the Attorney General, and the Florida Supreme Court; providing an appropriation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Insurance, Real Property & Probate, Business Regulation & Consumer Affairs, and General Government Referred to the Committee(s) on Judiciary, Governmental Operations, Appropriations. and Criminal Justice Appropriations.

By Representative Putnam— By Representatives Bilirakis and Fasano—

HB 801—A bill to be entitled An act relating to local government HB 809—A bill to be entitled An act relating to courses of study; comprehensive plans; amending s. 163.3177, F.S.; specifying that, with amending s. 233.061, F.S.; including instruction regarding the sacrifices respect to the general sanitary sewer, solid waste, drainage, potable of veterans in required public school instruction; providing an effective water, and natural groundwater aquifer recharge element, the date. suitability of soils for septic tanks shall be established pursuant to s. First reading by publication (Art. III, s. 7, Florida Constitution). 381.0065, F.S.; amending s. 381.0065, F.S.; specifying the authority of the Department of Community Affairs with respect to review of plan Referred to the Committee(s) on Education Innovation, Community amendments related to said element; providing an effective date. Affairs, and Education Appropriations.

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

Referred to the Committee(s) on Water & Resource Management and HB 811—A bill to be entitled An act relating to child protective team Community Affairs. services; amending s. 409.9122, F.S.; requiring access to and reimbursement for certain services relating to child abuse, By Representative Harrington— abandonment, or neglect without preauthorization; amending s. 641.31, HB 803—A bill to be entitled An act relating to Charlotte County; F.S.; proscribing preauthorization for certain services relating to child providing for codification of special laws regarding special districts abuse, abandonment, or neglect; providing an effective date. pursuant to chapter 97-255, Laws of Florida, relating to the East First reading by publication (Art. III, s. 7, Florida Constitution). Charlotte Drainage District, an independent special tax district in Charlotte County; providing legislative intent; codifying and reenacting By Representatives Kosmas and Heyman— chapter 65-664, Laws of Florida, and chapter 85-395, Laws of Florida; providing for applicability of chapters 298 and 189, Florida Statutes, HB 813—A bill to be entitled An act relating to victim assistance; and other general laws; providing a district charter; repealing ss. 4, 5, amending s. 960.045, F.S., relating to powers and duties of the 6, 7, 8, 9, 12, and 13 of chapter 65-664, Laws of Florida, chapter 80-472, Department of Legal Affairs under the Florida Crimes Compensation 72 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Act; requiring the department to have a criminal history record check By Representative Maygarden— performed through the Florida Crime Information Center system on any victim or other claimant on whose behalf an award is sought under that HB 819—A bill to be entitled An act relating to the presidential preference primary; amending s. 103.101, F.S.; changing the date of the act; amending s. 960.065, F.S., relating to eligibility for awards; presidential preference primary; providing an effective date. providing that a person who has a criminal history of having committed a felony in this state, or of having committed a misdemeanor in this First reading by publication (Art. III, s. 7, Florida Constitution). state within 10 years of seeking the award, is ineligible for an award; amending s. 960.12, F.S., relating to emergency awards; prescribing as Referred to the Committee(s) on Election Reform. a condition for making an emergency award that the victim or other HB 821—Withdrawn claimant does not have such criminal history; amending s. 960.195, F.S.; prescribing as an additional condition for an award to an elderly person By Representative Roberts— or disabled adult for property loss that the claimant does not have such criminal history; amending s. 960.21, F.S., relating to the Crimes HB 823—A bill to be entitled An act relating to trust funds; creating the Small and Minority Business Trust Fund; providing for Compensation Trust Fund; specifying that payments to any victim or administration by the Small Business and Economic Development other claimant who has such criminal history do not constitute Office of the Commission on Small Business and Economic Development payments of necessary and proper expenses and claims out of the for certain purposes; providing for sources of moneys and purposes; Crimes Compensation Trust Fund; providing an effective date. providing for future review and termination or re-creation of the trust fund; providing a contingent effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Crime & Punishment and Criminal Justice Appropriations. Referred to the Committee(s) on Business Development & International Trade, Transportation & Economic Development By Representative Futch— Appropriations, and General Appropriations.

HB 815—A bill to be entitled An act relating to the Florida Space By Representative Wallace— Transportation Planning Act; providing a short title; amending s. 330.30, F.S.; exempting certain spaceports from a provision of law HB 825—A bill to be entitled An act relating to education; amending relating to the approval of airport sites and the licensing of airports; s. 236.081, F.S., relating to funds for operation of schools; providing amending s. 331.303, F.S.; revising definitions with respect to the funding for extension of the school year; providing an effective date. Spaceport Florida Authority Act; amending s. 331.304, F.S.; revising the First reading by publication (Art. III, s. 7, Florida Constitution). boundaries of spaceport territory; amending s. 331.305, F.S.; revising language with respect to the powers of the Spaceport Florida Authority; Referred to the Committee(s) on Education Innovation and Education amending s. 331.308, F.S.; deleting obsolete language with respect to the Appropriations. board of supervisors; amending s. 331.229, F.S.; revising language with By the Committee on Finance & Taxation; Representative Albright— respect to changing boundary lines for spaceports; amending s. 331.331, F.S.; removing a limitation on the issuance of certain revenue bonds; HB 827—A bill to be entitled An act relating to homestead exemption; amending s. 331.360, F.S.; providing for the development of a spaceport creating s. 196.075, F.S.; authorizing boards of county commissioners master plan; directing the Department of Transportation to promote and municipal governing authorities to grant by ordinance an additional and develop aerospace transportation facilities; amending s. 332.004, homestead exemption for persons 65 and older whose household income F.S.; providing definitions; amending s. 332.006, F.S.; providing for the does not exceed a specified amount; providing definitions; providing for duties and responsibilities of the Department of Transportation with annual adjustment of the income limitation; providing requirements for respect to aerospace development; amending s. 332.007, F.S.; providing such ordinances; requiring certain documentation of income; providing for the administration and financing of aerospace programs and application when title is held jointly with right of survivorship; projects; amending s. 334.03, F.S.; redefining the term “transportation providing an effective date. facility”; amending s. 339.155, F.S.; revising a provision of law governing First reading by publication (Art. III, s. 7, Florida Constitution). transportation planning to include reference to spaceport master plans; amending s. 339.175, F.S.; including reference to spaceports and Referred to the Committee(s) on Community Affairs. aerospace development with respect to metropolitan planning organizations; amending ss. 196.012 and 334.27, F.S.; correcting cross By Representative Kilmer— references to conform to the act; providing an effective date. HB 829—A bill to be entitled An act relating to art in state buildings; amending s. 255.043, F.S.; authorizing a specified portion of the total First reading by publication (Art. III, s. 7, Florida Constitution). appropriation for the original construction of a state building which Referred to the Committee(s) on Transportation, Business provides public access to be used for the acquisition of works of art; Development & International Trade, and Transportation & Economic reducing the limit of the total appropriation; providing an effective date. Development Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Futch and Lynn— Referred to the Committee(s) on Governmental Operations and General Government Appropriations. HB 817—A bill to be entitled An act relating to motor vehicle lease disclosure; amending s. 521.004, F.S.; requiring disclosure to the lessee, By Representative Harrington— prior to the time the lease is signed as to the effect with respect to the lease contract if the lessee or co-lessee dies before the expiration of the HB 831—A bill to be entitled An act relating to education; amending contract; providing an effective date. s. 231.40, F.S.; providing for payment into pretax annuities for accumulated sick leave to certain employees of district school systems; First reading by publication (Art. III, s. 7, Florida Constitution). limiting the amount of pay certain employees of district school systems may receive for unused sick leave upon termination of employment; Referred to the Committee(s) on Transportation and Business amending s. 231.481, F.S.; limiting the amount of pay certain employees Regulation & Consumer Affairs. of district school systems may earn for unused vacation leave upon March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 73 termination of employment; amending s. 240.343, F.S.; providing for 287.0947, 288.703, F.S.; conforming provisions; providing an effective community college district boards of trustees to adopt rules allowing date. payment for unused sick leave into pretax annuities; limiting the amount of pay certain employees of community college districts may First reading by publication (Art. III, s. 7, Florida Constitution). receive for unused sick leave upon termination of employment; Referred to the Committee(s) on Business Development & providing an effective date. International Trade, Colleges & Universities, Governmental Operations, and Transportation & Economic Development First reading by publication (Art. III, s. 7, Florida Constitution). Appropriations.

Referred to the Committee(s) on Governmental Operations and By Representative Sorensen— General Appropriations. HB 837—A bill to be entitled An act relating to natural disaster relief; By Representative Harrington— providing relief to the Monroe County School District for certain declared natural disasters; holding the school district harmless with HB 833—A bill to be entitled An act relating to the school year; respect to its 1998-1999 FEFP appropriation; providing an amending s. 228.041, F.S., relating to definitions of “school day,” “school appropriation to cover the costs of certain expenses related to recovery year,” “year of service,” and “year-round school”; extending the length of efforts; providing an effective date. the school year for students and for school employees; amending s. 230.23, F.S., relating to powers and duties of the school board; First reading by publication (Art. III, s. 7, Florida Constitution). increasing the length of the school year to 186 days; amending s. 230.33, Referred to the Committee(s) on Education/K-12, Community Affairs, F.S., relating to duties and responsibilities of the superintendent; and Education Appropriations. increasing the length of the school year to 186 days; amending s. 236.013, F.S.; revising definitions related to education funding to reflect By the Committee on Tourism; Representatives Starks, Farkas, the increase in the length of the school year; amending s. 236.02, F.S.; Dennis, Argenziano, Barreiro, Lynn, Bush, Melvin, Bloom, and increasing the length of the school year to a term of at least 186 actual Hafner— teaching days; increasing the term of service for school employees to 207 days; amending s. 236.08106, F.S., relating to the Excellent Teaching HB 839—A bill to be entitled An act relating to public records; Program; increasing term of service for school employees to 207 days; amending s. 288.1251, F.S.; providing an exemption from public records providing an effective date. requirements for information held by the Office of Film Commissioner relating to specified information with respect to the business activities First reading by publication (Art. III, s. 7, Florida Constitution). of private persons, partnerships, or corporations in the entertainment industry, when such confidentiality is requested; providing a penalty for Referred to the Committee(s) on Education/K-12 and Education violation of the act; providing for future review and repeal; providing a Appropriations. finding of public necessity; providing a contingent effective date.

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

HB 835—A bill to be entitled An act relating to property and services Referred to the Committee(s) on Business Development & procurement; amending s. 240.205, F.S.; requiring that the Board of International Trade, Business Regulation & Consumer Affairs, and Regents comply with the minority business enterprise program; Governmental Operations. amending s. 240.227, F.S.; requiring that university presidents comply By Representative Lawson— with the minority business enterprise program; amending s. 287.012, F.S.; redefining the terms “agency” and “office”; creating s. 287.085, F.S.; HB 841—A bill to be entitled An act relating to insurance; creating s. providing for price preferences in historically underutilized business 627.5015, F.S.; prohibiting delivery or issuance of industrial life zones; creating s. 287.086, F.S.; creating a small business enterprise insurance policies after a certain date; providing application; requiring program with goals, incentives, and size standards; amending s. disclosure of certain information to policyholders or premium payors; 287.0943, F.S.; revising certification criteria for certain minority amending ss. 627.4555 and 627.5045, F.S.; deleting an application business enterprises; amending s. 287.09431, F.S.; providing for exception from certain secondary notice requirements; providing an flexibility in statewide reciprocal certification agreements; amending s. effective date. 287.09451, F.S.; creating the Commission on Small Business and First reading by publication (Art. III, s. 7, Florida Constitution). Economic Development composed of the Governor and Cabinet; renaming the Minority Business Advocacy and Assistance Office as the Referred to the Committee(s) on Insurance and Business Regulation Small Business and Economic Development Office; revising procedural & Consumer Affairs. requirements for property and services expenditure percentages for specified minorities; requiring the office to develop procedures to By Representatives Kelly, Ogles, and Jones— establish dollar goals by procurement category for certain agencies; HB 843—A bill to be entitled An act relating to optometry; amending providing an expiration date; providing for the appointment of a s. 463.002, F.S.; revising definitions; amending s. 463.005, F.S.; revising Minority Business Ombudsman; creating a mentor and protege requirements relating to rules of the Board of Optometry; amending s. program; creating s. 287.09452, F.S.; establishing the Small and 463.0055, F.S.; authorizing administration and prescription of Minority Business Management and Technical Assistance Program; pharmaceutical agents within the scope and standards of optometric providing state purposes; providing for participation; providing program practice as established by the board by rule and providing requirements criteria and requirements; providing duties of the Small Business and with respect thereto; amending ss. 463.0057, 463.006, and 463.009, F.S., Economic Development Office; authorizing the office to engage in relating to optometric faculty certificates, licensure and certification by certain financial activities for program purposes; requiring a report; examination, and supportive personnel, to conform; amending s. creating s. 287.0946, F.S.; authorizing the Small Business and Economic 463.0135, F.S.; clarifying scope of optometric practice; amending s. Development Office to establish a linked-deposit program for minority 463.014, F.S.; eliminating the prohibition against the prescribing, and small business enterprises; providing an expiration date; amending ordering, dispensing, administering, supplying, selling, or giving of s. 290.0075, F.S.; extending the expiration date of the enterprise-zone systemic drugs, to conform; eliminating the prohibition against the use linked-deposit program; amending ss. 17.11, 255.102, 287.042, 287.057, of laser technology and authorizing such use within the scope and 74 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 standards of optometric practice as established by the board by rule; certain hospitals in charter counties; providing for future review and providing an effective date. repeal; providing an effective date.

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

Referred to the Committee(s) on Health Care Licensing & Regulation, Referred to the Committee(s) on Health Care Licensing & Regulation, Health Care Services, and Business Regulation & Consumer Affairs. Community Affairs, and Health & Human Services Appropriations.

By Representatives Wilson, Frankel, Barreiro, Putnam, Kelly, and HB 853—Withdrawn Crist— By Representatives Minton and Betancourt— HB 845—A bill to be entitled An act relating to human rights; amending s. 402.165, F.S.; redesignating the Statewide Human Rights HB 855—A bill to be entitled An act relating to school health services; Advocacy Committee as the Statewide Human Rights Advocacy Council; providing a short title; amending s. 381.0056, F.S.; defining the term revising membership of the statewide council; increasing the term of “entity” or “health care entity”; requiring that certain services be appointment to the statewide council; amending s. 402.166, F.S.; documented in a local school health services plan; specifying that redesignating the district human rights advocacy committees as the certain persons be considered agents of the state for purposes of local human rights advocacy councils; providing for additional local sovereign immunity when rendering specified services; creating s. councils to be established; increasing the term of appointment to a local 381.0058, F.S., relating to public-private partnerships for the provision council; providing for appointing a vice chairperson to each local council; of school nurse services; providing legislative intent and purpose; providing for local councils to monitor the activities of, and investigate providing departmental duties; providing a proposal submission and complaints against, the Department of Children and Family Services; review process; providing for the scope of services to be provided; amending s. 402.167, F.S.; revising provisions to reflect the providing for review and selection criteria; creating s. 381.0059, F.S., redesignation of the human rights advocacy committees as human relating to background screening requirements for school health rights advocacy councils; amending ss. 39.001, 39.202, 39.302, 393.13, services providers; specifying the persons who must submit to such 394.459, 394.4595, 394.4597, 394.4598, 394.4599, 394.4615, 400.0067, screening; specifying payment for screening services; providing grounds 400.0089, 400.419, 400.428, 415.1034, 415.104, 415.1055, 415.106, for disqualification; requiring certain attestation to screening 415.107, and 430.04, F.S.; conforming terminology to changes made by requirements; directing the Department of Health to determine a means the act; providing an effective date. by which certain units of local government may receive a designation for purposes of federal Title V programs; requiring a study of training First reading by publication (Art. III, s. 7, Florida Constitution). requirements for school health nurses; providing legislative intent relating to funding of the act; providing appropriations; providing an Referred to the Committee(s) on Children & Families, Governmental effective date. Operations, and Health & Human Services Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Ryan, Murman, Trovillion, Stafford, Merchant, Heyman, Patterson, and Gay— Referred to the Committee(s) on Health Care Services, Education/K-12, Community Affairs, and General Appropriations. HB 847—A bill to be entitled An act relating to juvenile detention; amending s. 985.211, F.S.; requiring a probable cause affidavit or By Representative Rojas— written report to be made within a time certain; requiring such affidavit or report to be filed with the clerk of circuit court within a time certain; HB 857—A bill to be entitled An act creating Hialeah County; amending s. 985.215, F.S.; providing for increased holding times for creating s. 7.275, F.S.; describing the boundaries of the county; children charged with offenses of certain severity; amending s. 985.218, amending s. 7.13, F.S.; revising the boundaries of Dade County; F.S.; requiring petitions for delinquency to be filed within a time certain providing for Hialeah County to assume certain assets and liabilities of under certain circumstances; authorizing the court to extend such times Dade County; providing for an election for officers of Hialeah County; under certain circumstances; requiring release from custody under providing effective dates. certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Affairs, Governmental Referred to the Committee(s) on Juvenile Justice, Law Enforcement Operations, Finance & Taxation, and Education Appropriations. & Crime Prevention, and Criminal Justice Appropriations. By Representative Rojas— By Representative Farkas— HB 859—A bill to be entitled An act relating to workers’ HB 849—A bill to be entitled An act relating to motor vehicles; compensation; amending s. 440.13, F.S.; deleting the provision that amending s. 316.2126, F.S.; authorizing the use of golf/utility carts by medically necessary treatment does not include chiropractic services; municipalities for municipal purposes and subject to certain conditions; specifying date for the Division of Workers’ Compensation of the amending s. 320.01, F.S.; defining the term “golf/utility cart”; amending Department of Labor and Employment Security to adopt rules regarding s. 320.105, F.S.; exempting golf/utility carts from requirements to criteria for approval of courses; providing that injured workers must display license plates; amending s. 322.04, F.S.; exempting certain receive reports that their attorneys and the carrier’s attorneys receive operators of golf/utility carts from requirements of obtaining a driver’s at the time they receive the reports; deleting employee’s responsibility license; amending s. 325.203, F.S.; exempting golf/utility carts from for copayment for medical services; amending s. 440.15, F.S.; extending inspection requirements; providing an effective date. time for payment of benefits for temporary total disability; increasing the membership on the panel responsible for establishing a uniform First reading by publication (Art. III, s. 7, Florida Constitution). permanent impairment rating system; increasing the percentage of an employee’s salary for purposes of impairment income benefits; Referred to the Committee(s) on Transportation and Community prescribing a schedule for payment of benefits; authorizing a judge of Affairs. compensation claims to settle a dispute between two doctors relating to By Representatives Cosgrove and Sorensen— impairment; increasing the time for payment of temporary partial disability benefits; reducing the geographical area in which the HB 851—A bill to be entitled An act relating to rural hospitals; employer must provide the employee with work appropriate to the amending s. 408.07, F.S.; redefining the term “rural hospital” for the employee’s limitation; increasing the monetary fine for failure to provide purpose of state law governing health care administration to include such work; amending s. 440.191, F.S.; providing employees with right to March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 75 an attorney in a proceeding before the Employee Assistance and employees of certain subsidized child care providers through the state Ombudsman Office to resolve a dispute; amending s. 440.192, F.S.; employees health insurance program; providing eligibility providing that an employer is responsible for an employee’s attorney’s requirements; providing a schedule of premium participation; amending fees and costs in proceedings before a judge of compensation claims; s. 402.302, F.S.; defining “family group day care home”; creating s. providing applicability for s. 440.20(11)(c), F.S.; repealing s. 440.25(4)(j), 402.3027, F.S.; directing the department to establish a system for the F.S., relating to expedited hearings; providing an effective date. behavioral observation and developmental assessment of young children in subsidized child care programs; providing definitions; First reading by publication (Art. III, s. 7, Florida Constitution). providing principles and procedures; amending s. 402.305, F.S.; revising Referred to the Committee(s) on Insurance, Governmental minimum training requirements for child care personnel; providing minimum training requirements for child care facility directors; Operations, Judiciary, and Transportation & Economic Development providing for development of minimum standards for specialized child Appropriations. care facilities for mildly ill children; amending s. 402.3051, F.S.; By Representatives Sorensen, Warner, Cosgrove, Greenstein, Ritter, providing for child care market rate reimbursement for child care Effman, Levine, Futch, and Trovillion— providers who hold a Gold Seal Quality Care designation; amending ss. 402.3055, 943.0585, and 943.059, F.S.; correcting cross references; HB 861—A bill to be entitled An act relating to fire safety; amending creating s. 402.3108, F.S.; establishing a toll-free telephone line to s. 471.003, F.S.; exempting licensed fire protection contractors from provide consultation to child care centers and family day care homes, certain engineer registration requirements; amending s. 553.79, F.S.; contingent upon specific appropriations; providing for contracts; clarifying required documents for fire sprinkler systems for building amending s. 402.313, F.S.; revising requirements relating to the permit purposes; amending s. 633.021, F.S.; clarifying a limitation on training course for operators of family day care homes; providing a certain definitions; clarifying authorization of certain persons to design compliance schedule; creating s. 402.3131, F.S.; providing for licensure fire protection systems; providing an effective date. of family group day care homes; providing a penalty; providing requirements and standards; providing duties of the department; First reading by publication (Art. III, s. 7, Florida Constitution). providing for screening of certain persons; providing for rules; providing an effective date. Referred to the Committee(s) on Business Regulation & Consumer Affairs, Business Development & International Trade, and General First reading by publication (Art. III, s. 7, Florida Constitution). Government Appropriations. Referred to the Committee(s) on Education Innovation, Finance & By Representative Trovillion— Taxation, and Health & Human Services Appropriations.

HB 863—A bill to be entitled An act relating to trust funds; creating By Representative Edwards— the Affordable Residential Accommodations Trust Fund within the Department of Health; providing for sources of moneys and purposes; HB 871—A bill to be entitled An act relating to the unlawful providing for future review and termination or re-creation of the trust assumption of identity; making it a crime to assume the identity of fund; providing a contingent effective date. another person with intent to act fraudulently; providing penalties; providing for restitution; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Health Care Licensing & Regulation, Community Affairs, and Health & Human Services Appropriations. Referred to the Committee(s) on Crime & Punishment and Criminal Justice Appropriations. HB 865—Withdrawn By Representatives Frankel, Murman, Dennis, and Ritchie— By Representative Brummer— HB 873—A bill to be entitled An act relating to child care; providing HB 867—A bill to be entitled An act relating to public construction; legislative intent; authorizing the establishment of Institutes of amending s. 255.20, F.S.; lowering the threshold amount required for Excellence in Infant and Toddler Development; specifying functions of competitive awards of local bids and contracts for public construction; Institutes of Excellence; providing for funding; requiring the submission revising language with respect to exceptions; providing that certain of annual evaluations; requires the Articulation Coordinating properly licensed contractors or vendors shall have standing to Committee to conduct an assessment; requires the adoption of rules; challenge the propriety of a local government’s action under certain providing an effective date. circumstances; providing for the award of reasonable attorney’s fees under certain circumstances; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution).

First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Children & Families, Colleges & Universities, Governmental Rules & Regulations, and Education Referred to the Committee(s) on Community Affairs, Business Appropriations. Regulation & Consumer Affairs, and Education Appropriations. By Representatives Levine, Arnall, Bitner, and Wiles— By the Committee on Children & Families; Representative Murman— HB 875—A bill to be entitled An act relating to to county leasing and HB 869—A bill to be entitled An act relating to child care; amending financing of property; amending s. 125.35, F.S.; providing for a waiver s. 212.08, F.S.; providing a sales tax exemption for educational materials of sovereign immunity with respect to certain county contracts; purchased by child care facilities, under certain conditions; creating s. providing an effective date. 240.3821, F.S.; providing for establishment of Institutes of Excellence in Infant and Toddler Development, subject to available appropriations; First reading by publication (Art. III, s. 7, Florida Constitution). providing functions; amending s. 402.281, F.S.; providing for Gold Seal Referred to the Committee(s) on Claims and Transportation & Quality Care designation for family group day care homes; amending s. Economic Development Appropriations. 402.3015, F.S.; increasing the maximum family income for participation in the subsidized child care program; creating s. 402.3016, F.S.; By Representative Jacobs— providing for Early Head Start collaboration grants, contingent upon specific appropriations; providing duties of the Department of Children HB 877—A bill to be entitled An act relating to euthanasia of animals; and Family Services; providing for rules; creating s. 402.3017, F.S.; amending s. 828.058, F.S.; revising requirements for euthanasia of directing the department to establish health care coverage for animals; requiring anesthetizing under certain circumstances; 76 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 providing for procedures required for euthanasia of animals other than cooperative transfer agreement; amending s. 957.08, F.S.; revising dogs and cats; authorizing agents of societies or associations for the standards for use in determining capacity requirements for such prevention of cruelty to animals to humanely destroy an animal under facilities; prohibiting such facilities from housing certain inmates; emergency situations; revising requirements for euthanasia technician authorizing a law enforcement agency to charge a private correctional certification; requiring certain continuing education as a condition of facility for the costs incurred in apprehending an out-of-state inmate continued certification; requiring the presence of at least two persons to who escapes from the facility; creating s. 957.035, F.S.; prohibiting perform euthanasia except in emergency situations; specifying methods certain conduct by commission members, employees, and consultants; for confirmation of death; authorizing certified euthanasia technicians providing an effective date. to transport sodium pentobarbital for emergency field euthanasia and First reading by publication (Art. III, s. 7, Florida Constitution). providing requirements with respect thereto; providing for applicability of provisions relating to cruelty to animals and the penalties attached Referred to the Committee(s) on Corrections, Governmental thereto; repealing s. 828.065, F.S., relating to euthanasia of animals Operations, and Criminal Justice Appropriations. offered or obtained for sale by pet shops, to conform; providing an effective date. By Representatives Boyd, K. Smith, Waters, Dennis, Stansel, and Turnbull— First reading by publication (Art. III, s. 7, Florida Constitution). HB 885—A bill to be entitled An act relating to the Florida Referred to the Committee(s) on Agriculture and Crime & Retirement System; amending s. 121.055, F.S.; requiring that a judge of Punishment. compensation claims who is a member of the Florida Retirement System participate in the Senior Management Service Class unless such judge By Representatives Boyd, K. Smith, Waters, Prieguez, Wasserman elects to participate in the Senior Management Service Optional Schultz, Dennis, C. Green, Stansel, and Frankel— Annuity Program; providing an effective date.

HB 879—A bill to be entitled An act relating to health information First reading by publication (Art. III, s. 7, Florida Constitution). privacy; creating s. 627.433, F.S.; limiting carrier disclosure of health information under certain circumstances; requiring disclosure of health Referred to the Committee(s) on Governmental Operations and information pursuant to subpoena or court order under certain General Appropriations. circumstances; providing definitions; providing an effective date. HB 887—Withdrawn First reading by publication (Art. III, s. 7, Florida Constitution). By Representative J. Miller— Referred to the Committee(s) on Insurance and Judiciary. HB 889—A bill to be entitled An act relating to tax on sales, use, and By Representatives Hart, Murman, Bense, Russell, Wallace, other transactions; amending s. 212.06, F.S.; revising the application of Alexander, Prieguez, Barreiro, Detert, C. Green, Johnson, Kilmer, provisions which exempt from use tax a person who secures rock, fill Goodlette, Farkas, and J. Miller— dirt, or similar materials from a location he or she owns for use on his or her own property, to include corporations and affiliated groups; HB 881—A bill to be entitled An act relating to economic development providing an effective date. tax refunds; amending s. 288.095, F.S.; revising provisions relating to First reading by publication (Art. III, s. 7, Florida Constitution). tax refunds paid from the Economic Development Incentive Account; providing a limitation; amending s. 288.106, F.S., relating to the tax Referred to the Committee(s) on Business Development & refund program for qualified target industry businesses; revising International Trade, Finance & Taxation, and General Government requirements to qualify as an expansion of an existing business or a Appropriations. rural county; revising the counties to which the local financial support exemption option applies; revising requirements for determining the By Representative Andrews— amount of tax refund payments; revising the periods to which refunds HB 891—A bill to be entitled An act relating to education; creating s. apply; revising the information required on the application for 231.6015, F.S.; authorizing a mathematics and science teacher certification; authorizing acceptance of a letter from an authorized local education program; requiring demonstration of certain uses of funds; economic development agency prior to passage of the required resolution providing a program purpose, required components, and resource by the local government; authorizing reduction of certain employment allocation; requiring collaborative planning and implementation; requirements for an expanding business in a rural city or county or authorizing incentives and certification; creating s. 240.149, F.S.; enterprise zone under certain conditions; revising requirements relating creating a nongovernmental organization to plan and implement a to application approval; authorizing certification of less than allowable program for mathematics and science teacher education; requiring a refunds under certain conditions; revising requirements relating to the board of directors, a chief executive officer, other staff, and an advisory tax refund agreement; authorizing inclusion of the value of county or council; providing for membership, terms of office, and an appointments municipal land conveyed to a business in the required local financial process; providing responsibility and authority to conduct certain support; amending s. 288.107, F.S.; correcting a reference; providing an activities; requiring a budget request; amending s. 229.57, F.S.; adding effective date. a science component to the statewide assessment program; amending s. 229.592, F.S.; requiring a report; amending s. 231.600, F.S.; requiring First reading by publication (Art. III, s. 7, Florida Constitution). certain additions to professional development programs; amending s. Referred to the Committee(s) on Business Development & 232.245, F.S.; adding a science component to the requirements for pupil International Trade, Finance & Taxation, and Transportation & progression; amending s. 236.08106, F.S.; authorizing a salary bonus for Economic Development Appropriations. teachers who complete certain training programs; amending s. 236.685, F.S.; requiring a report to include certain information; providing an By Representatives Boyd, Futch, Spratt, Kilmer, Bronson, Healey, effective date. Rojas, Betancourt, C. Green, Stansel, and Peaden— First reading by publication (Art. III, s. 7, Florida Constitution). HB 883—A bill to be entitled An act relating to correctional facilities; amending s. 944.40, F.S.; providing that it is a second-degree felony to Referred to the Committee(s) on Education/K-12, Education Innovation, and Education Appropriations. escape or attempt to escape from a private correctional facility or other correctional facility operated by a governmental entity or under contract By Representative Dennis— with a governmental entity; amending s. 957.04, F.S.; requiring such facilities to operate under the same conditions as publicly operated HB 893—A bill to be entitled An act relating to school personnel; facilities; creating s. 957.061, F.S.; requiring the creation of a requiring the Department of Education to limit the number of March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 77 noninstructional personnel that may be employed by school districts; By Representative Bainter— defining the term “noninstructional personnel”; requiring that the department classify school districts based on the number of full-time- HB 905—A bill to be entitled An act relating to health insurance; equivalent students enrolled in the district; requiring that the providing a short title; providing legislative findings; creating the department establish ratios within each district classification for the Premium Assistance Program within the Agency for Health Care maximum percentage of noninstructional personnel to full-time- Administration to assist small businesses in purchasing health equivalent students; limiting the maximum ratios that the department insurance coverage for employees; providing eligibility requirements; may establish; requiring a reduction in state funds for any school providing applicability to specified health benefit plans; specifying the district that exceeds the maximum percentage of noninstructional subsidies that a small business may receive under the program; requiring that specified moneys be used to fund the Premium Assistance personnel; providing an effective date. Program; providing for distribution of funds; providing an First reading by publication (Art. III, s. 7, Florida Constitution). appropriation; providing an effective date. Referred to the Committee(s) on Education/K-12, Education First reading by publication (Art. III, s. 7, Florida Constitution). Innovation, and Education Appropriations. Referred to the Committee(s) on Health Care Services, Insurance, and By Representatives Turnbull and Boyd— General Appropriations.

HB 895—A bill to be entitled An act relating to state employees; By Representative Johnson— amending s. 110.131, F.S.; requiring state agencies to provide health HB 907—A bill to be entitled An act relating to education; providing insurance benefits to certain other-personal-services employees; for weight to be given to specific courses when computing grade point requiring the Office of Program Policy Analysis and Government averages; authorizing students to dually enroll in advanced placement Accountability to study other-personal-services employment and report courses; providing an effective date. its findings; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education/K-12, Community Referred to the Committee(s) on Governmental Operations and Colleges & Career Prep, and Education Appropriations. General Appropriations. By Representative Wilson— By Representative Sublette— HB 909—A bill to be entitled An act relating to courses of study; HB 897—A bill to be entitled An act relating to insurance anti- amending s. 232.246, F.S.; requiring instruction in parenting skills to be affiliation; amending ss. 626.321, 626.730, and 629.401, F.S., to conform; included in the one-half credit in life management skills required for repealing s. 626.988, F.S., relating to prohibiting certain insurance graduation from high school; providing an effective date. affiliation with financial institutions; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education/K-12 and Education Referred to the Committee(s) on Insurance and Financial Services. Appropriations.

By Representative Wilson— By Representative Sanderson—

HB 899—A bill to be entitled An act relating to charter schools; HB 911—A bill to be entitled An act relating to federally funded amending s. 228.056, F.S.; prohibiting charter schools from employing services for children; amending s. 409.26731, F.S.; authorizing the an individual who has resigned from a school district in lieu of Department of Children and Family Services to annually certify local disciplinary action or has been dismissed by any school district; funds for state match for services to children under the supervision of providing an effective date. or in the custody of the department; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Education Innovation and Referred to the Committee(s) on Children & Families and Health & Education/K-12. Human Services Appropriations.

By Representative Crady— By Representatives Rojas and Rayson—

HB 901—A bill to be entitled An act relating to teacher certification; HB 913—A bill to be entitled An act relating to commercial passenger amending s. 231.17, F.S.; providing for the certification of applicants transportation; creating the “Florida Livery Act”; providing legislative who hold a bachelor’s degree in speech-language impairment; requiring purpose and intent; providing definitions; providing for vehicle permits; the adoption of rules; providing an effective date. providing for mechanical inspections; providing for exemptions; providing for self-inspection; providing for chauffeur permits; providing First reading by publication (Art. III, s. 7, Florida Constitution). for a certificate of public convenience; providing for compliance with federal standards; providing that the act is not intended to impede the Referred to the Committee(s) on Education/K-12, Colleges & right of contract; providing for enforcement; providing penalties; Universities, and Governmental Rules & Regulations. providing for the reporting of traffic crashes; providing for an out-of- state vehicle for hire exemption; providing for fees and fines; providing By Representative Albright— for the use of revenues by law enforcement agencies; providing an HB 903—A bill to be entitled An act relating to the Employee Health effective date. Care Access Act; amending s. 627.6699, F.S.; revising certain First reading by publication (Art. III, s. 7, Florida Constitution). definitions; revising and updating provisions requiring small employer carriers to offer and issue certain health benefit plans; providing Referred to the Committee(s) on Transportation, Judiciary, Finance & additional restrictions on premium rates for certain health benefit Taxation, and General Government Appropriations. plans; providing an effective date. By Representatives Cantens, Barreiro, Prieguez, Lacasa, Alexander, First reading by publication (Art. III, s. 7, Florida Constitution). and Bense— Referred to the Committee(s) on Health Care Services, Insurance, and HB 915—A bill to be entitled An act relating to protection of a victim General Government Appropriations. or prosecution witness from dismissal from employment; amending s. 78 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

960.001, F.S.; prohibiting dismissal of certain persons for appearing as conforming provisions; deleting a dual-registration requirement; a witness in certain proceedings; providing for a determination of providing an effective date. contempt of court; providing a right of civil action against an employer for violating specified provisions; providing for compensatory damages, First reading by publication (Art. III, s. 7, Florida Constitution). punitive damages, and attorney fees; creating s. 960.004, F.S.; providing Referred to the Committee(s) on Health Care Licensing & Regulation, definitions; prohibiting the dismissal from employment of a victim or Insurance, and Health & Human Services Appropriations. prosecution witness in a criminal or juvenile case who is summoned to testify in court, when the dismissal is due to the nature or length of such By Representatives Arnall, Wasserman Schultz, and Logan— activities; providing for certain certification of the victim or prosecution HB 925—A bill to be entitled An act relating to the Public Service witness by the office of the state attorney; providing that the threat of Commission; amending s. 367.081, F.S.; prohibiting the commission such dismissal by the employer or employer’s agent may be deemed to from imputing prospective future contributions-in-aid-of-construction be contempt of court; prohibiting the employer from withholding wages, against certin utility investments in certain rate proceedings; providing salary, or other compensation from a full-time employee who responds construction; requiring the commission to approve rates for certain to a victim or prosecution witness summons and gives the employer services under certain circumstances; providing construction; deleting a specified notice; providing an exception; providing penalties for violation requirement that the commission consider a utility’s investments in of specified provisions prohibiting the dismissal or the withholding of certain lands or facilities in setting final rates; providing an effective salary, wages, or other compensation; providing a right of civil action date. against an employer for violating specified provisions; providing for compensatory damages, punitive damages, and attorney’s fees; First reading by publication (Art. III, s. 7, Florida Constitution). providing an effective date. Referred to the Committee(s) on Utilities & Communications, Water First reading by publication (Art. III, s. 7, Florida Constitution). & Resource Management, and Transportation & Economic Development Appropriations. Referred to the Committee(s) on Judiciary and Crime & Punishment. By Representatives Cantens, Effman, Jones, Arnall, Fuller, Barreiro, By Representatives Cantens, Barreiro, Prieguez, Villalobos, Bense, Prieguez, Russell, Logan, and Farkas— and Farkas— HB 927—A bill to be entitled An act relating to the Florida Safety Belt HB 917—A bill to be entitled An act relating to medical treatment of Law; amending s. 316.614, F.S.; revising the Florida Safety Belt Law to certain wounds; amending s. 790.24, F.S.; revising types of injuries eliminate the requirement that the law be enforced as a secondary resulting from violence that health care practitioners are required to action when a driver of a motor vehicle has been detained for another report; providing a penalty; providing an effective date. violation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Transportation, Crime & Referred to the Committee(s) on Health Care Licensing & Regulation, Punishment, and Criminal Justice Appropriations. Crime & Punishment, and Health Care Services. By Representative J. Miller— By Representative Prieguez— HB 929—A bill to be entitled An act relating to contracting; creating HB 919—A bill to be entitled An act relating to elections; creating s. s. 489.13, F.S.; providing for disciplinary procedures involving a lien or 101.675, F.S.; requiring periodic updating of the signatures of certain judgment against construction contractors; creating s. 489.5334, F.S.; voters to facilitate signature verification of absentee ballots; requiring providing disciplinary procedures involving a lien or judgment against the supervisors of elections to send such voters a notice to sign and electrical and alarm system contractors; creating s. 489.5591, F.S.; return for such purpose; requiring the notice sent to Hispanic providing applicability for disciplinary proceedings involving registrants to be in both English and Spanish; authorizing such mismanagement or misconduct that causes financial harm to a updating at the main office or any branch office of the supervisor; customer; providing an effective date. providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Business Regulation & Consumer Referred to the Committee(s) on Election Reform, Community Affairs, Affairs, Judiciary, and General Government Appropriations. and Transportation & Economic Development Appropriations. By Representative J. Miller— By Representative Bush— HB 931—A bill to be entitled An act relating to public swimming and HB 921—A bill to be entitled An act relating to career education; bathing facilities; amending s. 514.011, F.S.; redefining the term “public swimming pool” or “public pool”; amending s. 514.0115, F.S.; exempting amending s. 229.601, F.S., relating to the Florida Career Education Act; from supervision or regulation as a public pool any pool serving a requiring the commissioner to develop procedures and resources for 4- residential child care facility if the pool is for the exclusive use of the year career plans; requiring the implementation of pilot projects in facility’s residents and not open to the public; providing an effective certain counties; providing an effective date. date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Community Colleges & Career Prep, Referred to the Committee(s) on Children & Families and Community Education Innovation, and Education Appropriations. Affairs.

By Representative Prieguez— By Representatives Ryan, Ball, Sembler, Feeney, and L. Miller—

HB 923—A bill to be entitled An act relating to home health agencies; HB 933—A bill to be entitled An act relating to obscenity; requiring amending s. 400.462, F.S.; defining the term “home health aide” and public libraries to install and maintain computer software that prohibits redefining the term “nurse registry”; amending s. 400.506, F.S.; access to obscene materials; requiring that such software be installed authorizing nurse registries to refer home health aides for contract; and maintained on at least one-half of the computers that a library March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 79 makes available for public use; amending ss. 827.071, 847.0135, F.S.; the sale, rental, or lease of certain commercial trucks, truck tractors, defining the term “sexually explicit image”; providing that a person may tractors, semitrailers, and vehicles used in combination therewith, and not knowingly send or transmit a sexually explicit image to a child for labor charges for, and parts and equipment used in, the repair of under a specified age; providing a penalty; providing an effective date. such vehicles; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee(s) on Judiciary, Community Affairs, Crime By Representative Waters— & Punishment, and Criminal Justice Appropriations. HB 947—A bill to be entitled An act relating to the Pinellas Suncoast By Representatives Frankel, Chestnut, Dockery, Logan, and Sobel— Transit Authority; clarifying the status of the Pinellas Suncoast Transit Authority as an independent special district; amending chapter 70-907, HB 935—A bill to be entitled An act relating to unemployment Laws of Florida, as amended; providing an effective date. compensation; amending s. 443.101, F.S.; specifying domestic violence as an additional criterion of “good cause” for purposes of an exception Proof of publication of the required notice was attached. from disqualification from certain benefits for separating from employment; providing grounds for separating from employment due to First reading by publication (Art. III, s. 7, Florida Constitution). domestic violence; providing for confidentiality of evidence of domestic By Representative Bilirakis— violence; providing an effective date. HB 949—A bill to be entitled An act relating to Pinellas County; First reading by publication (Art. III, s. 7, Florida Constitution). amending chapter 89-504, Laws of Florida; providing a correction to Referred to the Committee(s) on Business Development & accurately reflect the administration of certification for plumbing International Trade, Family Law & Children, and Transportation & contractors; providing an effective date. Economic Development Appropriations. Proof of publication of the required notice was attached. By Representative Albright— First reading by publication (Art. III, s. 7, Florida Constitution). HB 937—A bill to be entitled An act relating to civil actions against By Representative Crist— manufacturers and dealers of firearms; creating s. 790.331, F.S.; prohibiting civil actions against manufacturers and dealers of firearms HB 951—A bill to be entitled An act relating to the health technology and ammunition under certain circumstances; providing legislative industry; providing intent; amending s. 212.08, F.S.; revising the findings; providing conditions to sue on behalf of the state for its exemption from the tax on sales, use, and other transactions for agencies and instrumentalities, or on behalf of a county, municipality, machinery and equipment used in silicon technology production and town, special purpose district, or any other political subdivision of the research and development, to include machinery and equipment used by state; providing application; providing penalties; providing for expenses health technology facilities to produce health technology products, and to be awarded in certain civil actions; providing for application; machinery and equipment used in research and development or providing an effective date. manufacturing in a health technology facility; providing a definition; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 499.015, F.S.; providing that certain medical device manufacturers are exempt from registration and payment of fees under Referred to the Committee(s) on Governmental Operations, Judiciary, the Florida Drug and Cosmetic Act; requiring submission of certain and General Appropriations. documentation; directing the State University System and the University of Miami to perform certain evaluations relating to health By the Committee on Claims; Representatives Cantens and Ritter— technology business incubators and health technology companies, certain clinical trial programs, and certain interaction with the State HB 939—A bill to be entitled An act relating to Miami-Dade County; University System; requiring a report; encouraging the State Board of providing for the relief of Ana Quintana-Marquez and Juan Marquez, Community Colleges to develop health technology curricula; requiring her husband; providing for an appropriation to compensate them for a report by the State Community College System; directing the Division injuries and damages sustained as a result of a collision with a Miami- of Securities of the Office of the Comptroller to form a task force to Dade police car; providing an effective date. review ch. 517, F.S., to enhance opportunities for health technology Proof of publication of the required notice was attached. firms to raise capital; requiring a report; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). By the Committee on Claims; Representatives Cantens and Ritter— By Representatives Sanderson, Murman, Peaden, Casey, Farkas, and Hafner— HB 941—A bill to be entitled An act relating to Miami-Dade County; providing for the relief of Martha Sosa; providing for an appropriation HB 953—A bill to be entitled An act relating to access to obstetrical to compensate her for injuries and damages sustained as a result of the and gynecological service; amending ss. 627.6472 and 641.31, F.S.; negligence of Miami-Dade County; providing an effective date. requiring exclusive provider organizations and health maintenance organizations to provide direct patient access to certain obstetrical or Proof of publication of the required notice was attached. gynecological services; prohibiting extraordinary additional copayments or deductibles; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Cosgrove— First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Lacasa— HB 943—A bill to be entitled An act relating to insurance; amending s. 624.426, F.S.; providing an exemption to the countersignature law; HB 955—A bill to be entitled An act relating to contracting; amending amending s. 627.7015, F.S.; defining the term “claim” for purposes of s. 489.105, F.S.; redefining the term “contracting” and defining the term property claim mediation; providing an effective date. “field work”; amending ss. 489.1455 and 489.5335, F.S.; providing for First reading by publication (Art. III, s. 7, Florida Constitution). journeyman certification; providing for fees; providing for discipline by a county or municipality for certain misconduct or negligence; providing By Representative Prieguez— a penalty for certain fraudulent representations; providing an effective date. HB 945—A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.08, F.S.; providing an exemption for First reading by publication (Art. III, s. 7, Florida Constitution). 80 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By Representatives Farkas, Kyle, Stansel, C. Green, Peaden, and punishable as a moving violation to violate load limits on vehicles; Casey— amending s. 316.640, F.S.; authorizing the Florida Highway Patrol to employ certain persons as traffic crash investigation officers; providing HB 957—A bill to be entitled An act relating to health care for certain powers and duties; amending s. 318.14, F.S.; correcting cross practitioners; amending ss. 455.565, 458.319, 459.008, 460.407, 461.007, references; amending s. 318.15, F.S.; including reference to the tax F.S., relating to relicensure requirements for physicians, osteopathic collector with respect to the collection of certain service fees for physicians, chiropractic physicians, and podiatrists; revising reinstatement of suspended driver license; amending s. 319.23, F.S.; requirements for submitting fingerprints to the Department of Health revising language with respect to application for title; amending s. for renewal of licensure; providing an effective date. 319.30, F.S.; revising language with respect to dismantling, destroying, First reading by publication (Art. III, s. 7, Florida Constitution). or changing the identity of a motor vehicle or mobile home; amending s. 320.01, F.S.; defining the term “agricultural products”; amending s. By Representative C. Green— 320.02, F.S.; revising language with respect to application for registration forms to include certain identification information; HB 959—A bill to be entitled An act relating to trust funds; creating amending s. 320.023, F.S.; revising language with respect to the time for the Florida Health Endowment Trust Fund within the State Board of audits for organizations receiving certain voluntary contributions; Administration; providing for sources of moneys in the trust fund; amending s. 320.055, F.S.; revising language with respect to providing for an annual carryforward of funds; providing for the trust registration periods; amending s. 320.06, F.S.; revising manufacturer fund to be used solely for the purposes of the Florida Health Endowment license plates; providing for manufacture of decals; repealing s. 320.065, Association; providing a contingent effective date. F.S., relating to the registration of certain rental trailers for hire and First reading by publication (Art. III, s. 7, Florida Constitution). semitrailers used to haul agricultural products; amending s. 320.0657, F.S.; revising language with respect to fleet license plates; providing By Representative Lacasa— fees; amending s. 320.08, F.S.; deleting reference to “collectible” motor vehicles; providing reference to manufacturer license plates; amending HB 961—A bill to be entitled An act relating to health care services; s. 320.086, F.S.; revising language with respect to ancient or antique amending s. 408.7056, F.S.; requiring certain physician members on motor vehicles; deleting reference to collectible vehicles; amending s. Statewide Provider and Subscriber Assistance Program panels; 320.13, F.S.; prohibiting the use of dealer license plates under certain amending ss. 408.706 and 627.419, F.S., and creating s. 641.3151, F.S.; circumstances; providing for manufacturer plates; amending s. 320.131, providing for patient choice in the selection of a physician under any plan offered through a health maintenance organization, managed care F.S.; providing penalties with respect to certain violations concerning provider organization, prepaid health plan, or accountable health temporary tags; amending s. 320.1325, F.S.; revising language with partnership, or under any health insurance policy, plan, or contract, respect to registration for the temporarily employed; amending s. offered in the state; prohibiting certain denial of payment for physician 320.30, F.S., relating to the forfeiture of a motor vehicle; providing for services; specifying terms of reimbursement for services; providing confiscation and a share to certain counties or municipalities; amending liability of subscribers for certain charges; providing penalties; deleting s. 321.06, F.S.; authorizing the department to employ certain traffic provisions relating to community health purchasing alliance district crash investigation officers; amending s. 322.08, F.S.; deleting language health care provider participation; amending s. 641.315, F.S.; with respect to certain applications made by persons presently holding conforming provisions relating to liability of subscribers under a health an out-of-state driver license; amending s. 322.081, F.S.; revising maintenance organization provider contract; amending s. 641.495, F.S., language with respect to the time for audits for organizations receiving relating to requirements for issuance and maintenance of a health certain voluntary contributions; amending s. 322.1615, F.S.; revising maintenance organization certificate of authority; requiring certain language with respect to learner’s driver’s licenses; amending s. documentation of adverse determinations; providing an effective date. 322.2615, F.S.; revising language with respect to suspension of license; amending s. 322.28, F.S., relating to the period of suspension or First reading by publication (Art. III, s. 7, Florida Constitution). revocation of a license; amending s. 322.34, F.S.; conforming a cross reference; amending s. 327.031, F.S.; providing for the denial or By Representative Albright— cancellation of a vessel registration when payment for registration is HB 963—A bill to be entitled An act relating to tax on sales, use, and made by a dishonored check; amending s. 327.11, F.S.; providing for other transactions; amending s. 212.05, F.S.; providing an exemption for replacement vessel registration; amending s. 327.23, F.S.; providing for the sale of a thoroughbred horse to a nonresident; providing a temporary certificate of registration for a vessel by certain out-of-state requirements with respect thereto; providing an effective date. residents; amending s. 327.25, F.S.; revising language with respect to transfer of ownership and registration of vessels; creating s. 327.255, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; providing for the duties of tax collectors with respect to vessel registration; creating s. 327.256, F.S.; providing procedures for By Representative Boyd— advanced vessel registration renewal; amending s. 328.01, F.S.; revising HB 965—A bill to be entitled An act relating to nursing; amending s. language with respect to application for a certificate of title for a vessel; 464.003, F.S.; defining the term “telehealth”; amending ss. 464.015 and amending s. 328.11, F.S.; increasing the time period to apply for a 464.016, F.S.; prohibiting persons from using the name or title of “nurse” reissuance of a certificate of title; amending s. 328.15, F.S.; providing unless licensed or certified as such; providing penalties; providing an requirements with respect to certain second liens on vessels; providing effective date. requirements with respect to satisfaction of a lien on a vessel; providing penalties for failure to comply; amending s. 328.16, F.S.; providing First reading by publication (Art. III, s. 7, Florida Constitution). requirements with respect to liens; creating s. 328.165, F.S.; providing for cancellation of certificates; amending s. 713.78, F.S.; providing an By Representatives Kyle and K. Smith— exemption from the requirement of an inventory of personal property HB 967—A bill to be entitled An act relating to the Department of found in a motor vehicle to be removed from the scene of an accident Highway Safety and Motor Vehicles; amending s. 316.063, F.S.; revising under certain circumstances; amending ss. 732.9215 and 732.9216, F.S.; language to refer to a traffic crash rather than accident; providing a correcting cross references; amending s. 812.014, F.S., relating to theft; noncriminal traffic infraction for obstructing traffic under certain providing prohibition on theft of gasoline while in a motor vehicle; circumstances; amending s. 316.1975, F.S.; revising language with amending s. 832.06, F.S.; revising language with respect to prosecution respect to unattended motor vehicles; amending s. 316.211, F.S.; for worthless checks given to the tax collector for certain licenses or providing for compliance with certain federal safety standards with taxes; repealing section 14 of chapter 98-223, Laws of Florida, relating respect to equipment for motorcycle and moped riders; amending s. to required security for the operation of a motor vehicle; providing an 316.520, F.S.; providing that it is a noncriminal traffic infraction effective date. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 81

First reading by publication (Art. III, s. 7, Florida Constitution). providing requirements for display of antique vessel registration numbers and decals; amending s. 327.28, F.S.; providing for distribution Referred to the Committee(s) on Transportation, Agriculture, Finance and use of registration fees therefor; amending s. 327.39, F.S.; revising & Taxation, and Transportation & Economic Development requirements for operation of a personal watercraft relating to Appropriations. authorized flotation devices, times of operation, reckless or careless operation, and minimum age for operation; prohibiting lease, hiring, or By Representative Andrews— rental to certain persons; providing a penalty; amending s. 327.395, HB 969—A bill to be entitled An act relating to education; creating s. F.S.; requiring all vessel operators to have certain photographic 228.0563, F.S.; authorizing charter conversion municipal subdistricts; identification; providing a penalty; creating s. 327.49, F.S.; authorizing providing requirements for operation; providing for areas of municipal certain testing of vessels and vessel motors on the waters of the state; jurisdiction; providing an effective date. amending s. 327.54, F.S.; revising requirements for lease, hiring, or rental of vessels by liveries, relating to prerental or preride instruction, First reading by publication (Art. III, s. 7, Florida Constitution). minimum age for rental, safety information and instruction, and limitation of liability; requiring liveries to carry certain insurance By Representative Argenziano— coverage; providing a penalty; reenacting s. 327.73(1)(p) and (s), F.S., relating to a penalty for violation of vessel laws, to incorporate the HB 971—A bill to be entitled An act relating to Citrus County; amendments to ss. 327.39 and 327.395, F.S., in references; providing amending chapter 65-1371, Laws of Florida, as amended, the “Citrus effective dates. County Hospital and Medical Nursing and Convalescent Home Act”; removing references to freeholders; deleting obsolete language; making First reading by publication (Art. III, s. 7, Florida Constitution). technical revisions; providing an effective date. By Representative Morroni— Proof of publication of the required notice was attached. HB 981—A bill to be entitled An act relating to dentistry; amending First reading by publication (Art. III, s. 7, Florida Constitution). s. 466.004, F.S.; revising qualifications for membership on the Board of Dentistry; providing applicability; amending s. 466.021, F.S.; revising By Representative Argenziano— requirements relating to dental work orders; amending s. 466.0282, HB 973—A bill to be entitled An act relating to Citrus County F.S.; revising requirements relating to the recognition and advertising Mosquito Control District; codifying the district charter; re-creating the of dental specialties; requiring certain consumer notice; providing an district as an independent special district; providing for a board of effective date. commissioners; providing for elections; providing boundaries; providing First reading by publication (Art. III, s. 7, Florida Constitution). for construction; providing for severability; providing an effective date. By the Committee on Tourism; Representatives Starks, Farkas, Proof of publication of the required notice was attached. Barreiro, Bloom, Dennis, Hafner, Argenziano, Bush, Melvin, Lynn, and First reading by publication (Art. III, s. 7, Florida Constitution). Bullard—

By Representatives Feeney, Constantine, C. Green, Waters, HB 983—A bill to be entitled An act relating to entertainment Patterson, Bilirakis, Posey, Fiorentino, Brummer, Farkas, Fasano, industry incentives; creating s. 288.1258, F.S.; authorizing Morroni, Detert, Kyle, Kilmer, Argenziano, Johnson, Murman, Cantens, entertainment industry production companies to apply for approval by Bense, Barreiro, and Wiles— the Office of the Film Commissioner as a qualified production company for the purpose of receiving sales tax exemptions; directing the office to HB 975—A bill to be entitled An act relating to hurricane loss develop application procedures; providing for denial and revocation of a mitigation; providing a short title; creating s. 215.559, F.S.; creating the certificate of exemption; providing a penalty for falsification of an Hurricane Loss Mitigation Clearing Trust Fund; providing for application or unauthorized use of a certificate of exemption; providing administration; specifying moneys to be credited to the fund; requiring categories of qualification for a certificate of exemption; providing duties appropriation of moneys in the fund; providing purposes; specifying uses of the Department of Revenue with respect to issuance of a certificate of of such moneys by specified officers and agencies; providing allocations; exemption for qualified production companies; requiring the Office of requiring reports; providing that fund balances carry over to future the Film Commissioner to keep specified records; requiring an annual years; amending s. 215.555, F.S.; requiring the State Board of report to the Legislature; amending s. 212.031, F.S., relating to the tax Administration annually to transfer specified amounts from the Florida on the lease or rental of or license in real property; providing that the Hurricane Catastrophe Fund to the Hurricane Loss Mitigation Clearing exemption for property used as an integral part of the performance of Trust Fund; providing an effective date. qualified production services inures to the taxpayer upon presentation of a certificate of exemption issued under s. 288.1258, F.S.; amending s. Proof of publication of the required notice was attached. 212.06, F.S.; providing that the exemption for fabrication labor used in the production of a qualified motion picture inures to the taxpayer upon First reading by publication (Art. III, s. 7, Florida Constitution). presentation of a certificate of exemption issued under s. 288.1258, F.S.; By the Committee on Claims; Representatives Cantens and Ritter— amending s. 212.0602, F.S., which exempts the purchase or lease of materials, equipment, and other items by specified educational entities, HB 977—A bill to be entitled An act relating to Miami-Dade County; institutions, or organizations under certain limited circumstances; providing for the relief of Evane Dorival, Sandie Dorival, and Judith expanding the exemption to include the license in or lease of real Dorival, minor children of Elionne Joseph, deceased; providing for an property by, and support operations of, such educational institutions; appropriation to compensate them for the death of their mother, Elionne amending s. 212.08, F.S.; providing that the exemption for certain Joseph, as a result of the negligence of the Miami-Dade County Police motion picture or video equipment and sound recording equipment shall Department; providing an effective date. be a point of sale exemption rather than by refund; providing that the exemption inures to the taxpayer upon presentation of a certificate of Proof of publication of the required notice was attached. exemption issued under s. 288.1258, F.S.; providing that the partial First reading by publication (Art. III, s. 7, Florida Constitution). exemption for master tapes, records, films, or video tapes inures to the taxpayer upon presentation of a certificate of exemption issued under s. By Representative Crow— 288.1258, F.S.; amending s. 213.053, F.S.; authorizing the Department of Revenue to share certain information with the Office of the Film HB 979—A bill to be entitled An act relating to boating safety; Commissioner; providing contingent effective dates. amending s. 327.02, F.S.; redefining “personal watercraft”; amending s. 327.25, F.S.; classifying all personal watercraft as class A-2 vessels; First reading by publication (Art. III, s. 7, Florida Constitution). 82 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

By the Committee on Tourism; Representatives Starks, Farkas, By Representative C. Green— Barreiro, Bloom, Dennis, Hafner, Argenziano, Bush, Melvin, Lynn, Bullard, and Valdes— HB 989—A bill to be entitled An act relating to physician assistants; amending s. 458.347, F.S.; authorizing certain students of the former HB 985—A bill to be entitled An act relating to the promotion and Florida College of Physician’s Assistants to sit for the examination for development of Florida’s entertainment industry; creating s. 288.125, licensure as a physician assistant; requiring prior completion of F.S.; defining “entertainment industry”; creating s. 288.1251, F.S.; incomplete or additionally required clinical rotations and providing creating the Office of the Film Commissioner; providing procedure for requirements therefor; authorizing temporary licensure; providing for selection of the Film Commissioner; providing powers and duties of the licensure of successful examinees; providing for fees; providing for office; creating s. 288.1252, F.S.; creating the Florida Film Advisory future repeal; providing an effective date. Council within the Office of Tourism, Trade, and Economic Development of the Executive Office of the Governor; providing purpose, membership, First reading by publication (Art. III, s. 7, Florida Constitution). terms, organization, powers, and duties of the council; creating s. By Representatives Albright, Andrews, and Levine— 288.1253, F.S.; providing definitions; requiring the Office of Tourism, Trade, and Economic Development to adopt rules by which it may make HB 991—A bill to be entitled An act relating to tax on tobacco specified expenditures for expenses incurred in connection with the products; creating s. 210.155, F.S.; defining “primary source of supply”; performance of the duties of the Office of the Film Commissioner; requiring registration of entities acting as a primary source of supply; requiring approval of such rules by the Comptroller; requiring an prohibiting wholesale dealers from shipping or accepting delivery of annual report; authorizing the acceptance and use of specified goods and cigarettes from outside the state other than directly from a primary services by employees and representatives of the Office of the Film source of supply; providing requirements with respect to affixing any Commissioner; providing certain requirements with respect to claims stamp or other cover to a cigarette package; providing for seizure and for expenses; providing a penalty for false or fraudulent claims; forfeiture of cigarettes in violation, and for revocation of a wholesale providing for civil liability; amending s. 14.2015, F.S.; revising purposes dealer’s permit; amending s. 210.15, F.S.; revising application of the Office of Tourism, Trade, and Economic Development of the requirements for permits for distributing agents, wholesale dealers, and Executive Office of the Governor; amending ss. 288.108 and 288.90152, exporters, and provisions relating to renewal thereof; requiring F.S.; correcting cross references; repealing s. 288.051, F.S., which submission of manufacturers’ affirmation forms by distributing agents provides a short title; repealing s. 288.052, F.S., relating to legislative and wholesale dealers; amending ss. 210.151 and 210.405, F.S., relating findings and intent with respect to the “Florida Film and Television to temporary initial cigarette and other tobacco products permits; Investment Act”; repealing s. 288.053, F.S., relating to the Florida Film conforming language; revising provisions relating to expiration of such and Television Investment Board; repealing s. 288.054, F.S., relating to permits; specifying that manufacturers’ affirmation forms must be the administration and powers of the Florida Film and Television submitted prior to issuance of a temporary cigarette permit; amending Investment Board; repealing s. 288.055, F.S., relating to the Florida s. 210.16, F.S.; providing for revocation and suspension of registration Film and Investment Trust Fund; repealing s. 288.056, F.S., relating to of a primary source of supply; providing limitations on renewal of conditions for film and television investment by the board; repealing s. registration subsequent to revocation; providing for civil penalties in 288.057, F.S., requiring an annual report by the board; repealing s. lieu of revocation or suspension; increasing the civil penalty that may be 288.1228, F.S., relating to the direct-support organization authorized by imposed on a wholesale dealer in lieu of suspension or revocation of a the Office of Tourism, Trade, and Economic Development to assist in the permit; providing an effective date. promotion and development of the entertainment industry; repealing s. First reading by publication (Art. III, s. 7, Florida Constitution). 288.12285, F.S., relating to confidentiality of identities of donors to the direct-support organization; providing an effective date. By Representative Turnbull—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 993—A bill to be entitled An act relating to aeronautics; creating the Commission on the Future of Aeronautics and Space in Florida; By the Committee on Community Colleges & Career Prep; providing for qualifications and appointment of members; directing the Representatives Harrington, Greenstein, Stafford, A. Greene, commission to study and make recommendations regarding specified Merchant, Goodlette, Wise, and Lynn— areas relating to aeronautics and aerospace in the state; requiring HB 987—A bill to be entitled An act relating to workforce investment; reports; providing for termination of the commission; providing an creating the Florida Workforce Investment Act of 1999; providing effective date. legislative intent; requiring the state to operate a workforce First reading by publication (Art. III, s. 7, Florida Constitution). development education system for certain purposes; providing requirements; requiring the Jobs and Education Partnership to develop By Representative Gay— a plan to implement individual training accounts; providing for individual training accounts; providing requirements and criteria; HB 995—A bill to be entitled An act relating to the depopulation of requiring the Jobs and Education Partnership to make rule the Florida Residential Property and Casualty Joint Underwriting recommendations to the State Board of Education; authorizing the Association; repealing s. 627.3511(5)(b), F.S., relating to the board to adopt rules; providing for one-stop center intensive services; qualification of an insurer for an exemption from certain assessment; providing for eligibility for training services; providing for one-stop providing retroactive application; providing an effective date. center training services; providing duties of regional workforce First reading by publication (Art. III, s. 7, Florida Constitution). development boards; allocating a portion of federal funds for certain purposes; segregating certain federal funds; requiring youth councils to By Representatives C. Green and Gay— use certain funds for certain purposes; specifying criteria for performance payments; requiring the Jobs and Education Partnership HB 997—A bill to be entitled An act relating to student to develop a state plan for certain purposes; providing plan transportation; amending s. 234.021, F.S.; revising provisions relating requirements; providing for review and evaluation of the workforce to identification of hazardous walking conditions; requiring that development education system; requiring a report to the Legislature; allocations to correct hazardous walking conditions be made within a requiring the Office of Program Policy Analysis and Government certain time period; amending s. 236.083, F.S.; revising requirements Accountability to assess the workforce development education system regarding distance from school for purposes of transportation funding and report to the Legislature; providing for statewide activities; eligibility; providing an effective date. requiring regional workforce development boards to establish a First reading by publication (Art. III, s. 7, Florida Constitution). committee for certain purposes; providing for membership; requiring the committees to make certain recommendations to the Job and By Representative Murman— Education Partnership; requiring a report; providing an effective date. HB 999—A bill to be entitled An act relating to school health services; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 381.0056, F.S.; defining the term “entity” or “health care March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 83 entity” for purposes of the school health services program; requiring the subdivisions thereof to enter into hold harmless agreements with the district school board and each nonpublic school participating in the Federal Government when required by federal law to obtain federal program to make available adequate physical facilities for health funding; providing an effective date. services; creating s. 381.0058, F.S.; providing for matching funds for the provision of school nurse services under public-private partnerships; First reading by publication (Art. III, s. 7, Florida Constitution). providing legislative intent and purpose; providing departmental duties; By Representative Jacobs— providing a proposal submission and review process; providing for the scope of services to be provided; providing for review and selection HB 1011—A bill to be entitled An act relating to epidural anesthesia; criteria; creating s. 381.0059, F.S.; providing background screening amending ss. 627.6406, 627.6574, and 641.31, F.S.; requiring health requirements for school health services providers; specifying the insurance policies and health maintenance organization contracts that persons who must submit to such screening; specifying payment for cover maternity care to cover the administration of epidural anesthesia screening services; providing grounds for disqualification; providing for during labor and delivery; prohibiting restricting or refusing access to exemptions from disqualification; requiring certain attestation to such procedure, except when medically contraindicated; prohibiting screening requirements; requiring a study of training requirements for requiring a patient’s advance notice or special consent to such school health nurses; providing for reimbursement for certain expenses procedure; providing an effective date. for members of the study group; requiring a report; providing legislative intent relating to funding of school nursing services and providing an First reading by publication (Art. III, s. 7, Florida Constitution). appropriation therefor; providing an appropriation for a school health By Representatives Bloom and Sanderson— summit; providing an effective date. HB 1013—A bill to be entitled An act relating to the Florida First reading by publication (Art. III, s. 7, Florida Constitution). Retirement System; amending s. 121.091, F.S.; creating the Florida Retirement System Preservation of Benefits Plan; providing a By Representatives Dennis, Fuller, Arnall, Crady, Thrasher, and statement of public purpose; providing an effective date. Wise— First reading by publication (Art. III, s. 7, Florida Constitution). HB 1001—A bill to be entitled An act relating to the City of Jacksonville, Duval County; repealing chapter 89-509, Laws of Florida; By Representative Feeney— abolishing the Jacksonville Sports Development Authority; amending chapter 97-339, Laws of Florida; replacing the Chairman of the HB 1015—A bill to be entitled An act relating to Department of Jacksonville Sports Development Authority with the Chairman of the Highway Safety and Motor Vehicles; repealing s. 322.142(5) and (6), Sports and Entertainment Board as an ex officio advisor to the F.S., relating to color photographic or digital imaged licenses; Jacksonville Economic Development Commission; providing an effective eliminating provisions permitting the Department of Highway Safety date. and Motor Vehicles to sell certain information related to driver’s licenses and other information; providing an effective date. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Bense and Kilmer— By Representative Wiles— HB 1017—A bill to be entitled An act relating to Bay County; creating HB 1003—A bill to be entitled An act relating to insurance agencies; the City of Southport; fixing boundaries; providing for a city amending s. 626.094, F.S.; excluding certain corporations from the commission, qualifications and terms of office, vacancies, compensation, definition of insurance agency under certain circumstances for purposes charter officers, mayor and vice mayor, a city manager, a city attorney, of sharing commissions; providing an effective date. and a city clerk; providing for elections; providing for municipal services; providing for charter amendment, review, and referendum; providing First reading by publication (Art. III, s. 7, Florida Constitution). for severability; providing for transition; providing an effective date.

By Representative Greenstein— Proof of publication of the required notice was attached. HB 1005—A bill to be entitled An act relating to enforcement of First reading by publication (Art. III, s. 7, Florida Constitution). money judgments; amending s. 162.09, F.S.; authorizing code enforcement boards to sue to recover the amount of a money judgment By Representatives Dockery, Alexander, Argenziano, Hart, C. Green, on a lien plus interest; amending s. 162.10, F.S.; providing for a and Kyle— prevailing party to recover all costs, including attorney’s fees, in an HB 1019—A bill to be entitled An act relating to offenses of driving action for a money judgment on a lien; providing an effective date. under the influence; amending s. 316.193, F.S.; providing an exception First reading by publication (Art. III, s. 7, Florida Constitution). to the 1-year maximum limitation upon the period of probation and incarceration imposed for a first conviction; permitting extension of the By the Committee on Community Colleges & Career Prep; probationary period for up to 4 additional years when the defendant has Representatives Harrington, Detert, Greenstein, Stafford, A. Greene, not completed restitution payments; reenacting s. 316.072(4)(b), F.S., Wise, Merchant, Goodlette, Kelly, Johnson, and Lynn— relating to obedience to and effect of traffic laws, s. 316.1937(1) and (2)(d), F.S., relating to court-required use of ignition interlock devices, HB 1007—A bill to be entitled An act relating to community college s. 318.143, F.S., relating to sanctions for infractions by minors, s. distance learning; amending s. 240.311, F.S.; authorizing the State 322.0602(2), F.S., relating to Youthful Drunk Driver Visitation Board of Community Colleges to develop and produce certain work Program, s. 322.271(4)(a), F.S., relating to authority to modify products related to distance learning; authorizing fees for such revocation, cancellation, or suspension order, s. 938.21, F.S., relating to materials for purposes of educational use; requiring annual postaudits; alcohol and drug abuse programs, and s. 938.23(1), F.S., relating to requiring the adoption of rules; requiring the submission of a report; assistance grants for alcohol and other drug abuse programs, to requiring the State Board of Community Colleges to submit an annual incorporate said amendment in references; providing an effective date. report to the Legislature; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Spratt, K. Smith, Boyd, Patterson, Lawson, By Representative Wiles— Bronson, Crady, Wiles, J. Miller, Peaden, Stansel, and Melvin—

HB 1009—A bill to be entitled An act relating to financial matters; HB 1021—A bill to be entitled An act relating to small county road creating s. 215.245, F.S.; authorizing the state and agencies or political assistance; creating s. 339.2816, F.S.; creating the Small County Road 84 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Assistance Program within the Department of Transportation; formulary committee to establish a formulary of medicinal drugs that providing legislative intent; providing a definition; providing funding; physician assistants may prescribe; providing for terms and meetings of providing for eligibility; providing for the application of bidding the formulary committee; providing standards for formulary drugs; provisions; providing for rules; providing an effective date. providing for the Board of Medicine and the Board of Osteopathic Medicine to adopt the formularies; creating s. 893.045, F.S.; allowing a First reading by publication (Art. III, s. 7, Florida Constitution). physician assistant to apply for a federal controlled substance registry number; providing an effective date. By Representative Lacasa—

HB 1023—A bill to be entitled An act relating to limited liability First reading by publication (Art. III, s. 7, Florida Constitution). companies; amending s. 220.02, F.S.; declaring legislative intent that By Representative Bainter— certain companies are exempt from the corporate income tax; revising legislative intent with respect to the amendment of s. 220.02, F.S., by HB 1033—A bill to be entitled An act relating to education; amending chapter 98-101, Laws of Florida; amending s. 220.03, F.S.; redefining s. 228.041, F.S.; defining “juvenile justice provider” and “school year for the term “corporation” for purposes of the corporate income tax; juvenile justice programs”; amending s. 228.051, F.S., relating to the amending s. 220.13, F.S.; redefining the term “taxable income” of limited organization and funding of required public schools; requiring the public liability companies for purposes of determining “adjusted federal schools of the state to provide instruction for youth in Department of income”; amending s. 608.471, F.S.; exempting certain limited liability Juvenile Justice programs; amending s. 228.081, F.S.; requiring the companies from income taxation; amending s. 608.441, F.S.; revising development and adoption of a rule articulating expectations for conditions under which a limited liability company will be dissolved; education programs for youth in Department of Juvenile Justice amending s. 199.023, F.S.; redefining the term “intangible personal programs; requiring the development of model contracts for the delivery property” for purposes of the taxation thereof; amending s. 199.185, of educational services to youth in Department of Juvenile Justice F.S.; exempting interests in limited liability companies from intangible programs; requiring the Department of Education to provide training personal property taxation; providing an effective date. and technical assistance; requiring the development of model procedures for transitioning youth into and out of Department of First reading by publication (Art. III, s. 7, Florida Constitution). Juvenile Justice programs; requiring the development of model By Representatives Rojas and Barreiro— procedures regarding education records; requiring the Department of Education to provide, or contract for the provision of, quality assurance HB 1025—A bill to be entitled An act relating to voter registration; reviews of all juvenile justice education programs; amending s. 229.57, amending s. 97.052, F.S.; eliminating information and notice F.S.; revising provisions relating to the statewide assessment program requirements relating to homestead exemption from the uniform to include schools operating for the purpose of providing educational statewide voter registration application; repealing s. 98.015(11), F.S.; services to youth in Department of Juvenile Justice programs; requiring eliminating the requirement that a supervisor of elections must forward the Department of Education to develop and implement assessment to the property appraiser the names and homestead addresses of tools to be used in juvenile justice programs; amending s. 229.58, F.S.; persons registering to vote at an address other than that at which they authorizing the establishment of district advisory councils for juvenile claim a homestead exemption; amending s. 196.141, F.S.; eliminating justice education programs; amending s. 229.592, F.S.; revising the requirement that the property appraiser examine such forwarded provisions relating to the implementation of the state system of school information to determine whether to initiate procedures to terminate a improvement and education accountability to include schools operating person’s homestead exemption and assess back taxes; providing an for the purpose of providing educational services to youth in Department effective date. of Juvenile Justice programs; deleting obsolete language; amending s. 230.23, F.S., relating to powers and duties of the school board; revising First reading by publication (Art. III, s. 7, Florida Constitution). provisions relating to school improvement plans and public disclosure to By Representative Kilmer— include schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs; HB 1027—A bill to be entitled An act relating to enterprise zones; amending s. 230.2316, F.S., relating to program criteria for dropout creating s. 290.0069, F.S.; authorizing the Office of Tourism, Trade, and prevention programs; requiring common education assessments for all Economic Development to designate an enterprise zone in Liberty students assigned to residential or nonresidential commitment or County; providing requirements with respect thereto; providing an detention facilities; amending s. 230.23161, F.S., relating to educational effective date. services in Department of Juvenile Justice programs; providing legislative intent; requiring the Department of Education to serve as the First reading by publication (Art. III, s. 7, Florida Constitution). lead agency; requiring the Department of Education and the Department of Juvenile Justice to designate a coordinator to ensure By Representatives Arnall, Fuller, Wise, Thrasher, and Crady— department participation in certain activities; requiring student access HB 1029—A bill to be entitled An act relating to the City of to GED programs; requiring certain funding; revising provisions Jacksonville Beach, Duval County; amending chapter 27643, Laws of relating to compulsory school attendance; requiring the development of Florida, 1951, as amended, relating to the employees’ retirement system an academic improvement plan for certain students; providing of the City of Jacksonville Beach; providing authority for the requirements regarding academic records; requiring provisions for the municipality to amend the retirement system by local ordinance; earning and transfer of credits; providing funding requirements; providing an effective date. revising provisions relating to quality assurance standards; requiring the Department of Juvenile Justice site visit and the education quality Proof of publication of the required notice was attached. assurance site visit to take place during the same visit; requiring the establishment of minimum standards; requiring the State Board of First reading by publication (Art. III, s. 7, Florida Constitution). Education to adopt rules establishing sanctions for performance below By Representative Goode— minimum standards; revising requirements regarding an annual report; amending s. 235.194, F.S.; requiring the submission of the district’s HB 1031—A bill to be entitled An act relating to physician assistants; general educational facilities report to each juvenile justice district amending s. 39.304, F.S.; allowing a physician assistant to perform a manager within the school board’s jurisdiction; requiring the inclusion medical examination, and to authorize a radiological examination to be of educational facilities serving youth in Department of Juvenile Justice performed, on a child who is suspected to be a victim of abuse, programs in the educational facilities report; creating s. 235.1975, F.S., abandonment, or neglect; amending ss. 458.347, 459.022, F.S.; requiring relating to cooperative development of educational facilities in juvenile a physician assistant who prescribes controlled substances to complete justice programs; requiring a review and analysis of existing facilities; a course in substance abuse; providing for the appointment of a requiring the development and submission of a plan; requiring the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 85

Department of Juvenile Justice to provide certain information to school 232.246, 233.17, 235.05, 235.2197, 235.435, 236.08107, 236.1228, and districts and the Department of Education regarding new juvenile 236.685, Florida Statutes; reenacting and amending s. 117.05(5), justice facilities; providing an appropriation; providing requirements Florida Statutes; and reenacting ss. 90.503(1), 112.313(9), 197.222(1), regarding planning and budgeting; amending s. 237.34, F.S.; requiring and 206.59(4), Florida Statutes, pursuant to s. 11.242, Florida Statutes; each district to expend at least 90 percent of the funds generated by deleting provisions which have expired, have become obsolete, have had juvenile justice programs on the aggregate total school costs for such their effect, have served their purpose, or have been impliedly repealed programs; amending s. 985.401, F.S.; requiring the Juvenile Justice or superseded; replacing incorrect cross-references and citations; Accountability Board to study the extent and nature of education correcting grammatical, typographical, and like errors; removing programs for juvenile offenders; amending s. 985.413, F.S.; revising the inconsistencies, redundancies, and unnecessary repetition in the duties of district juvenile justice boards; requiring the development and statutes; improving the clarity of the statutes and facilitating their submission of a plan for education programs in detention centers; correct interpretation; and confirming the restoration of provisions amending s. 985.404, F.S., relating to the administration of the juvenile unintentionally omitted from republication in the acts of the Legislature justice continuum; correcting a cross reference; providing an effective during the amendatory process. date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Calendar of the House. By Representative C. Green— By the Committee on Rules & Calendar; Representative Arnall— HB 1035—A bill to be entitled An act relating to health insurance; HB 1039—A reviser’s bill to be entitled An act relating to the Florida creating the Florida Health Endowment Association as a nonprofit Statutes; amending ss. 238.06, 240.1161, 240.1201, 240.147, 240.156, entity to provide insurance coverage to individuals whose health 240.20941, 240.2605, 240.275, 240.283, 240.285, 240.311, 240.319, insurance has been involuntarily terminated for reasons other than 240.3195, 240.324, 240.331, 240.3315, 240.383, 240.4063, 240.408, nonpayment of premiums; providing for the association to be governed 240.414, 240.4145, 240.498, 240.514, 240.551, 240.6054, 240.632, by a board of directors; providing membership of the board; providing 242.3305, 246.041, 250.46, 252.939, 253.025, 255.05, 259.032, 259.101, terms of office; providing for the board members to be reimbursed for 260.016, 270.10, 280.09, 280.11, 281.05, 281.06, 281.07, 281.08, 282.003, expenses; providing immunity from liability for board members and 282.005, 282.101, 282.20, 282.22, 282.3031, 282.3041, 282.310, 284.31, employees of the association; requiring the board to adopt a plan and 287.059, 287.0595, 287.064, 287.09431, 287.133, 287.151, 287.16, rules to administer the act; providing additional duties of the board; 288.039, 288.041, 288.052, 288.1066, 288.108, 288.1169, 288.1185, requiring that the board report to the Governor and Legislature each 288.770, 288.776, 288.853, 288.905, 288.9512, 288.9605, 288.9607, year; specifying the powers of the board; requiring the board to select a 288.9620, 290.0058, 290.0065, 290.009, 295.07, 295.085, 295.09, 295.14, plan administrator; specifying the period of service of the administrator; 296.33, 298.225, 316.003, 316.072, 316.0747, 316.1955, 316.2126, providing duties of the administrator; providing for payment of the 316.2399, 316.302, 318.13, 318.14, 318.21, 319.33, 320.03, 320.055, administrator for expenses; requiring that the plan offer a renewable 320.08056, 320.08058, 320.0848, 320.1325, 322.12, 322.121, 322.292, policy that provides specified coverage; requiring that the plan offer 322.34, 322.57, 323.001, 325.202, 325.212, 327.25, 327.28, 331.303, major medical expense coverage similar to that provided by the state 331.305, 331.308, 334.03, 336.01, 337.023, 337.407, 338.22, 338.221, group health insurance program; providing for covered expenses; 338.222, 338.223, 338.225, 338.227, 338.228, 338.229, 338.231, 338.232, providing for premiums, deductibles, and coinsurance; requiring that 338.239, 339.0805, 339.135, 341.321, 348.0005, 348.242, 349.21, the board establish premium schedules; providing for payment of 350.031, 350.0605, 354.01, 364.509, 366.072, 368.061, 370.06, 370.0605, coverage if the costs exceed the deductible within a policy year; 370.063, 370.0821, 370.12, 370.14, 370.142, 370.1535, 370.154, 372.023, providing an exclusion for preexisting conditions under specified 372.561, 372.57, 372.573, 372.661, 373.036, 373.0691, 373.213, 373.246, circumstances; providing for other sources of insurance to be primary; 373.414, 373.421, 373.4592, 373.59, 373.591, 374.976, 374.983, 375.041, providing a cause of action for the association for the recovery of 376.3071, 376.3072, 376.3078, 376.30781, 376.82, 378.901, 380.0555, benefits; providing that the provision of health insurance is not an 380.20, 380.205, 380.22, 381.0014, 381.0035, 381.004, 381.0065, entitlement; providing for coverage to be insured by the Florida Health 381.0068, 381.0203, 381.732, 381.733, 382.003, 382.356, 388.4111, Endowment Association; authorizing the board to contract with insurers 388.46, 390.0111, 390.0112, 393.063, 393.067, 394.4787, 395.002, for disease management services; providing tax credits for insurance 395.605, 400.0067, 400.051, 400.063, 400.417, 400.4174, 400.4256, companies that contribute to the Florida Health Endowment 400.426, 400.427, 400.447, 400.471, 400.6085, 400.618, 400.6196, Association; providing for unused tax credits to be claimed by a 402.161, 402.3055, 402.3057, 402.308, and 402.3115, Florida Statutes; transferee; providing for the plan to be terminated if it becomes reenacting and amending ss. 341.051(5) and 397.405, Florida Statutes; financially infeasible; repealing ss. 627.648, 627.6482, 627.6484, and reenacting ss. 240.2011, 266.0016, 295.11(2), 320.0848(9) and (10), 627.6486, 627.6487, 627.64871, 627.6488, 627.6489, 627.649, 627.6492, 320.20(2), 328.17(1), 351.03, 351.034, 351.35, 351.36, 351.37, 354.01, 627.6494, 627.6496, 627.6498, Florida Statutes, contingent upon the 354.02, 354.03, 354.04, 354.05, 354.07, 361.025, 373.197(2), (3), opening of the plan; providing an appropriation; providing an effective 376.30711(2)(b), (c), and 377.703(3)(b), (c), (d), (e), (h), (i), (j), (k), (l), and date. (m), Florida Statutes, pursuant to s. 11.242, Florida Statutes; deleting First reading by publication (Art. III, s. 7, Florida Constitution). provisions which have expired, have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or By the Committee on Rules & Calendar; Representative Arnall— superseded; replacing incorrect cross-references and citations; correcting grammatical, typographical, and like errors; removing HB 1037—A reviser’s bill to be entitled An act relating to the Florida inconsistencies, redundancies, and unnecessary repetition in the Statutes; amending ss. 11.149, 11.242, 11.46, 15.182, 20.19, 20.22, statutes; improving the clarity of the statutes and facilitating their 20.23, 20.315, 20.316, 27.0055, 27.365, 27.702, 28.101, 34.201, 39.01, correct interpretation; and confirming the restoration of provisions 39.0132, 39.3031, 39.503, 39.821, 49.011, 50.011, 50.031, 50.051, unintentionally omitted from republication in the acts of the Legislature 63.0427, 63.162, 72.011, 90.4025, 90.953, 92.53, 97.1031, 101.62, 101.65, during the amendatory process. 104.047, 106.082, 110.112, 110.123, 112.19, 112.191, 112.215, 112.3135, 112.3143, 112.352, 112.361, 120.57, 120.595, 120.81, 121.011, 121.021, First reading by publication (Art. III, s. 7, Florida Constitution). 121.046, 121.051, 121.091, 121.125, 121.40, 122.03, 125.0104, 154.503, Referred to the Calendar of the House. 161.36, 163.01, 163.03, 163.360, 166.231, 175.021, 175.071, 185.06, 186.001, 186.003, 186.006, 186.505, 199.023, 206.97, 206.9915, 212.06, By the Committee on Rules & Calendar; Representative Arnall— 212.08, 212.12, 212.20, 213.05, 213.053, 215.32, 215.58, 215.96, 216.0315, 216.136, 216.181, 216.236, 216.237, 216.346, 218.21, 218.65, HB 1041—A reviser’s bill to be entitled An act relating to the Florida 220.02, 228.053, 228.055, 228.0565, 229.593, 230.2305, 231.261, Statutes; amending ss. 403.086, 403.0872, 403.08851, 403.703, 403.705, 86 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

403.706, 403.708, 403.715, 403.718, 403.7199, 403.726, 403.788, 88.0405, 88.041, 88.051, 88.0515, 88.061, 88.065, 88.081, 88.091, 88.101, 403.9415, 404.056, 408.05, 408.061, 408.062, 408.08, 408.7042, 408.904, 88.105, 88.111, 88.121, 88.131, 88.141, 88.151, 88.161, 88.171, 88.181, 409.145, 409.1685, 409.1757, 409.2355, 409.2564, 409.2576, 409.821, 88.191, 88.193, 88.211, 88.221, 88.231, 88.235, 88.241, 88.251, 88.255, 409.905, 409.908, 409.910, 409.9116, 409.912, 411.202, 411.222, 88.261, 88.271, 88.281, 88.291, 88.295, 88.297, 88.311, 88.321, 88.331, 411.232, 411.242, 414.065, 414.105, 415.102, 415.1055, 415.107, 88.341, 88.345, 88.351, 88.371, 201.131, 212.055(6), 231.1713, 231.601, 419.001, 420.0004, 420.507, 420.525, 420.9072, 421.10, 421.33, 430.502, 240.1201(10)(j), 240.605(5)(c), 253.025(7)(e)4., 259.032(12)(b)3., 435.03, 435.04, 440.02, 440.021, 440.14, 440.15, 440.185, 440.25, 440.38, 287.057(22), 287.073(5), 290.0065(8), 290.0301, 290.0311, 290.032, 440.385, 440.49, 440.51, 442.20, 443.036, 443.041, 443.111, 443.141, 290.033, 290.034, 290.035, 290.036, 290.0365, 290.037, 290.038, 443.151, 443.171, 443.191, 446.22, 446.25, 455.01, 455.5651, 455.5653, 290.039, 290.0395, 327.25(13), 372.672(4), 375.041(3)(b), 376.319, 455.5654, 455.607, 455.621, 455.667, 458.311, 458.320, 459.0085, 402.3015(10), 403.7195, 487.201, 487.202, 487.203, 487.204, 487.205, 459.018, 462.14, 466.014, 468.1655, 468.1695, 468.307, 468.505, 487.206, 487.207, 550.09511(5), 616.261(2), 620.56, 620.565, 620.57, 468.605, 469.005, 471.045, 473.302, 479.01, 481.222, 483.23, 483.825, 487.048, 489.103, 489.1136, 489.131, 489.133, 489.140, 489.141, 620.575, 620.58, 620.585, 620.59, 620.595, 620.60, 620.605, 620.61, 489.519, 489.531, 494.00421, 497.255, 500.03, 501.022, 501.0575, 620.615, 620.62, 620.625, 620.63, 620.635, 620.64, 620.645, 620.65, 501.608, 509.032, 509.302, 514.031, 517.021, 517.12, 550.1625, 620.655, 620.66, 620.665, 620.67, 620.675, 620.68, 620.685, 620.69, 550.2625, 550.375, 553.06, 553.141, 553.503, 553.506, 553.512, 553.73, 620.695, 620.70, 620.705, 620.71, 620.715, 620.72, 620.725, 620.73, 553.74, 559.807, 560.129, 561.1105, 561.20, 578.28, 585.74, 585.91, 620.735, 620.74, 620.745, 620.75, 620.755, 620.76, 620.765, 620.77, 589.101, 590.11, 593.111, 601.04, 601.155, 608.402, and 616.242, Florida 627.09155, and 957.04(8), Florida Statutes, pursuant to s. 11.242, Statutes; and reenacting ss. 415.1102, 440.191(1), and 483.811(6), Florida Statutes; all of which provisions have become inoperative by Florida Statutes, pursuant to s. 11.242, Florida Statutes; deleting noncurrent repeal or expiration and, pursuant to s. 11.242(5)(b) and (i), provisions which have expired, have become obsolete, have had their may be omitted from the Florida Statutes 1999 only through a reviser’s effect, have served their purpose, or have been impliedly repealed or bill duly enacted by the Legislature. superseded; replacing incorrect cross-references and citations; correcting grammatical, typographical, and like errors; removing First reading by publication (Art. III, s. 7, Florida Constitution). inconsistencies, redundancies, and unnecessary repetition in the statutes; improving the clarity of the statutes and facilitating their Referred to the Calendar of the House. correct interpretation; and confirming the restoration of provisions By the Committee on Rules & Calendar; Representative Arnall— unintentionally omitted from republication in the acts of the Legislature during the amendatory process. HB 1047—A reviser’s bill to be entitled An act relating to the Florida Statutes; repealing ss. 61.181(2)(b)3., 95.11(5)(c), 186.007(5)(c), First reading by publication (Art. III, s. 7, Florida Constitution). 206.045(1) and (2), 213.053(7)(k), 230.2306(1)(c), 232.246(6)(c), Referred to the Calendar of the House. 239.505(12), 253.7821(2), 255.554, 288.90152, 290.009(4), 316.0747(2), 318.1451(5), 320.073, 322.292(5), 325.217(3), 327.25(12)(d), By the Committee on Rules & Calendar; Representative Arnall— 339.2405(7)(a)6., 344.29, 369.313(3), 372.025(2)(b) and (d), 373.1965, HB 1043—A reviser’s bill to be entitled An act relating to the Florida 373.197(3), 374.976(4), 374.9785, 376.30711(7), 380.05(22)(b), Statutes; amending ss. 618.08, 620.78, 620.782, 620.783, 620.7851, 381.0056(7)(a), 381.0403(5)(b), 381.731(3), 393.002(8), 393.21, 400.702, 620.786, 620.788, 620.7885, 620.7887, 624.01, 624.123, 624.408, 402.3026(3), 402.45(11), 403.08735(2), 403.4131(10), 403.7043(5), 624.439, 624.461, 624.502, 624.5092, 624.610, 625.52, 626.041, 626.101, 403.7061(5), 403.714(2), 403.7191(3)(a), (b), (4)(c), and (8), 626.9541, 626.9543, 626.973, 627.0612, 627.162, 627.4147, 627.5515, 403.7192(2)(c), 403.7199(6), 403.722(5)(c) and (d), 409.1673(4)(b), 627.6617, 627.6699, 627.7295, 627.733, 627.848, 627.912, 627.9407, 409.1674, 409.9125, 410.0245(1)(c), 411.222(3)(b), 413.605(5), 628.461, 628.4615, 628.6013, 628.6016, 628.6017, 628.721, 629.401, 414.065(11)(b), 427.705(9), 440.151(1)(e), 446.045(3), 466.004(7), 631.0515, 631.112, 631.57, 631.914, 633.161, 633.72, 641.2018, 467.209, 468.354(3)(b), 484.045(3), 509.215(6)(c), 550.09514(2)(e), 641.20185, 641.30, 641.31071, 641.459, 641.495, 641.51, 641.512, 560.118(2)(c), 560.122, 590.026(6)(a), 593.114(3), 626.8414(2), 641.515, 658.2953, 658.90, 660.29, 663.16, 671.105, 678.1021, 678.5031, 627.311(4)(q), 627.914(6), 636.005(4), 636.013, 636.014, 636.066(2), 694.14, 697.05, 704.05, 713.01, 713.32, 718.103, 718.111, 719.106, 678.101, 713.135(2), 721.301(2), 741.31(6), 753.003, 760.85, 760.851, 719.618, 721.84, 723.085, 734.1025, 741.01, 742.107, 743.0645, 743.065, 760.852, 760.853, 796.02, and 985.06(5), Florida Statutes, pursuant to 744.641, 744.704, 765.113, 766.1115, 766.207, 766.304, 766.316, s. 11.242, Florida Statutes; deleting provisions that have become 772.102, 773.02, 773.05, 775.0877, 784.07, 784.075, 790.0655, 794.024, obsolete, have had their effect, have served their purpose, or have been 810.14, 812.014, 828.27, 901.15, 914.16, 914.17, 918.16, 921.0022, impliedly repealed or superseded. 921.0024, 922.095, 943.0435, 943.0585, 943.059, 943.14, 944.10, 944.606, 944.801, 948.01, 948.03, 948.08, 957.04, 960.003, 984.03, First reading by publication (Art. III, s. 7, Florida Constitution). 984.226, 985.04, 985.203, 985.227, 985.231, 985.304, 985.31, 985.3141, 985.317, 985.401, 985.404, 985.41, 985.413, and 985.414, Florida Referred to the Calendar of the House. Statutes; reenacting and amending ss. 641.3007 and 985.23, Florida By the Committee on Rules & Calendar; Representative Arnall— Statutes; and reenacting ss. 624.610(3), 626.321(1), 626.730, 626.939, 743.07, 794.011, 831.31, 907.041(4), 925.037(5), 984.03(41), and HB 1049—A reviser’s bill to be entitled An act relating to the Florida 985.311(3), Florida Statutes, pursuant to s. 11.242, Florida Statutes; Statutes; amending ss. 40.011, 45.031, 50.051, 75.11, 83.56, 98.095, deleting provisions which have expired, have become obsolete, have had 99.021, 101.051, 101.111, 101.47, 101.49, 102.167, 105.031, 106.087, their effect, have served their purpose, or have been impliedly repealed 125.411, 157.31, 196.111, 200.065, 236.32, 255.05, 298.301, 298.77, or superseded; replacing incorrect cross-references and citations; 372.312, 538.08, 538.24, 568.13, 591.29, 695.031, 709.08, 713.20, 713.22, correcting grammatical, typographical, and like errors; removing inconsistencies, redundancies, and unnecessary repetition in the 713.23, 718.116, 727.111, 765.303, 812.014, 849.38, 921.241, 921.242, statutes; improving the clarity of the statutes and facilitating their and 932.66, Florida Statutes, to revise references to dates reading “19...” correct interpretation; and confirming the restoration of provisions in forms in the Florida Statutes in anticipation of the approaching unintentionally omitted from republication in the acts of the Legislature millennium. during the amendatory process. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Calendar of the House. Referred to the Calendar of the House. By the Committee on Rules & Calendar; Representative Arnall— By the Committee on Rules & Calendar; Representative Arnall— HB 1051—A reviser’s bill to be entitled An act relating to the Florida HB 1045—A reviser’s bill to be entitled An act relating to the Florida Statutes; amending ss. 20.19, 20.22, 121.021, 121.055, 121.091, 121.35, Statutes; repealing ss. 11.42(3)(b)2., 88.011, 88.012, 88.021, 88.031, 210.31, 212.02, 228.0565, 230.23005, 298.301, 322.056, 325.2135, March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 87

373.71, 403.0752, 440.442, 447.603, 455.217, 455.507, 455.511, 455.541, 121.091, and 121.122, Florida Statutes, pursuant to the directive in s. 455.561, 455.621, 455.631, 455.687, 481.329, 489.1195, 489.518, 17, ch. 98-413, Laws of Florida, to change “Elected State and County 489.553, 493.6305, 501.925, 517.021, 608.4381, 608.4384, 620.202, Officers’ Class” to “Elected Officers’ Class” wherever the same appears 620.205, 624.425, 626.321, 626.7355, 626.741, 626.792, 626.9325, in chapter 121. 627.70161, 628.721, 631.929, 634.312, 651.114, 667.006, 686.602, 686.604, 686.605, 686.606, 686.611, 686.613, 721.84, 916.303, 921.0024, First reading by publication (Art. III, s. 7, Florida Constitution). and 985.03, Florida Statutes, to conform to the directive in s. 1, ch. 93- 199, Laws of Florida, to remove gender-specific references applicable to Referred to the Calendar of the House. human beings from the Florida Statutes without substantive change in By the Committee on Rules & Calendar; Representative Arnall— legal effect.

First reading by publication (Art. III, s. 7, Florida Constitution). HB 1057—A bill to be entitled An act relating to the official Florida Statutes; amending ss. 11.2421, 11.2422, 11.2424, and 11.2425, Florida Referred to the Calendar of the House. Statutes; adopting the Florida Statutes 1999 and designating the portions thereof that are to constitute the official law of the state; By the Committee on Rules & Calendar; Representative Arnall— providing that the Florida Statutes 1999 shall be effective immediately HB 1053—A reviser’s bill to be entitled An act relating to the Florida upon publication; providing that general laws enacted during the 1997 Statutes; amending ss. 11.50, 40.022, 61.13, 61.20, 90.503, 90.6063, regular session and prior thereto and not included in the Florida 98.093, 110.205, 112.061, 120.80, 125.0109, 125.901, 154.205, 154.245, Statutes 1999 are repealed; providing that general laws enacted during 166.0445, 186.901, 189.415, 194.013, 196.1975, 205.1965, 215.3208, the November 1997 special session, the 1998 regular session, and the 216.0172, 216.136, 218.65, 222.21, 228.093, 228.121, 229.8075, 229.832, 1999 regular session are not repealed by this adoption act. 230.2305, 230.33, 231.02, 231.381, 232.0315, 232.2481, 232.36, 236.145, 236.602, 238.01, 239.301, 240.5121, 240.514, 240.705, 245.08, 252.35, First reading by publication (Art. III, s. 7, Florida Constitution). 252.355, 252.36, 255.565, 284.40, 287.057, 287.155, 288.9620, 288.975, 290.009, 314.05, 316.613, 316.6135, 318.14, 321.19, 322.055, 322.20, Referred to the Calendar of the House. 364.510, 370.0605, 370.16, 372.57, 372.6672, 373.309, 376.30, 376.3071, By the Committee on Rules & Calendar; Representative Arnall— 377.712, 380.05, 380.0555, 381.731, 381.733, 383.0113, 383.335, 383.336, 390.0112, 393.002, 393.063, 393.064, 393.065, 393.066, HCR 1059—A concurrent resolution amending Joint Rule 2 of the 393.067, 393.0673, 393.0675, 393.071, 393.075, 393.11, 393.13, 393.15, Joint Rules of the Legislature. 393.31, 393.32, 393.502, 393.503, 394.453, 394.457, 394.4615, 394.4781, 394.480, 394.66, 395.002, 395.1027, 395.1055, 395.1065, 395.4025, First reading by publication (Art. III, s. 7, Florida Constitution). 397.311, 397.753, 397.754, 397.801, 400.0061, 400.0065, 400.0067, 400.0069, 400.0075, 400.0089, 400.021, 400.022, 400.179, 400.211, Referred to the Calendar of the House. 400.23, 400.401, 400.431, 400.434, 400.4415, 400.462, 400.471, 400.914, By the Committee on Business Regulation & Consumer Affairs; 402.04, 402.06, 402.07, 402.12, 402.16, 402.165, 402.166, 402.167, 402.17, 402.18, 402.181, 402.19, 402.20, 402.24, 402.27, 402.28, Representatives Ogles, Futch, J. Miller, Cantens, Kilmer, Greenstein, 402.3015, 402.3026, 402.3115, 402.33, 402.35, 402.40, 402.45, 402.49, and Turnbull— 402.50, 402.55, 403.061, 403.081, 403.085, 403.086, 403.088, 403.703, HB 1061—A bill to be entitled An act relating to consumer protection; 403.7841, 403.786, 403.813, 403.851, 403.852, 403.855, 403.856, amending s. 496.404, F.S.; revising definitions; amending s. 496.405, 403.858, 403.859, 403.861, 403.862, 403.8635, 403.864, 406.02, 408.033, F.S.; providing additional information to be included within initial 408.05, 408.061, 408.20, 408.301, 408.302, 409.166, 409.352, 409.901, 409.910, 409.911, 409.9112, 409.91151, 409.912, 409.914, 409.915, registration statements for charitable organizations and sponsors; 409.916, 409.919, 409.942, 410.0245, 410.502, 411.224, 411.242, prohibiting an employee of a charitable organization or sponsor from 411.243, 413.031, 415.104, 415.1113, 420.621, 421.10, 427.012, 430.015, soliciting contributions on behalf of the charitable organization or 430.04, 435.02, 435.05, 435.08, 440.151, 442.005, 443.036, 446.205, sponsor under specified conditions; amending s. 496.409, F.S.; revising 446.23, 446.25, 446.603, 446.604, 450.191, 450.211, 455.674, 458.3165, and providing additional information to be included within application 458.331, 459.015, 461.013, 466.023, 467.009, 467.0125, 468.1685, for registration or renewal of registration as a professional fundraising 470.021, 470.025, 470.0301, 487.0615, 489.503, 489.551, 499.003, consultant; prohibiting a person from acting as a professional 499.004, 499.02, 499.022, 499.039, 499.051, 499.601, 499.61, 500.12, fundraising consultant under specified circumstances; amending s. 501.001, 509.013, 509.032, 509.251, 509.291, 513.01, 561.121, 561.17, 496.410, F.S.; revising and providing additional information to be 561.19, 561.29, 570.42, 576.045, 585.15, 585.21, 624.424, 627.429, included within application for registration or renewal of registration as 627.6418, 627.6613, 627.736, 636.052, 641.22, 641.23, 641.261, a professional solicitor; revising provisions which prohibit a person from 641.3007, 641.405, 641.406, 641.411, 641.412, 641.443, 641.454, acting as a professional solicitor; amending s. 496.420, F.S.; revising 641.455, 651.021, 651.117, 713.77, 741.01, 741.29, 741.32, 742.08, provisions relating to civil remedies and enforcement; amending s. 742.107, 744.474, 765.110, 766.105, 766.1115, 766.305, 766.314, 768.28, 501.025, F.S.; providing that specified mortgages do not constitute an 768.76, 775.0877, 775.16, 784.081, 790.157, 790.256, 796.08, 817.505, evidence of indebtedness for purposes of a buyer’s right to cancel a home 873.01, 877.111, 893.02, 893.04, 893.11, 893.12, 893.15, 893.165, 895.09, solicitation sale; amending s. 501.604, F.S.; providing additional 938.23, 944.012, 944.024, 944.17, 944.602, 944.706, 945.025, 945.10, exclusions from the exemptions to pt. IV of ch. 501, F.S., the Florida 945.12, 945.35, 945.41, 945.47, 945.49, 947.13, 947.146, 947.185, 948.01, Telemarketing Act; amending s. 501.616, F.S.; providing additional 949.02, 951.27, 958.12, and 960.003, Florida Statutes, pursuant to the unlawful practices with respect to telephone solicitation; amending s. directive of the Legislature in s. 1, ch. 98-224, Laws of Florida, to make 539.001, F.S.; revising license requirements under the Florida specific changes in terminology to conform the Florida Statutes to the Pawnbroking Act; revising conditions of eligibility for license; requiring name change of the Department of Health and Rehabilitative Services specified persons to file certain documentation upon application for and the divestiture of programs of the former department to other license; requiring the submission of fingerprints with each initial departments or agencies and to make further changes as necessary to application for licensure; requiring the Division of Consumer Services to conform the Florida Statutes to the organizational changes effected by submit fingerprints of each applicant for licensure to the Florida previous acts of the Legislature. Department of Law Enforcement; requiring the Florida Department of First reading by publication (Art. III, s. 7, Florida Constitution). Law Enforcement to forward the fingerprints to the Federal Bureau of Investigation; providing an additional condition under which a Referred to the Calendar of the House. pawnbroker license may be suspended or revoked; providing that By the Committee on Rules & Calendar; Representative Arnall— specified unintentional errors in required applications, documents, or records are not subject to criminal penalties; amending s. 559.803, F.S.; HB 1055—A reviser’s bill to be entitled An act relating to the Florida revising provisions relating to required information contained in Statutes; amending ss. 121.021, 121.051, 121.052, 121.053, 121.055, disclosure statements with respect to the sale or lease of business 88 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 opportunities; amending s. 559.805, F.S.; requiring a seller of business By Representative Edwards— opportunities to file additional information with the department; reenacting s. 559.815, F.S.; providing a penalty; amending s. 559.903, HB 1073—A bill to be entitled An act relating to recreational sport F.S.; revising the definition of “motor vehicle” for the purposes of pt. IX diving; requiring the Department of Health to adopt rules establishing of ch. 559, F.S., relating to repair of motor vehicles; amending s. 559.904, maximum allowable levels for contaminants in compressed air used for recreational sport diving; providing for nonapplicability of such F.S.; requiring the department to post a specified sign at any motor standards; providing for testing of compressed air; providing for certain vehicle repair shop that has had its registration suspended or revoked notice; requiring certification of persons providing compressed air for or that has been determined to be operating without a registration; recreational sport diving for compensation; providing penalties; providing a second degree misdemeanor penalty for defacing or providing an effective date. removing such a sign, for operating without a registration, or operating with a revoked or suspended registration; authorizing the department First reading by publication (Art. III, s. 7, Florida Constitution). to impose administrative sanctions; amending s. 741.0305, F.S.; correcting a cross reference; providing an effective date. By Representative Flanagan—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 1075—A bill to be entitled An act relating to filings with the Department of State; amending s. 606.03, F.S.; providing definitions; By Representative Bronson— amending s. 606.04, F.S.; specifying purposes and use of a master business index; providing requirements for participating agencies; HB 1063—A bill to be entitled An act relating to condominiums; authorizing the department to create a directory of business activity for amending s. 718.105, F.S.; requiring the filing of a certificate attesting certain purposes; creating s. 606.06, F.S.; authorizing the department to to the payment of certain taxes with the county tax collector upon the use a uniform business report for certain purposes; amending ss. filing of condominium declarations or upon a change in ownership of the 495.071, 607.0121, 607.1622, 608.4511, 617.0121, 617.1622, and 865.09, condominium; providing an effective date. F.S.; authorizing the department to prescribe forms; providing for use of the uniform business report as a substitute for certain reporting and First reading by publication (Art. III, s. 7, Florida Constitution). renewal requirements; amending s. 620.177, F.S.; providing additional requirements for annual reports; authorizing use of the uniform By Representatives Betancourt and Merchant— business report; amending ss. 15.16, 607.0120, 607.0123, 607.0124, HB 1065—A bill to be entitled An act relating to postsecondary 607.0125, 607.0127, and 607.0141, F.S.; providing for electronic filing of education; amending s. 240.551, F.S.; providing for the transfer of documents; revising certain filing requirements; amending s. Florida Prepaid College Program benefits to certain applied technology 607.01401, F.S.; providing definitions relating to electronic filing; amending s. 339.12, F.S.; correcting a cross reference; repealing s. diploma programs and vocational certificate programs; allowing the 15.09(1)(d); repealing s. 15.091(2), F.S., relating to filing or copying fees; Florida Prepaid College Board to permit direct-support organizations repealing s. 607.1622(1)(g), (h), F.S., relating to information in required established under this section to use the property, facilities, and corporate annual reports describing intangible tax liability and personal services of the board; providing for such direct-support contributions into the Election Campaign Financing Trust Fund; organizations to invest funds with the moneys invested under the providing an effective date. Florida Prepaid College Trust Fund; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Kosmas— By Representative Fiorentino— HB 1077—A bill to be entitled An act relating to civil-law notaries; HB 1067—A bill to be entitled An act relating to the Florida amending s. 118.10, F.S.; requiring such notaries to provide a bond and Retirement System; amending s. 121.091, F.S.; increasing the disability take an oath to honestly carry out their duties; requiring that the bond retirement benefit for members of the special risk class; providing an be approved by and filed with the Secretary of State and be executed by effective date. a surety company authorized to do business in this state; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Betancourt— By Representative Fiorentino— HB 1069—A bill to be entitled An act relating to retirement; amending s. 231.495, F.S.; revising a provision of law governing HB 1079—A bill to be entitled An act relating to Department of retirement annuities purchased by a school board as a retirement Education pool purchase program; amending s. 229.79, F.S.; revising the benefit; providing for a lump-sum payout rather than an annuity under pool purchase program to include services, to permit suppliers to make certain circumstances; providing an effective date. commodities and services available to other governmental agencies and nonprofit organizations under certain contracts, and to permit multiple First reading by publication (Art. III, s. 7, Florida Constitution). suppliers under certain circumstances; providing an effective date.

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

HB 1071—A bill to be entitled An act relating to the World Bowling By Representative Goodlette— Village facility; amending s. 212.20, F.S.; providing for distribution of a portion of revenues from the tax on sales, use, and other transactions to HB 1081—A bill to be entitled An act relating to public records; such facility; creating s. 288.1171, F.S.; providing for certification of creating s. 395.3037, F.S.; providing an exemption from public records such facility by the Office of Tourism, Trade, and Economic requirements for specified identifying information relating to active or Development of the Executive Office of the Governor; providing former employees of a health care facility or rural hospital and their requirements for certification; providing for use of the funds distributed spouses and children; providing for future review and repeal; providing to the facility; requiring specified notice; providing a time limit for a finding of public necessity; providing an effective date. opening the facility; specifying when distribution of funds begins; First reading by publication (Art. III, s. 7, Florida Constitution). providing for audits by the Department of Revenue; providing for periodic recertification; abating or reducing funding under certain By Representative Johnson— circumstances; providing an effective date. HB 1083—A bill to be entitled An act relating to tax on sales, use, and First reading by publication (Art. III, s. 7, Florida Constitution). other transactions; amending s. 212.031, F.S., relating to the tax on the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 89 lease or rental of or license in real property; revising the application of an amendment to the charter section titled “Prevention of Erosion of the exemption for property leased, subleased, or rented to a person City of Pompano Beach Area,” previously codified under chapter 75-351, providing food and drink concessionaire services within certain Laws of Florida, to allow the district to perform erosion prevention premises; providing an exemption for property rented, leased, activities to the extent possible with existing district equipment and subleased, or licensed by certain facilities to a concessionaire selling littoral sands; providing that this act shall take precedence over any event-related products during an event at the facility; specifying when conflicting law to the extent of such conflict; providing an effective date. the tax on the rental, lease, or license to use certain facilities for an event shall be collected and when it is due to the Department of Proof of publication of the required notice was attached. Revenue; providing that separately stated charges by certain facilities First reading by publication (Art. III, s. 7, Florida Constitution). for services required pursuant to a lease or license to use their property are exempt from said tax; amending s. 212.04, F.S., relating to the tax By Representative Wasserman Schultz— on admissions; providing that the value of an admission does not include state or local seat surcharges, taxes, or fees, or certain ticket service HB 1093—A bill to be entitled An act relating to the Plantation Acres charges under certain conditions; providing an exemption for admission Improvement District, Broward County; amending s. 9, chapter 82-274, charges to events sponsored by certain government-owned facilities Laws of Florida; increasing the compensation that each supervisor shall under certain conditions; specifying when the tax on admissions to be entitled to receive for his or her services; providing an effective date. events at certain facilities shall be collected and when it is due to the department; providing that no tax imposed on the transactions Proof of publication of the required notice was attached. exempted by the act and not actually paid or collected prior to the First reading by publication (Art. III, s. 7, Florida Constitution). effective date of the act shall be due; providing an effective date. By Representative Wasserman Schultz— First reading by publication (Art. III, s. 7, Florida Constitution). HB 1095—A bill to be entitled An act relating to Broward County and By Representative Merchant— the South Broward Hospital District; amending chapter 24415, Laws of HB 1085—A bill to be entitled An act relating to Palm Beach County; Florida, 1947; providing that the South Broward Hospital District is not amending chapter 57-1688, Laws of Florida, relating to liens in favor of a public body or taxing authority for purposes of part III of chapter 163, operators of hospitals under certain conditions; providing that said act Florida Statutes; providing an exception with respect to community applies to any hospital in the county; providing an effective date. redevelopment agencies created before a specified date; providing an effective date. Proof of publication of the required notice was attached. Proof of publication of the required notice was attached. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Wasserman Schultz— By Representative Wasserman Schultz— HB 1087—A bill to be entitled An act relating to Broward County; providing for codification of special laws regarding special districts HB 1097—A bill to be entitled An act relating to the Town of Davie, pursuant to chapter 97-255, Laws of Florida, relating to Old Plantation Broward County; providing for the calculation of the population census Water Control District, a special tax district in Broward County; of the Town of Davie; providing an effective date. providing legislative intent, and codifying and reenacting provisions of Proof of publication of the required notice was attached. chapter 24416, Laws of Florida, 1947, chapter 25710, Laws of Florida, 1949, chapter 27425, Laws of Florida, 1951, chapter 28936, Laws of First reading by publication (Art. III, s. 7, Florida Constitution). Florida, 1953, chapter 30638, Laws of Florida, 1955, chapter 59-1146, Laws of Florida, and chapter 88-468, Laws of Florida; providing for By Representative Wasserman Schultz— applicability of chapters 298 and 189, Florida Statutes, and other general laws; providing a district charter; providing for repeal of all HB 1099—A bill to be entitled An act relating to Broward County; prior special acts related to Old Plantation Water Control District; amending chapter 96-542, Laws of Florida, which provides for providing an effective date. procedures for annexation of unincorporated areas into municipalities throughout Broward County, certain provisions of s. 171.0413, F.S., to Proof of publication of the required notice was attached. the contrary notwithstanding; amending that provision of the act which controls the effective date of annexation; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Proof of publication of the required notice was attached. By Representative Wasserman Schultz— First reading by publication (Art. III, s. 7, Florida Constitution). HB 1089—A bill to be entitled An act relating to the City of Deerfield Beach, Broward County; extending and enlarging the corporate limits By Representatives Murman, Crist, Bradley, Byrd, Hart, Henriquez, of the City of Deerfield Beach to include specified unincorporated lands Bilirakis, Alexander, Wallace, Ogles, and L. Miller— within said corporate limits; providing an effective date. HB 1101—A bill to be entitled An act relating to the City of Tampa, Proof of publication of the required notice was attached. Hillsborough County; repealing s. 4(F), chapter 23559, Laws of Florida, 1945, as amended, relating to the definition of casual laborer; amending First reading by publication (Art. III, s. 7, Florida Constitution). s. 4, chapter 23559, Laws of Florida, 1945, as amended; revising the By Representative Wasserman Schultz— definition of “temporary employee,” “continuous service,” and “average monthly salary”; repealing s. 5(C), chapter 23559, Laws of Florida, 1945, HB 1091—A bill to be entitled An act relating to the Hillsboro Inlet as amended, relating to clerical and medical examination expenses; District, Broward County; combining and codifying chapter 96-541, amending s. 5, chapter 23559, Laws of Florida, 1945, as amended; Laws of Florida, chapter 94-454, Laws of Florida, chapter 83-381, Laws providing for employer contributions to fund the costs of administering of Florida, chapter 75-351, Laws of Florida, chapter 73-422, Laws of the plan; amending s. 6, chapter 23559, Laws of Florida, 1945, as Florida, chapter 63-1178, Laws of Florida, chapter 61-1966, Laws of amended; providing for additional authorized investments; amending s. Florida, and chapter 57-1183, Laws of Florida, which created and 12, chapter 23559, Laws of Florida, 1945, as amended; revising death incorporated a special taxing district in Broward County, known as the benefits; repealing s. 13, chapter 23559, Laws of Florida, 1945, as Hillsboro Inlet and Maintenance District; repealing all prior special acts amended, relating to cost-of-living increase; and creating a new s. 13 to of the Legislature relating to the Hillsboro Inlet District; providing for provide additional cost-of-living adjustments; amending s. 18, chapter 90 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

23559, Laws of Florida, 1945, as amended; revising the time in which By Representatives Lynn and Wiles— temporary employees are required to obtain a physical examination; amending s. 20, chapter 23559, Laws of Florida, 1945, as amended; HR 9005—A resolution honoring the firefighters, law enforcement proscribing the assignment of a refund of contributions; creating s. 22, and emergency services personnel, and volunteers from within the state chapter 23559, Laws of Florida, as amended, providing for a Deferred and across the nation who assisted the State of Florida in fighting the Retirement Option Program; providing an effective date. catastrophic wildfires of 1998. First reading by publication (Art. III, s. 7, Florida Constitution). Proof of publication of the required notice was attached. By Representative Crady— First reading by publication (Art. III, s. 7, Florida Constitution). HR 9007—A resolution declaring 1999 to be the Year of the Soil By Representative Wiles— Survey Centennial. HB 1103—A bill to be entitled An act relating to Flagler County; First reading by publication (Art. III, s. 7, Florida Constitution). creating the City of Palm Coast Charter; providing a short title; providing legislative intent; providing for incorporation; providing for a By Representative Wasserman Schultz— council-manager form of government and its powers and duties; providing for a city council and its membership, including mayor and HR 9009—A resolution promoting quality child care. vice mayor, qualifications and terms of office, powers and duties, First reading by publication (Art. III, s. 7, Florida Constitution). compensation and expenses, and prescribed procedures relating to vacancies, including forfeiture of office, suspension, and recall; By Representative Bitner— providing for meetings; providing for recordkeeping; providing certain restrictions; providing for charter officers and their appointment, HR 9011—A resolution recognizing March 4, 1999, as Associations removal, and compensation, filling of vacancies, qualifications, Advance Florida Day. residency requirements, and powers and duties; establishing a fiscal First reading by publication (Art. III, s. 7, Florida Constitution). year; providing for a budget, appropriations, amendments, and limitations; providing limitations to council’s contracting authority; Referred to the Calendar of the House. providing for elections and matters relating thereto; defining boundaries of the city and its districts; providing for dissolution of Palm Additional Reference of Bills Coast Area Municipal Service District; specifying general provisions relating to charter review and amendment, adjustment of districts, and CS/HB 9 was further referred to the Committee on Judiciary and standards of conduct; providing for severability; providing for a remains referred to the Committee on Education Appropriations. The referendum, initial election of council members, transition services and references were reordered to the Committees on Judiciary and compensation, first-year expenses, specified transitional matters, and Education Appropriations. state shared and gas tax revenues; providing effective dates. First Reading of Committee Substitutes by Publication Proof of publication of the required notice was attached. By the Committee on Governmental Operations; Representatives First reading by publication (Art. III, s. 7, Florida Constitution). Posey, Goodlette, and Andrews—

By Representative Wiles— CS/HB 1—A bill to be entitled An act relating to state finances; amending s. 186.022, F.S.; requiring each state agency annual HB 1105—A bill to be entitled An act relating to the Anastasia performance report to include an assessment of performance measures Mosquito Control District, St. Johns County; codifying the district’s approved by the Legislature and established in the General charter, chapter 61-2745, Laws of Florida; eliminating obsolete Appropriations Act or implementing legislation for the General provisions pertaining to the appointment and election of the initial Appropriations Act for the previous fiscal year and a summary of all board of commissioners; eliminating the requirement that members of moneys that were expended or encumbered by the agency, or for which the board be freeholders; eliminating the requirement for petitions by the agency is otherwise responsible, during the preceding fiscal year and candidates for the office of commissioner; providing that the terms of an estimate of such moneys for the current fiscal year; providing office of the commissioners shall be staggered; amending the voting requirements for the reporting of such information; providing for a requirements for the board of commissioners; providing for the election reduction in funding for failure to submit the required state agency of commissioners and operation of the district in accordance with annual performance report; amending s. 216.0235, F.S.; requiring chapter 388, Florida Statutes (1997), as the same may be amended from instructions with respect to such information to be included in the time to time; amending the provisions on expense reimbursement for performance-based legislative program budget instructions; requiring commissioners; requiring an election for a change in boundaries of the the Florida Financial Management Information System Coordinating district; repealing ss. 3, 4, 5, and 6, of chapter 61-2745, Laws of Florida, Council to submit to the Governor and Legislature a report, with s. 3 of chapter 73-609, Laws of Florida, and chapter 80-597, Laws of recommendations, relating to the reporting of such information; Florida; providing an effective date. providing an effective date. Proof of publication of the required notice was attached. By the Committee on Education/K-12; Representatives Harrington, First reading by publication (Art. III, s. 7, Florida Constitution). Fasano, Feeney, Byrd, and Detert—

By Representative Thrasher— CS/HB 9—A bill to be entitled An act relating to patriotic programs in the school districts; creating s. 233.0655, F.S.; authorizing district HR 9001—A resolution proclaiming November 4-7, 1999, as Ham school board rules to require patriotic programs; providing program Jam Week in Clay County. requirements; requiring recitation of the pledge of allegiance; providing First reading by publication (Art. III, s. 7, Florida Constitution). an effective date.

By Representative Turnbull— By the Committee on Law Enforcement & Crime Prevention; Representatives Trovillion, Futch, Kilmer, Heyman, C. Smith, Hart, HR 9003—A resolution proclaiming March 30, 1999, “Child Nutrition Kosmas, Posey, Spratt, and Villalobos— Day” in Florida. CS/HB 11—A bill to be entitled An act relating to arrests; amending First reading by publication (Art. III, s. 7, Florida Constitution). s. 901.02, F.S., relating to issuance of arrest warrants; providing that March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 91 the court may issue a warrant for the defendant’s arrest under specified By the Committees on Governmental Operations; Judiciary; circumstances when a complaint has been filed charging the commission Representatives Futch and Warner— of a misdemeanor only and the summons issued to the defendant is returned unserved; creating s. 901.36, F.S.; prohibiting a person who CS/CS/HB 19—A bill to be entitled An act relating to skateboarding, inline skating, and freestyle bicycling; creating s. 316.0085, F.S.; has been arrested or lawfully detained by a law enforcement officer from providing legislative purpose; providing definitions; providing giving a false name or otherwise falsely identifying himself or herself to limitations on liability with respect to governmental entities and public the law enforcement officer or county jail personnel; providing penalties; employees with respect to persons who participate in skateboarding, prohibiting a person who has been arrested or lawfully detained by a law inline skating, or freestyle bicycling on property owned or leased by the enforcement officer from adversely affecting another person by giving a governmental entity; providing exceptions; providing for liability of false name belonging to another person or otherwise falsely identifying independent concessionaires or other persons or organizations for himself or herself to the law enforcement officer or county jail personnel; certain injuries or damages; providing for the assumption of certain providing penalties; permitting the adversely affected person to obtain risks; providing for the effect of certain insurance; providing an effective court orders to correct public records under specified circumstances; date. authorizing issuance of such court orders by the sentencing court; providing for restitution orders; providing an effective date. By the Committee on Education/K-12; Representatives Chestnut, Ogles, Gay, Detert, Frankel, Logan, Casey, Dennis, Brown, By the Committee on Crime & Punishment; Representative Constantine, Stafford, Fasano, Ritter, Levine, Effman, Merchant, Heyman— Warner, and Greenstein—

CS/HB 13—A bill to be entitled An act relating to restitution; CS/HB 21—A bill to be entitled An act relating to school buses; amending s. 775.089, F.S.; specifying retention of jurisdiction by county requiring that buses purchased after a specified date and used in courts to enforce restitution under certain circumstances; providing an transporting certain students be equipped with safety belts that comply effective date. with specified standards; providing an exemption for certain school buses; requiring passengers to wear safety belts; providing immunity of By the Committee on Crime & Punishment; Representatives Futch, a school district, bus operator, and others for injuries to a passenger Ball, and Fasano— caused solely because the passenger was not wearing a safety belt; CS/HB 15—A bill to be entitled An act relating to culpable negligence; providing immunity to such persons for injury caused by a passenger’s creating s. 812.030, F.S.; providing definitions; specifying the offense of dangerous or unsafe use of a safety belt; providing certain provisions for culpable negligence causing public financial injury; specifying elements implementation; providing an effective date. of the offense; providing penalties; requiring certain notice in certain By the Committee on Crime & Punishment; Representatives Ball, state contracts; specifying that failure to provide such notice does not Fasano, Constantine, Feeney, and Byrd— constitute a defense to the offense; providing for prosecuting such offenses; providing an effective date. CS/HB 23—A bill to be entitled An act relating to criminal offenses involving minors; creating the Children’s Protection Act of 1999; By the Committees on Judiciary; Crime & Punishment; amending s. 775.084, F.S., and reenacting s. 775.084(6), F.S., relating to Representatives Futch, Ball, Fasano, and Harrington— violent career criminal sentencing, to conform to the act; amending ss. CS/CS/HB 15—A bill to be entitled An act relating to culpable 787.01 and 787.02, F.S., relating to kidnapping and false imprisonment, negligence; creating s. 812.030, F.S.; providing definitions; specifying to conform to the act; amending s. 800.04, F.S.; creating the offenses of the offense of culpable negligence causing public financial injury; “lewd or lascivious battery,” “lewd or lascivious molestation,” “lewd or specifying elements of the offense; providing penalties; requiring certain lascivious conduct,” and “lewd or lascivious exhibition”; providing notice in certain state contracts; specifying that failure to provide such definitions; providing penalties; precluding consent from being raised as notice does not constitute a defense to the offense; providing for a defense if the victim is under a specified age; precluding ignorance or prosecuting such offenses; providing an effective date. belief of age from being raised as a defense; providing an exception for maternal breastfeeding; deleting provisions that define and provide By the Committees on Governmental Operations; Judiciary; Crime & penalties for “lewd, lascivious, or indecent assault or act upon or in the Punishment; Representatives Futch, Ball, Fasano, and Harrington— presence of a child”; amending s. 826.04, F.S., relating to incest; removing definition of “sexual intercourse” and defining “sexual CS/CS/CS/HB 15—A bill to be entitled An act relating to culpable activity”; redefining the offense of third degree felony incest to include negligence; creating s. 812.030, F.S.; providing definitions; specifying knowingly marrying or engaging in sexual activity with any of the the offense of culpable negligence causing public financial injury; specified relatives who is at least 18 years old; providing penalties; specifying elements of the offense; providing penalties; requiring certain defining the offense of second degree felony incest against a person notice in certain state contracts; specifying that failure to provide such under 16 years of age; providing penalties; reenacting ss. 775.15(7), notice does not constitute a defense to the offense; providing for 787.025(2)(a), 914.16, and 944.606(1)(b), F.S., relating to time prosecuting such offenses; providing an effective date. limitations, luring or enticing a child, limits on interviews, and sex offender notification upon release, to incorporate the amendments to ss. By the Committee on Judiciary; Representatives Futch and Warner— 800.04 and 826.04, F.S., in cross references; amending s. 921.0022, F.S.; CS/HB 19—A bill to be entitled An act relating to skateboarding, ranking offenses created in the act in the Criminal Punishment Code inline skating, and freestyle bicycling; creating s. 316.0085, F.S.; offense severity ranking chart; amending s. 948.03, F.S., and reenacting providing legislative purpose; providing definitions; providing s. 948.03(6), F.S., relating to terms and conditions of probation or limitations on liability with respect to governmental entities and public community control, to conform to the act; providing an effective date. employees with respect to persons who participate in skateboarding, By the Committees on Family Law & Children; Crime & Punishment; inline skating, or freestyle bicycling on property owned or leased by the Representatives Ball, Fasano, Constantine, Feeney, Byrd, and governmental entity; providing exceptions; providing for liability of Harrington— independent concessionaires or other persons or organizations for certain injuries or damages; providing for the assumption of certain CS/CS/HB 23—A bill to be entitled An act relating to criminal risks; providing for the effect of certain insurance; providing an effective offenses involving minors; creating the Children’s Protection Act of date. 1999; amending s. 775.084, F.S., and reenacting s. 775.084(6), F.S., 92 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 relating to violent career criminal sentencing, to conform to the act; definitions; providing that a person who willfully and without amending ss. 787.01 and 787.02, F.S., relating to kidnapping and false authorization uses, or possesses with intent to use, personal imprisonment, to conform to the act; amending s. 800.04, F.S.; creating identification information concerning an individual without previously the offenses of “lewd or lascivious battery,” “lewd or lascivious obtaining the individual’s consent commits either the offense of molestation,” “lewd or lascivious conduct,” and “lewd or lascivious fraudulent use of personal identification information or the offense of exhibition”; providing definitions; providing penalties; precluding harassment by use of personal identification information, depending on consent from being raised as a defense if the victim is under a specified specified circumstances; providing penalties; providing for age; precluding ignorance or belief of age from being raised as a defense; nonapplicability of the new provisions to specified law enforcement providing an exception for maternal breastfeeding; deleting provisions activities; providing for restitution, including attorney’s fees and costs, that define and provide penalties for “lewd, lascivious, or indecent to the victim; providing for prosecution by the state attorney or the assault or act upon or in the presence of a child”; reenacting ss. statewide prosecutor; reenacting s. 464.018(1)(d), F.S., relating to 775.15(7), 787.025(2)(a), 914.16, and 944.606(1)(b), F.S., relating to time disciplinary actions for violations of the Nurse Practice Act, s. limitations, luring or enticing a child, limits on interviews, and sex 772.102(1)(a), F.S., relating to definition of “criminal activity” with offender notification upon release, to incorporate the amendments to s. respect to the Civil Remedies for Criminal Practices Act, and s. 800.04, F.S., in cross references; amending s. 921.0022, F.S.; ranking 895.02(1)(a), F.S., relating to definition of “racketeering activity,” to offenses created in the act in the Criminal Punishment Code offense provide for incorporation of said new section in references to ch. 817, severity ranking chart; amending s. 948.03, F.S., and reenacting s. F.S.; providing an effective date. 948.03(6), F.S., relating to terms and conditions of probation or community control, to conform to the act; amending ss. 119.07, 947.146, By the Committee on Financial Services; Representatives Flanagan, 985.03, 985.227, and 985.313, F.S.; revising a description of certain lewd Crow, Wallace, Bainter, Goode, Bitner, Turnbull, and Fasano— or lascivious offenses for certain purposes; providing an effective date. CS/HB 77—A bill to be entitled An act relating to state financial By the Committee on Health Care Licensing & Regulation; matters; amending s. 17.05, F.S.; specifying certain powers of the Representatives Ball and Harrington— Comptroller and the Department of Banking and Finance; providing requirements; specifying procedures, rights, and requirements for CS/HB 35—A bill to be entitled An act relating to orthotics, enforcing compliance with certain subpoenas; providing for assessing prosthetics, and pedorthics; extending the deadline for a person who has certain costs under certain circumstances; amending s. 17.076, F.S.; practiced orthotics, prosthetics, or pedorthics for the required period to providing for payment of retirement benefits by direct deposit; apply for licensure, based on the person’s experience and educational amending s. 20.12, F.S.; specifying purposes and duties of the preparation, without meeting the educational requirements set forth in Comptroller; deleting divisions of the department; creating the Office of statute; providing an effective date. Financial Investigations; specifying the function of the office; providing By the Committee on Law Enforcement & Crime Prevention; for a separate budget for the office; amending s. 20.04, F.S.; providing Representatives Ball, Fasano, Feeney, Byrd, and Harrington— an exception to the required state government structure for the Department of Banking and Finance; providing for future repeal of CS/HB 37—A bill to be entitled An act relating to guidelines for fair certain provisions; amending s. 110.1165, F.S.; deleting a reference for treatment of victims and witnesses in the justice system; amending s. purposes of specifying a statute of limitations for certain purposes; 960.001, F.S.; allowing specified state agencies to participate in crime specifying a time limit for filing actions to recover certain compensation; prevention, public awareness, and educational activities; providing for providing application; amending s. 112.061, F.S.; providing for use of funds appropriated for such activities; providing an effective date. designees of agency heads to perform specified functions; relating to per diem and travel expenses; amending s. 215.422, F.S.; deleting certain By the Committee on Corrections; Representatives Harrington, requirements relating to vendors and state purchasing agreements and Fasano, Feeney, Byrd, and Dockery— warrants; correcting an accounting subsystem reference; amending s. CS/HB 45—A bill to be entitled An act relating to correctional 216.011, F.S.; revising a definition; amending s. 216.102, F.S.; revising facilities; creating s. 784.078, F.S.; defining “facility” and “employee”; duties of the Comptroller relating to preparing and publishing certain defining the offense of battery of facility employee by throwing, tossing, financial information; requiring the Comptroller to prepare and publish or expelling certain fluids or materials on an employee of a correctional a Comprehensive Annual Financial Report; correcting an accounting facility of the state or local government or a secure facility operated and subsystem reference; amending s. 273.02, F.S.; revising a definition; maintained by the Department of Corrections or the Department of amending s. 287.058, F.S.; specifying as public records certain Juvenile Justice or other facility employee, so as to cause or attempt to documents and materials relating to contracts for services; specifying an cause such employee to come into contact with the fluid or material; additional requirement for certain written agreements for procurement providing penalties; amending s. 921.0022, F.S.; providing for ranking of contractual services by the state; amending ss. 17.11, 215.3206, the offense of battery of a facility employee for purposes of the Criminal 215.3208, 216.183, 216.212, 216.237, 280.08, 288.778, 494.0011, Punishment Code offense severity ranking chart; amending s. 945.35, 494.0017, 494.0041, 494.00421, 494.0061, 494.0062, 494.0072, 497.407, F.S.; providing an educational requirement for correctional facility 497.435, 516.03, 520.998, 655.90, and 655.942, F.S., to conform; inmates on communicable diseases; providing, upon the request of a providing an effective date. correctional officer or other employee or any unincarcerated person By the Committees on Governmental Operations; Financial Services; lawfully present in a correctional facility, for testing of such persons and Representatives Flanagan, Crow, Wallace, Bainter, Goode, Bitner, any inmate who may have transmitted a communicable disease to such Turnbull, and Fasano— persons; providing for results to be communicated to affected parties; providing for access to health care; providing that test results are CS/CS/HB 77—A bill to be entitled An act relating to state financial inadmissible in court cases; requiring the department to promulgate matters; amending s. 17.05, F.S.; specifying certain powers of the rules; providing an effective date. Comptroller and the Department of Banking and Finance; providing By the Committee on Crime & Punishment; Representatives requirements; specifying procedures, rights, and requirements for Trovillion, Ball, Alexander, Hart, Posey, Constantine, Heyman, and enforcing compliance with certain subpoenas; providing for assessing Byrd— certain costs under certain circumstances; amending s. 17.076, F.S.; providing for payment of retirement benefits by direct deposit; CS/HB 49—A bill to be entitled An act relating to criminal use of amending s. 20.12, F.S.; specifying purposes and duties of the personal identification information; creating s. 817.568, F.S.; providing Comptroller; deleting divisions of the department; creating the Office of March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 93

Financial Investigations; specifying the function of the office; providing responsibilities in response to a challenge to a proposed rule and for a separate budget for the office; amending s. 20.04, F.S.; providing specifying the petitioner’s responsibility of going forward; amending s. an exception to the required state government structure for the 120.57, F.S., relating to hearings involving disputed issues of material Department of Banking and Finance; providing for future repeal of fact; revising an agency’s authority with respect to rejection or certain provisions; amending s. 110.1165, F.S.; deleting a reference for modification of conclusions of law in its final order; amending s. 120.68, purposes of specifying a statute of limitations for certain purposes; F.S., relating to judicial review; providing a directive with respect to specifying a time limit for filing actions to recover certain compensation; consideration by the court of an agency’s construction of a statute or providing application; amending s. 112.061, F.S.; providing for rule; providing an effective date. designees of agency heads to perform specified functions; relating to per diem and travel expenses; amending s. 215.422, F.S.; deleting certain By the Committee on Crime & Punishment; Representatives Crist, requirements relating to vendors and state purchasing agreements and Ball, Feeney, Andrews, Futch, Crady, Trovillion, Merchant, Maygarden, warrants; correcting an accounting subsystem reference; amending s. Kyle, Thrasher, Goodlette, Ogles, Jones, Cantens, Villalobos, Logan, 216.011, F.S.; revising a definition; amending s. 216.102, F.S.; revising Flanagan, Brown, Fasano, and Lynn— duties of the Comptroller relating to preparing and publishing certain CS/HB 113—A bill to be entitled An act relating to punishment of financial information; requiring the Comptroller to prepare and publish felons; amending s. 775.087, F.S., relating to felony reclassification and a Comprehensive Annual Financial Report; correcting an accounting minimum sentence and other penalties for offenders who committed subsystem reference; amending s. 273.02, F.S.; revising a definition; aggravated battery or committed certain acts involving a weapon, amending ss. 17.11, 215.3206, 215.3208, 216.183, 216.212, 216.237, firearm, or destructive device during the commission of a felony; 280.08, 288.778, 494.0011, 494.0017, 494.0041, 494.00421, 494.0061, conforming terminology to changes made by the act; increasing from 3 494.0062, 494.0072, 497.407, 497.435, 516.03, 520.998, 655.90, and to 10 years the minimum prison term for certain felonies or attempted 655.942, F.S., to conform; providing compatibility with s. 216.351, F.S.; felonies under specified circumstances when the offender possessed a providing an effective date. firearm or destructive device during the commission of the offense or By the Committee on Real Property & Probate; Representative flight therefrom; providing exceptions; revising the category of such Starks— offenses to include murder, sexual battery, robbery, burglary, arson, aggravated assault or aggravated battery, kidnapping, escape, aircraft CS/HB 93—A bill to be entitled An act relating to title insurance piracy, aggravated child abuse, aggravated abuse of an elderly person or reserve; amending s. 625.111, F.S.; specifying the components of disabled adult, unlawful throwing, placing, or discharging of a unearned premium reserve for certain financial statements; providing destructive device or bomb, carjacking, home-invasion robbery, a formula for releasing unearned premium reserve over a period of aggravated stalking, and trafficking in cannabis, trafficking in cocaine, years; providing an effective date. capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital By the Committee on Regulated Services; Representatives Cosgrove importation of phencyclidine, trafficking in methaqualone, capital and Sorensen— importation of methaqualone, trafficking in amphetamine, capital CS/HB 95—A bill to be entitled An act relating to alcoholic beverage importation of amphetamine, trafficking in flunitrazepam, or other licenses; amending s. 561.01, F.S.; defining the term “historic specified violation of s. 893.135(1), F.S.; providing for imposition of a 20- structures”; amending s. 561.20, F.S.; providing for the issuance of year minimum term of imprisonment when, in addition to such special alcoholic beverage licenses to certain hotels and motels with no circumstances, the firearm or destructive device was discharged while fewer than 10 and no more than 25 guest rooms in municipalities which the person was carrying, displaying, using, or threatening or attempting are within a specified population range; providing an effective date. to use the firearm or destructive device; providing for imposition of a minimum term of imprisonment of not less than 25 years and not more By the Committee on Judiciary; Representatives Fasano and than a term of imprisonment of life in prison when, in further addition Harrington— to such circumstances, the discharging of the firearm or destructive device resulted in infliction of death or great bodily harm upon any CS/HB 103—A bill to be entitled An act relating to husband and wife; person; providing for construction; providing legislative intent with creating s. 741.2105, F.S.; prohibiting marriages between persons when respect to punishment of offenders who possess, carry, display, use, or one of the persons is under a sentence of death; authorizing the threaten or attempt to use firearms or destructive devices; providing Department of Corrections to make certain rules; providing an imposition of the minimum term of imprisonment consecutive to any exception; providing an effective date. other term of imprisonment imposed; providing that the minimum term By the Committee on Governmental Rules & Regulations; of imprisonment imposed is authorized by law regardless of the Representatives Pruitt, Wallace, Posey, Byrd, and Argenziano— maximum sentence that may be imposed for the underlying felony; increasing from 8 to 15 years the minimum prison term for certain CS/HB 107—A bill to be entitled An act relating to the felonies or attempted felonies under specified circumstances when, Administrative Procedure Act; amending s. 120.52, F.S.; removing during the commission of the offense, the offender possessed a entities described in ch. 298, F.S., relating to water control districts, semiautomatic firearm and its high-capacity detachable box magazine from the definition of “agency”; providing additional restrictions with or a machine gun; providing for the category of such offenses to include respect to an agency’s rulemaking authority; amending s. 120.536, F.S.; murder, sexual battery, robbery, burglary, arson, aggravated assault, providing additional restrictions with respect to an agency’s rulemaking aggravated battery, kidnapping, escape, aircraft piracy, aggravated authority; requiring agencies to provide the Administrative Procedures child abuse, aggravated abuse of an elderly person or disabled adult, Committee with a list of existing rules which exceed such rulemaking unlawful throwing, placing, or discharging of a destructive device or authority and providing for legislative consideration of such rules; bomb, carjacking, home-invasion robbery, aggravated stalking, and requiring agencies to initiate proceedings to repeal such rules for which trafficking in cannabis, trafficking in cocaine, capital importation of authorizing legislation is not adopted; requiring a report to the cocaine, trafficking in illegal drugs, capital importation of illegal drugs, Legislature; providing that the committee or a substantially affected trafficking in phencyclidine, capital importation of phencyclidine, person may petition for repeal of such rules after a specified date; trafficking in methaqualone, capital importation of methaqualone, restricting challenge of such rules before that date; amending s. 120.54, trafficking in amphetamine, capital importation of amphetamine, F.S.; specifying when rules may take effect; restricting adoption of trafficking in flunitrazepam, or other specified violation of s. 893.135(1); retroactive rules; amending s. 120.56, F.S.; revising an agency’s providing for imposition of a 20-year minimum term of imprisonment 94 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 when, in addition to such circumstances, the semiautomatic firearm and of imprisonment imposed is authorized by law regardless of the its high-capacity detachable box magazine or a machine gun was maximum sentence that may be imposed for the underlying felony; discharged while the person was carrying, displaying, using, or increasing from 8 to 15 years the minimum prison term for certain threatening or attempting to use the semiautomatic firearm and its felonies or attempted felonies under specified circumstances when, high-capacity detachable box magazine or a machine gun; providing for during the commission of the offense, the offender possessed a imposition of a minimum term of imprisonment of not less than 25 years semiautomatic firearm and its high-capacity detachable box magazine and not more than a term of imprisonment of life in prison when, in or a machine gun; providing for the category of such offenses to include further addition to such circumstances, the discharging of the murder, sexual battery, robbery, burglary, arson, aggravated assault, semiautomatic firearm and its high-capacity detachable box magazine aggravated battery, kidnapping, escape, aircraft piracy, aggravated or a machine gun resulted in infliction of death or great bodily harm child abuse, aggravated abuse of an elderly person or disabled adult, upon any person; providing for construction; providing legislative intent unlawful throwing, placing, or discharging of a destructive device or with respect to punishment of offenders who possess, carry, display, use, bomb, carjacking, home-invasion robbery, aggravated stalking, and or threaten or attempt to use a semiautomatic firearm and its high- trafficking in cannabis, trafficking in cocaine, capital importation of capacity detachable box magazine or a machine gun; providing for cocaine, trafficking in illegal drugs, capital importation of illegal drugs, imposition of the minimum term of imprisonment consecutive to any trafficking in phencyclidine, capital importation of phencyclidine, other term of imprisonment imposed; providing that the minimum term trafficking in methaqualone, capital importation of methaqualone, of imprisonment imposed is authorized by law regardless of the trafficking in amphetamine, capital importation of amphetamine, maximum sentence that may be imposed for the underlying felony; trafficking in flunitrazepam, or other specified violation of s. 893.135(1); providing for legislative policy and intent; providing for a report; providing for imposition of a 20-year minimum term of imprisonment reenacting s. 921.0022(2), F.S., relating to the Criminal Punishment when, in addition to such circumstances, the semiautomatic firearm and Code offense severity ranking chart, s. 921.0024(1)(b), F.S., relating to its high-capacity detachable box magazine or a machine gun was Florida Criminal Punishment Code worksheet computations and key, discharged while the person was carrying, displaying, using, or and s. 947.146(3)(b), F.S., relating to Control Release Authority, to threatening or attempting to use the semiautomatic firearm and its incorporate said amendment in references; providing for public service high-capacity detachable box magazine or a machine gun; providing for announcements with respect to the penalties provided in the act; imposition of a minimum term of imprisonment of not less than 25 years providing an effective date. and not more than a term of imprisonment of life in prison when, in further addition to such circumstances, the discharging of the By the Committees on Corrections; Crime & Punishment; semiautomatic firearm and its high-capacity detachable box magazine Representatives Crist, Ball, Feeney, Andrews, Futch, Crady, Trovillion, or a machine gun resulted in infliction of death or great bodily harm Merchant, Maygarden, Kyle, Thrasher, Goodlette, Ogles, Jones, upon any person; providing for construction; providing legislative intent Cantens, Villalobos, Logan, Flanagan, Brown, Fasano, Lynn, Heyman, with respect to punishment of offenders who possess, carry, display, use, Byrd, and Casey— or threaten or attempt to use a semiautomatic firearm and its high- CS/CS/HB 113—A bill to be entitled An act relating to punishment capacity detachable box magazine or a machine gun; providing for of felons; amending s. 775.087, F.S., relating to felony reclassification imposition of the minimum term of imprisonment consecutive to any and minimum sentence and other penalties for offenders who committed other term of imprisonment imposed; providing that the minimum term aggravated battery or committed certain acts involving a weapon, of imprisonment imposed is authorized by law regardless of the firearm, or destructive device during the commission of a felony; maximum sentence that may be imposed for the underlying felony; conforming terminology to changes made by the act; increasing from 3 providing for legislative policy and intent; providing for a report; to 10 years the minimum prison term for certain felonies or attempted requiring the state attorney to explain mandatory sentence deviations felonies under specified circumstances when the offender possessed a in writing; requiring state attorneys to submit such writings to its firearm or destructive device during the commission of the offense or association where it must remain available to the public for at least 10 flight therefrom; providing exceptions; revising the category of such years; reenacting s. 921.0022(2), F.S., relating to the Criminal offenses to include murder, sexual battery, robbery, burglary, arson, Punishment Code offense severity ranking chart, s. 921.0024(1)(b), F.S., aggravated assault or aggravated battery, kidnapping, escape, aircraft relating to Florida Criminal Punishment Code worksheet computations piracy, aggravated child abuse, aggravated abuse of an elderly person or and key, and s. 947.146(3)(b), F.S., relating to Control Release disabled adult, unlawful throwing, placing, or discharging of a Authority, to incorporate said amendment in references; providing for destructive device or bomb, carjacking, home-invasion robbery, public service announcements with respect to the penalties provided in aggravated stalking, and trafficking in cannabis, trafficking in cocaine, the act; providing an effective date. capital importation of cocaine, trafficking in illegal drugs, capital By the Committee on Corrections; Representatives Crist, Fasano, importation of illegal drugs, trafficking in phencyclidine, capital Byrd, Trovillion, Ball, and Posey— importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital CS/HB 121—A bill to be entitled An act relating to sentencing; importation of amphetamine, trafficking in flunitrazepam, or other creating the “Three-Strike Violent Felony Offender Act”; amending s. specified violation of s. 893.135(1), F.S.; providing for imposition of a 20- 775.082, F.S.; redefining the term “prison releasee reoffender”; revising year minimum term of imprisonment when, in addition to such legislative intent; amending s. 775.084, F.S., relating to sentencing of circumstances, the firearm or destructive device was discharged while habitual felony offenders, habitual violent felony offenders, and violent the person was carrying, displaying, using, or threatening or attempting career criminals; redefining the terms “habitual felony offender” and to use the firearm or destructive device; providing for imposition of a “habitual violent felony offender”; revising the alternative time periods minimum term of imprisonment of not less than 25 years and not more within which the habitual felony offender or habitual violent felony than a term of imprisonment of life in prison when, in further addition offender could have committed the felony to be sentenced; providing that to such circumstances, the discharging of the firearm or destructive the felony to be sentenced could have been committed either while the device resulted in infliction of death or great bodily harm upon any defendant was serving a prison sentence or other sentence, or within 5 person; providing for construction; providing legislative intent with years of the defendant’s release from a prison sentence, probation, respect to punishment of offenders who possess, carry, display, use, or community control, or other sentence, under specified circumstances threaten or attempt to use firearms or destructive devices; providing when the sentence was imposed as a result of a prior conviction for a imposition of the minimum term of imprisonment consecutive to any felony, enumerated felony, or other qualified offense; removing certain other term of imprisonment imposed; providing that the minimum term references to “commitment” and otherwise conforming terminology; March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 95 revising criteria for a prior conviction or a prior felony for purposes of conviction of trafficking in specified quantities of cannabis, cocaine, sentencing as a habitual felony offender, habitual violent offender, or illegal drugs, phencyclidine, methaqualone, amphetamine, or violent career criminal; providing that the placing of a person on flunitrazepam is not eligible for statutory gain-time or other form of probation without an adjudication of guilt shall be treated as a prior early release prior to serving the minimum sentence; providing conviction regardless of when the subsequent offense was committed; exceptions; providing penalties; reenacting s. 397.451(7), F.S., relating removing certain requirements that, in order to be counted as a prior to the prohibition against dissemination of state funds to service felony, the felony must have resulted in prior conviction sentenced providers convicted of certain offenses, s. 782.04(4)(a), F.S., relating to separately from any other felony conviction counted as a prior felony; murder, s. 893.1351(1), F.S., relating to lease or rent for the purpose of defining “three-time violent felony offender”; providing a category of trafficking in a controlled substance, s. 903.133, F.S., relating to the enumerated felony offenses within the definition, including arson, prohibition against bail on appeal for certain felony convictions, s. sexual battery, robbery, kidnapping, aggravated child abuse, 907.041(4)(b), F.S., relating to pretrial detention and release, s. aggravated abuse of an elderly person or disabled adult, aggravated 921.0022(3)(g), (h), and (i), F.S., relating to the Criminal Punishment assault, murder, manslaughter, aggravated manslaughter of an elderly Code offense severity ranking chart, s. 921.0024(1)(b), F.S., relating to person or disabled adult, aggravated manslaughter of a child, unlawful the Criminal Punishment Code worksheet computations and throwing, placing, or discharging of a destructive device or bomb, armed scoresheets, s. 921.142(2), F.S., relating to sentencing for capital drug burglary, aggravated battery, aggravated stalking, or certain qualified trafficking felonies, s. 943.0585, F.S., relating to court-ordered offenses; requiring the court to sentence a defendant as a three-time expunction of criminal history records, and s. 943.059, F.S., relating to violent felony offender and impose certain mandatory minimum terms court-ordered sealing of criminal history records, to incorporate said of imprisonment under specified circumstances when the defendant is amendment in references; amending s. 943.0535, F.S., relating to aliens to be sentenced for committing, or conspiring or attempting to commit, and criminal records; requiring clerk of the courts to furnish criminal any of the enumerated felony offenses and the defendant has previously records to United States immigration officers; requiring state attorney been convicted of committing, or conspiring or attempting to commit, to assist clerk of the courts in determining which defendants are aliens; any two of the enumerated felony offenses; providing penalties; requiring the Governor to place public service announcements providing procedures and criteria for court determination if the explaining the provisions of this act; providing an effective date. defendant is a three-time violent felony offender; providing for sentencing as a three-time violent felony offender; providing mandatory By the Committee on Financial Services; Representatives Goodlette, term of imprisonment for life when the three-time violent felony offense Fasano, and Byrd— for which the defendant is to be sentenced is a felony punishable by life; CS/HB 133—A bill to be entitled An act relating to corporations; providing mandatory prison term of 30 years when the three-time amending s. 607.0722, F.S.; providing alternative methods for violent felony offense is a first degree felony; providing mandatory prison term of 15 years when the three-time violent felony offense is a appointing proxies by shareholders; amending s. 607.11045, F.S.; second degree felony; providing mandatory prison term of 5 years when clarifying provisions relating to the conversion of shares in certain the three-time violent felony offense is a third degree felony; providing internal mergers of corporations; providing an effective date. for construction; providing that certain sentences imposed before July 1, By the Committee on Crime & Punishment; Representatives Fasano, 1999, are not subject to s. 921.002, F.S., relating to the Criminal Ball, and Fiorentino— Punishment Code; requiring a three-time violent felony offender to serve 100 percent of the court-imposed sentence; providing for CS/HB 183—A bill to be entitled An act relating to sexual battery; ineligibility of a three-time violent felony offender for parole, control amending s. 775.085, F.S.; reclassifying penalties relating to offenses release, or early release; amending ss. 784.07 and 784.08, F.S.; evidencing prejudice; amending s. 794.023, F.S.; reclassifying penalties providing minimum terms of imprisonment for persons convicted of for offenses involving multiple perpetrators of sexual battery; providing aggravated assault or aggravated battery of a law enforcement officer or an effective date. a person 65 years of age or older; amending s. 790.235, F.S., relating to prohibitions against, and penalties for, unlawful possession or other By the Committee on Governmental Operations; Representatives unlawful acts involving firearm, electric weapon or device, or concealed Lawson and Morroni— weapon by a violent career criminal; conforming cross references to CS/HB 191—A bill to be entitled An act relating to the naming of changes made by the act; creating s. 794.0115, F.S.; defining “repeat state buildings and other facilities; amending s. 267.062, F.S.; sexual batterer”; providing within the definition a category of prohibiting the naming of any state building, road, bridge, park, enumerated felony offenses in violation of s. 794.011, F.S., relating to recreational complex, or other similar facility for any elected public sexual battery; requiring the court to sentence a defendant as a repeat official in office or any other living person; requiring notice; providing an sexual batterer and impose a 10-year mandatory minimum term of effective date. imprisonment under specified circumstances when the defendant is to be sentenced for committing, or conspiring or attempting to commit, any By the Committee on Family Law & Children; Representatives Byrd, of the enumerated felony violations of s. 794.011, F.S., and the Roberts, and Murman— defendant has previously been convicted of committing, or conspiring or attempting to commit, any one of certain enumerated felony offenses CS/HB 197—A bill to be entitled An act relating to adoption; involving sexual battery; providing penalties; providing procedures and amending ss. 39.703, 39.802, 39.806, and 39.811, F.S., relating to the criteria for court determination if the defendant is a repeat sexual petition and grounds for terminating parental rights and powers of batterer; providing for sentencing as a repeat sexual batterer; providing disposition; removing provisions authorizing licensed child-placing for construction; amending s. 794.011, F.S., to conform references to agencies to file actions to terminate parental rights; amending s. 39.812, changes made by the act; amending s. 893.135, F.S.; redefining the F.S.; providing additional requirements for a petition for adoption; offense of trafficking in cannabis to include unlawful sale, purchase, prohibiting filing such petition until the order terminating parental manufacture, delivery, bringing into the state, or possession of cannabis rights is final; amending s. 63.022, F.S.; revising legislative intent with in excess of 25 pounds or 300 cannabis plants; providing mandatory respect to adoptions; amending s. 63.032, F.S.; revising definitions; minimum prison terms and mandatory fine amounts for trafficking in defining “adoption entity”; creating s. 63.037, F.S.; exempting adoption specified quantities of cannabis, cocaine, or illegal drugs; providing for proceedings that result from a termination of parental rights under ch. sentencing pursuant to the Criminal Punishment Code of offenders 39, F.S., from certain provisions of ch. 63, F.S.; creating s. 63.038, F.S.; convicted of trafficking in specified quantities of cannabis; providing providing criminal penalties for committing certain fraudulent acts; that an offender who is sentenced to a mandatory minimum term upon creating s. 63.039, F.S.; providing duty of an adoption entity to 96 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 prospective adoptive parents; providing sanctions and an award of By the Committee on Community Affairs; Representatives Johnson, attorney’s fees under certain circumstances; amending s. 63.0425, F.S.; Wiles, Byrd, Bense, and Patterson— conforming provisions relating to grandparent’s right to adopt; amending s. 63.052, F.S.; providing for placement of a minor pending CS/HB 231—A bill to be entitled An act relating to local government adoption; specifying the jurisdiction of the court over a minor who has financial matters; amending s. 129.06, F.S.; extending the time period been placed for adoption; amending s. 63.062, F.S.; specifying additional during which a board of county commissioners may amend a budget; persons who must consent to an adoption, execute an affidavit of authorizing budget amendments to account for decreased ad valorem nonpaternity, or receive notice of proceedings to terminate parental tax receipts due to natural disasters; authorizing transfers between rights; providing for notice of the right to select a witness; permitting an funds to account for such decrease; creating s. 196.296, F.S.; providing affidavit of nonpaternity under certain circumstances; amending s. for abatement or refund of ad valorem taxes upon destruction or damage 63.082, F.S.; revising requirements for executing a consent to an to residential houses as a result of natural disasters; providing adoption; providing time periods and requirements for withdrawing definitions; providing procedures and requirements; providing consent; providing additional disclosure requirements; amending s. conditions under which such abatement or refund does not apply; 63.085, F.S.; specifying information that must be disclosed to persons providing for retroactive application; providing an effective date. seeking to adopt a minor and to the parents; creating s. 63.087, F.S.; By the Committee on Governmental Operations; Representatives requiring that a separate proceeding be conducted by the court to Trovillion, Fasano, Posey, Sublette, Jones, and Ball— determine whether a parent’s parental rights should be terminated; providing for rules, jurisdiction, and venue for such proceedings; CS/HB 243—A bill to be entitled An act relating to public property providing requirements for the petition and hearing; creating s. 63.088, and publicly owned buildings; amending s. 255.05, F.S.; specifying F.S.; providing requirements for identifying and locating a person who conditions under which suits may be brought by and against a public is required to consent to an adoption or receive notice of proceedings to authority with respect to specified public works projects; providing for terminate parental rights; providing notice requirements; providing rights, obligations, remedies, and defenses of the public authority and requirements for conducting a diligent search for such person whose the contractor; excluding specified basis of liability; providing for location is unknown; requiring that an unlocated or unidentified person construction of the act; providing an effective date. be served notice by constructive service; providing that failure to respond or appear constitutes grounds to terminate parental rights By the Committee on Corrections; Representatives Trovillion, Crady, pending adoption; creating s. 63.089, F.S.; providing procedures for the and Melvin— proceeding to terminate parental rights pending adoption; specifying CS/HB 253—A bill to be entitled An act relating to county and the matters to be determined; specifying grounds upon which parental municipal jails; amending s. 951.21, F.S.; providing that the gain-time rights may be terminated; providing for procedures following a awarded to county prisoners by the board of county commissioners is judgment; providing for records to be made part of the subsequent optional; deleting a provision requiring that the allowances awarded to adoption; amending s. 63.092, F.S.; providing requirements to be met if county prisoners for good behavior be awarded according to the policy of a prospective placement in an adoptive home is an at-risk placement; the Department of Corrections for such awards for state prisoners; amending s. 63.097, F.S.; revising requirements for the court in amending s. 951.23, F.S.; providing that it is a second degree approving specified fees and costs; amending s. 63.102, F.S.; revising misdemeanor for a prisoner to knowingly and willfully refuse to obey requirements for filing a petition for adoption; providing requirements certain rules governing prisoner conduct; providing an effective date. for prior approval of fees and costs; amending s. 63.112, F.S.; revising requirements for the information that must be included in a petition for By the Committee on Education Innovation; Representatives Warner, adoption; amending s. 63.122, F.S.; revising the time requirements for Lynn, Murman, Chestnut, Melvin, Logan, Patterson, Alexander, Bush, hearing a petition for adoption; amending s. 63.125, F.S.; conforming Bullard, Cantens, and Byrd— provisions relating to the final home investigation; amending s. 63.132, F.S.; revising requirements for the report of expenditures and receipts CS/HB 259—A bill to be entitled An act relating to school readiness; which is filed with the court; amending s. 63.142, F.S.; specifying creating s. 411.01, F.S.; providing legislative intent; providing circumstances under which a judgment terminating parental rights definitions; creating the State School Readiness Governing Board; pending adoption is voidable; providing for an evidentiary hearing to providing membership requirements, meeting requirements, public determine the minor’s placement following a motion to void such a records requirements, and responsibilities and duties of the governing judgment; amending s. 63.152, F.S.; requiring that the clerk of the court board; authorizing the governing board to adopt rules; providing mail a copy of a new birth record to the state registry of adoption eligibility requirements for the school readiness program; requiring information; amending s. 63.162, F.S.; conforming provisions relating to performance standards and outcome measures developed and approved confidential records of adoption proceedings; amending s. 63.165, F.S.; by the governing board to meet certain guidelines; providing for the requiring that a copy of the certified statement of final decree of establishment of a school readiness coalition in each county; providing adoption be included in the state registry of adoption information; membership of the coalitions; providing for implementation and requiring that the Department of Children and Family Services phasing-in of the school readiness program; requiring the development maintain such information for a specified period; amending s. 63.182, of a plan; providing for exceptions to law; providing for coalition F.S.; requiring that an action to vacate an order of adoption or an order initiation grants; providing incentive bonuses; providing for the funding terminating parental rights pending adoption be filed within a specified of the school readiness program; requiring each coalition to develop a period after entry of the order; amending s. 63.202, F.S.; conforming reimbursement rate schedule for all programs funded by the coalition; provisions relating to agencies authorized to place minors for adoption; providing requirements for school readiness agents; providing for amending s. 63.207, F.S.; revising provisions that limit the placement of parental choice with respect to child care arrangements and payments; a minor in another state for adoption; amending s. 63.212, F.S.; revising requiring the governing board to adopt an electronic funds transfer provisions relating to prohibitions and penalties with respect to system; requiring the Office of Program Policy Analysis and adoptions; amending s. 63.219, F.S.; conforming provisions relating to Government Accountability to provide consultation and assess sanctions; amending s. 63.301, F.S.; revising membership of an advisory outcomes; requiring each coalition to conduct an annual evaluation and council on adoption; amending ss. 39.01, 984.03, and 985.03, F.S.; submit a report to the governing board and requiring an annual report correcting cross references; repealing s. 63.072, F.S., relating to persons by the governing board that includes coalition report information; who may waive required consent to an adoption; requiring that a creating s. 229.567, F.S.; requiring the Department of Education to petition for adoption be governed by the law in effect at the time the require use by the school districts of a school readiness screening system petition is filed; providing an effective date. adopted by the governing board; amending s. 216.136, F.S.; creating the March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 97

School Readiness Program Estimating Conference; requiring the By the Committee on Judiciary; Representative Ritter— conference to develop information relating to school readiness programs; specifying the principals of the conference; amending s. 236.013, F.S.; CS/HB 361—A bill to be entitled An act relating to partnership filings deleting half-day kindergarten and prekindergarten disabilities administered by the Department of State; amending s. 620.8101, F.S.; programs from the FEFP; amending s. 414.026, F.S.; adding the chair defining the terms “foreign limited liability partnership” and “limited of the State School Readiness Governing Board to the WAGES Program liability partnership” and redefining the term “statement”; amending ss. State Board of Directors; amending s. 624.91, F.S.; requiring the Florida 620.8103, 620.8105, 620.81055, 620.8106, 620.8201, 620.8303, 620.8304, Healthy Kids Corporation to work cooperatively with the State School 620.8306, 620.8307, 620.8701, 620.8702, 620.8703, 620.8704, 620.8801, Readiness Governing Board; authorizing the Governor to transfer 620.8805, 620.8806, 620.8807, 620.8903, 620.8904, 620.8906, and funds; authorizing the State School Readiness Governing Board to make 620.8907, F.S.; conforming statutory cross references; providing for staffing recommendations; providing an effective date. registration requirements; providing document filing fees; providing for governing law; providing for partners’ liability; providing for actions for By the Committee on Real Property & Probate; Representative and against partners; providing for purchase of dissociated interests; Villalobos— providing for settlement and contribution; providing for conversions; providing for the effect of merger; creating ss. 620.9001, 620.9002, CS/HB 291—A bill to be entitled An act relating to homestead 620.9003, 620.9101, 620.9102, 620.9103, 620.9104, 620.9105, and exemption; creating s. 196.075, F.S.; authorizing boards of county 620.187, F.S.; adopting the model act provisions of the limited liability commissioners and municipal governing authorities to grant by partnership act into the Revised Uniform Partnership Act of 1995; ordinance an additional homestead exemption for persons 65 and older providing for statement of qualification, name, annual report, statement whose household income does not exceed a specified amount; providing of foreign qualification, effect of failure to qualify, activities not definitions; providing for annual adjustment of the income limitation; constituting transacting business, action by Attorney General, and providing requirements for such ordinances; requiring certain limited liability limited partnerships; amending s. 865.09, F.S.; documentation of income; providing application when title is held jointly providing for conditions for exemption from fictitious name registration; with right of survivorship; providing an effective date. providing for the use of corporate names; providing for continuation of By the Committee on Real Property & Probate; Representatives status of certain registered limited liability partnerships; redesignating Goodlette, Byrd, and Cosgrove— s. 620.90, F.S., as s. 620.9901, F.S., relating to applicability; redesignating s. 620.91, F.S., as s. 620.9902, F.S., relating to a saving CS/HB 301—A bill to be entitled An act relating to probate; amending clause; repealing ss. 620.78, 620.781, 620.782, 620.783, 620.784, s. 732.201, F.S.; revising language with respect to the right to elective 620.7851, 620.786, 620.787, 620.788, 620.7885, 620.7887, and 620.789, share; creating s. 732.2025, F.S.; providing definitions; creating s. F.S., relating to registered limited liability partnerships; providing an 732.2035, F.S.; providing for property entering into the elective estate; effective date. creating s. 732.2045, F.S.; providing for exclusions and overlapping application; amending s. 732.205, F.S.; providing for the valuation of the Reports of Councils and Standing Committees elective estate; amending s. 732.206, F.S.; providing for the elective share amount; amending s. 732.207, F.S.; providing for the sources from Council Reports which the elective share is payable; providing for abatement; amending The Honorable Joseph Arnall, Chair January 6, 1999 s. 732.208, F.S.; providing for the liability of direct recipients and Committee on Rules & Calendar beneficiaries; amending s. 732.209, F.S.; providing for the valuation of the property used to satisfy the elective share; amending s. 732.210, Dear Chairman Arnall: F.S.; providing for the effect of the election on other interests; amending s. 732.211, F.S.; providing for the protection of payors and other third The Civil Justice Council respectfully submits the following reports of parties; amending s. 732.212, F.S.; providing who may exercise the right Council action adopted on January 6, 1999. of election; amending s. 732.213, F.S.; providing for the time of election; The Council met and approved consideration of the following proposed providing for extensions and for withdrawal; amending s. 732.214, F.S.; committee bill(s): providing for the order of contribution; providing for the personal representative’s duty to collect contributions; amending s. 732.215, F.S.; Draft CL 99-01 Marquez v Miami-Dade County providing for the effective date, inapplicability of ch. 61, F.S., the effect Draft CL 99-02 Joseph v Miami-Dade County of prior waivers, and transition rules; providing an effective date. Draft CL 99-03 Brown v Delray Beach Draft CL 99-04 Eubanks v Palm Beach County By the Committee on Crime & Punishment; Representatives Warner Draft CL 99-05 Cruz v West Volusia Hospital Authority and Goodlette— Draft CL 99-06 Sosa v Miami-Dade County Draft CL 99-07 Gilfoyle v City of Clearwater CS/HB 327—A bill to be entitled An act relating to conflicts of Draft CL 99-08 Menendez v Palm Beach County interests in the representation of indigent defendants; amending s. Draft CL 99-09 Mock v St. Johns County 27.53, F.S.; requiring that the court review an alleged conflict of interest Draft CL 99-10 Ruck v Miami-Dade County without disclosing confidential communications; providing for withdrawal of the public defender unless the court determines that the A quorum of the council was present and a majority of those present conflict is not prejudicial to the indigent defendant; requiring each agreed to the above report. circuit conflict committee to assess the circuit’s conflict representation Sincerely, system; requiring that the committees report findings and Tom Warner recommendations to the Legislature; providing an effective date. Chair By the Committee on Real Property & Probate; Representative The Honorable Joseph Arnall, Chair January 7, 1999 Brummer— Committee on Rules & Calendar CS/HB 345—A bill to be entitled An act relating to the educational Dear Chairman Arnall: property tax exemption; amending s. 196.198, F.S.; providing circumstances in which land is considered to be property owned by an The Academic Excellence Council respectfully submits the following educational institution; providing an effective date. report of Council action adopted on January 7, 1999. 98 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

The Council met and approved consideration of the following proposed Draft HCS 99-04 general subject matter - public records committee bills: exemption/child death review for consideration by the Committee on Health Care Services. Draft CU 99-01 general subject matter—revising postsecondary education fee terminology; A quorum of the Council was present and a majority of those present Draft CU 99-02 general subject matter—terms of office for members agreed to the above report. of the Board of Regents; Draft CU 99-03 general subject matter—the College Reach-Out Sincerely, Program; Dennis L. Jones, D.C. Draft EI 99-01 general subject matter—instructional technology; and Interim Chair Draft CCCP 99-01 general subject matter—workforce development. Speaker Pro Tempore

A quorum of the Council was present and a majority of those present The Honorable Joseph Arnall, Chair January 20, 1999 agreed to this report. Committee on Rules & Calendar

Sincerely, Dear Chairman Arnall: Evelyn Lynn Chair The Public Responsibility Council respectfully submits the following report of Council action adopted on January 20, 1999. The Honorable Joseph Arnall, Chair January 7, 1999 Committee on Rules & Calendar The Council met and approved consideration of the following proposed committee drafts: Dear Chairman Arnall: DFT ER 99-04, general subject matter - Candidates for Lieutenant The Consumer Affairs Council respectfully submits the following Governor, by the Committee on Election Reform. report of Council action adopted on January 7, 1999. DFT ER 99-05, general subject matter - Open Primaries, by the The Council met and approved consideration of the following proposed Committee on Election Reform. committee bills: A quorum of the Council was present and a majority of those present Draft BRCA PCB 99-01 - the general subject matter is the agreed to the above report. Department of Agriculture and Consumer Services’ consumer Sincerely, protection package. Bill Sublette Draft BRCA PCB 99-02 - the general subject matter is the Department of Business and Professional Regulation’s legislation Chair package. The Honorable Joseph Arnall, Chair January 20, 1999 Draft BRCA PCB 99-03 - title loans. (WITHDRAWN) Committee on Rules & Calendar A quorum of the council was present and a majority of those present Dear Chairman Arnall: agreed to the above report. The Resource & Land Management Council respectfully submits the Sincerely, following report of Council action adopted on January 20, 1999. David I. Bitner Chair The Council met and approved consideration of the following proposed The Honorable Joseph Arnall, Chair January 20, 1999 committee bill: Committee on Rules & Calendar Draft WRM 99-01, general subject matter-Fish and Wildlife Dear Chairman Arnall: Conservation Commission.

The Health & Family Services Council respectfully submits the A quorum of the Council was present and a majority of those present following report of Council action adopted January 20, 1999. agreed to the above report.

The Council met and approved consideration of the following proposed Sincerely, committee bill(s): D. Lee Constantine Chair Draft LT 99-01 general subject matter - nursing home quality improvement for consideration by the Committee on Elder Affairs The Honorable Joseph Arnall, Chair February 2, 1999 & Long-Term Care. Committee on Rules & Calendar Draft HCL 99-01 general subject matter - licensing and regulation of abortion clinics for consideration by the Committee on Health Care Dear Chairman Arnall: Licensing & Regulation. The Civil Justice Council respectfully submits the following report of Draft HCL 99-03 general subject matter - the Department of Council action adopted on February 2, 1999. Health/Medical Professions for consideration by the Committee on Health Care Licensing & Regulation. Pursuant to Rule 59(h) the Council approved consideration of the Draft HCL 99-04 general subject matter - Pharmacy Quality following proposed committee draft: Improvement Committee/Public Records Exemption for consideration by the Committee on Health Care Licensing & DFT JUD 99-01, general subject matter—Civil Actions Regulation. A quorum of the Council was present and a majority of those present Draft HCL 99-05 general subject matter - standardized credentialing agreed to the above report. for Health Care Practitioners for consideration by the Committee on Health Care Licensing & Regulation. Sincerely, Draft HCS 99-03 general subject matter - child death review for Tom Warner consideration by the Committee on Health Care Services. Chair March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 99

The Honorable Joseph Arnall, Chair February 2, 1999 The Honorable Joseph Arnall, Chair February 2, 1999 Committee on Rules & Calendar Committee on Rules & Calendar

Dear Chairman Arnall: Dear Chairman Arnall:

The Consumer Affairs Council respectfully submits the following The Resource & Land Management Council respectfully submits the report of Council action adopted on February 2, 1999. following report of Council action adopted on February 2, 1999.

The Council met and approved consideration of the following proposed The Council met and approved consideration of the following proposed committee draft(s): committee drafts:

DFT IN 99-01 the general subject matter - property DFT EP 99-01, general subject matter - Successor Program to insurance/residual market depopulation and exposure reduction by Preservation 2000 by the Committee on Environmental Protection. the Committee on Insurance. DFT AG 99-02, general subject matter - Relating to Department of A quorum of the council was present and a majority of those present Agriculture, Division of Standards, Regulation of Fair Rides, agreed to the above report. Clarification, and Deletion of Obsolete Language by the Committee on Agriculture. Sincerely, Luis Rojas A quorum of the Council was present and a majority of those present Acting Chair agreed to the above report.

The Honorable Joseph Arnall, Chair February 2, 1999 Sincerely, Committee on Rules & Calendar D. Lee Constantine Chair Dear Chairman Arnall: The Honorable Joseph Arnall, Chair February 3, 1999 The Health & Family Services Council respectfully submits the Committee on Rules & Calendar following report of Council action adopted on February 2, 1999. Dear Chairman Arnall: The Council met and approved consideration of the following proposed committee draft(s): The Academic Excellence Council respectfully submits the following report of Council action adopted on February 3, 1999. DFT CF 99-03 general subject matter - WAGES program improvement for consideration by the Committee on Children & The Council met and approved consideration of the following proposed Families. committee draft(s): DFT CF 99-04 general subject matter - confidentiality provisions for WAGES clients for consideration by the Committee on Children & DFT CCCP 99-02 general subject matter - workforce investment by Families. the Committee on Community Colleges & Career Prep DFT LT 99-02 general subject matter - end-of-life care for DFT CCCP 99-03 general subject matter - distance learning by the consideration by the Committee on Elder Affairs & Long-Term Committee on Community Colleges & Career Prep Care. DFT CU 99-04 general subject matter - naming building and facilities DFT HCL 99-06 general subject matter - adverse incidents/public of the State University System. records exemptions for consideration by the Committee on Health A quorum of the Council was present and a majority of those present Care Licensing & Regulation. agreed to this report.

A quorum of the Council was present and a majority of those present Sincerely, agreed to the above report. Evelyn Lynn Sincerely, Chair Dennis L. Jones, D.C. The Honorable Joseph Arnall, Chair February 3, 1999 Interim Chair Committee on Rules & Calendar Speaker Pro Tempore Dear Chairman Arnall: The Honorable Joseph Arnall, Chair February 2, 1999 Committee on Rules & Calendar The Criminal Justice & Corrections Council respectfully submits the following report of Council action adopted on February 3, 1999. Dear Chairman Arnall: The Council met and approved consideration of the following proposed The Public Responsibility Council respectfully submits the following committee bills: report of Council action adopted on February 2, 1999. DFT CP 99-02 general subject matter - the Florida RICO Act for The Council met and approved consideration of the following proposed consideration by the Committee on Crime & Punishment committee drafts: DFT COR 99-03 general subject matter - Reorganization of the DFT ER 99-02b, general subject matter - Nonpartisan School Boards, Department of Corrections for consideration by the Committee on by the Committee on Election Reform. Corrections DFT ER 99-03d, general subject matter - Ballot Access for Minor DFT LECP 99-05 general subject matter - the Revocation of Party Candidates and Candidates with No Party Affiliation, by the Certification of Law Enforcement Officers for consideration by the Committee on Election Reform. Committee on Law Enforcement & Crime Prevention

A quorum of the Council was present and a majority of those present A quorum of the council was present and a majority of those present agreed to the above report. agreed to the above report. Sincerely, Sincerely, Bill Sublette Victor D. Crist Chair Chair 100 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

The Honorable Joseph Arnall, Chair February 17, 1999 DFT TR - 99-08 general subject matter - Promotion of Professional Committee on Rules & Calendar and Amateur Sports and Physical Fitness by the Committee on Tourism. Dear Chairman Arnall: The Council also discussed the Council’s focus for the 1999 Legislative The Academic Excellence Council respectfully submits the following Session. report of Council action adopted on February 17, 1999. A quorum of the council was present and all of those present agreed The Council met and approved consideration of the following proposed committee draft(s): to the above report. DFT EI 99-03 general subject matter - OPPAGA reviews of school Sincerely, districts by the Committee on Education Innovation Carlos L. Valdes DFT CU 99-05 general subject matter - State University System by Chair the Committee on Colleges & Universities Committee Reports DFT EDK 99-01 general subject matter - graduation and dropout rates by the Committee on Education/K-12 Received December 3: DFT EDK 99-02 general subject matter - charter school capital outlay funding by the Committee on Education/K-12. The Committee on Financial Services recommends the following pass: HB 27 (unanimous) A quorum of the Council was present and a majority of those present agreed to this report. The above bill was referred to the Committee on Finance & Sincerely, Taxation. Evelyn Lynn Received December 4: Chair The Committee on Crime & Punishment recommends the following The Honorable Joseph Arnall, Chair February 17, 1999 pass: Committee on Rules & Calendar HB 45 (unanimous) Dear Chairman Arnall: The above bill was referred to the Committee on Corrections. The Criminal Justice & Corrections Council respectfully submits the following report of Council action adopted on February 17, 1999. Received December 11:

The Council met and approved consideration of the following proposed The Committee on Crime & Punishment recommends a committee committee bills: substitute for the following: HB 23 (unanimous) Draft CP 99-03 - Sentencing Draft COR 99-04 - Private Prisons The above committee substitute was referred to the Draft LECP 99-06 - Expunction Committee on Family Law & Children, and, under the rule, HB Draft LECP 99-07 - Communication 23 was laid on the table. Draft JJ 99-03 - Juvenile Placement Draft JJ 99-04 - Juvenile Justice Staff The Committee on Crime & Punishment recommends a committee substitute for the following: Council ranking: HB 15 (unanimous)

1. CS/CS/HB 113 - Felons/Increased Prison Terms The above committee substitute was referred to the 2. HB 67 - Sport Shooting Ranges Committee on Judiciary, and, under the rule, HB 15 was laid on A quorum of the council was present and a majority of those present the table. agreed to the above report. Received December 15: Sincerely, Victor D. Crist The Committee on Health Care Licensing & Regulation recommends Chair a committee substitute for the following: HB 35 (unanimous) The Honorable Joseph Arnall, Chair February 17, 1999 Committee on Rules & Calendar The above committee substitute was referred to the Committee on Business Regulation & Consumer Affairs, and, Dear Chairman Arnall: under the rule, HB 35 was laid on the table. The Economic Development Council respectfully submits the Received January 7: following report of Council action adopted on February 17, 1999. The Committee on Crime & Punishment recommends the following The Council met and approved consideration of the following proposed pass: committee drafts: HB 79 (unanimous) DFT BDIT - 99-01 general subject matter - Economic Development by The above bill was referred to the Committee on Criminal the Committee on Business Development & International Trade. DFT BDIT - 99-02 general subject matter - Enterprise Florida by the Justice Appropriations. Committee on Business Development & International Trade. The Committee on Health Care Licensing & Regulation recommends DFT BDIT - 99-05 general subject matter - Maritime and the following pass: International Trade Infrastructure by the Committee on Business HB 3, with 1 amendment Development & International Trade. DFT TR - 99-07 general subject matter - State Athletic Commission The above bill was referred to the Committee on Family Law by the Committee on Tourism. & Children. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 101

The Committee on Transportation recommends the following pass: Received January 20: HB 47 The Committee on Health Care Licensing & Regulation recommends The above bill was referred to the Committee on Finance & the following pass: Taxation. HB 91, with 2 amendments (unanimous)

The Committee on Crime & Punishment recommends the following The above bill was referred to the Committee on Crime & pass: Punishment. HB 67 The Committee on Judiciary recommends a committee substitute for The above bill was referred to the Committee on Judiciary. the following: Received January 8: HB 103 (unanimous) The Committee on Governmental Operations recommends the The above committee substitute was referred to the following pass: Committee on Family Law & Children, and, under the rule, HB HB 25 (unanimous) 103 was laid on the table.

The above bill was referred to the Committee on Corrections. The Committee on Judiciary recommends a committee substitute for The Committee on Community Affairs recommends the following the following: pass: HB 19 (unanimous) HB 195, with 2 amendments (unanimous) The above committee substitute was referred to the The above bill was referred to the Committee on Finance & Committee on Governmental Operations, and, under the rule, Taxation. HB 19 was laid on the table.

The Committee on Regulated Services recommends the following The Committee on Law Enforcement & Crime Prevention pass: recommends a committee substitute for the following: HB 53, with 1 amendment (unanimous) HB 37 (unanimous)

The above bill was referred to the Committee on Finance & The above committee substitute was referred to the Taxation. Committee on Judiciary, and, under the rule, HB 37 was laid on The Committee on Water & Resource Management recommends the the table. following pass: HB 107, with 1 amendment Received January 21: The above bill was referred to the Committee on The Committee on Regulated Services recommends the following Governmental Operations. pass: HB 167 (unanimous) The Committee on Crime & Punishment recommends a committee substitute for the following: The above bill was referred to the Committee on General HB 113 Government Appropriations.

The above committee substitute was referred to the The Committee on Governmental Operations recommends the Committee on Corrections, and, under the rule, HB 113 was laid following pass: on the table. HB 193

Received January 12: The above bill was referred to the Committee on Business The Committee on Crime & Punishment recommends a committee Development & International Trade. substitute for the following: The Committee on Crime & Punishment recommends the following HB 13 (unanimous) pass: The above committee substitute was referred to the HB 135 (unanimous) Committee on Judiciary, and, under the rule, HB 13 was laid on The above bill was referred to the Committee on Corrections. the table. The Committee on Juvenile Justice recommends the following pass: Received January 13: HB 137 (unanimous) The Committee on Governmental Operations recommends a The above bill was referred to the Committee on Crime & committee substitute for the following: Punishment. HB 1 (unanimous)

The above committee substitute was referred to the The Committee on Law Enforcement & Crime Prevention Committee on Financial Services, and, under the rule, HB 1 was recommends the following pass: laid on the table. HB 71 (unanimous)

Received January 15: The above bill was referred to the Committee on Crime & Punishment. The Committee on Corrections recommends a committee substitute for the following: The Committee on Law Enforcement & Crime Prevention HB 45 (unanimous) recommends the following pass: HB 161, with 1 amendment (unanimous) The above committee substitute was referred to the Committee on Criminal Justice Appropriations, and, under the The above bill was referred to the Committee on Finance & rule, HB 45 was laid on the table. Taxation. 102 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

The Committee on Corrections recommends the following pass: The Committee on Governmental Rules & Regulations recommends HB 97 (unanimous) the following pass: HB 201, with 3 amendments (unanimous) The above bill was referred to the Committee on Governmental Operations. The above bill was referred to the Committee on Finance & Taxation. The Committee on Election Reform recommends the following pass: HB 125 (unanimous) The Committee on Governmental Operations recommends the following not pass: The above bill was referred to the Committee on HB 83 Governmental Operations. The above bill was laid on the table under the rule. The Committee on Family Law & Children recommends the following pass: Received January 25: HB 3 (unanimous) The Committee on Governmental Operations recommends a The above bill was referred to the Committee on committee substitute for the following: Governmental Rules & Regulations. HB 261 (unanimous)

The Committee on Governmental Operations recommends the The above committee substitute was referred to the following pass: Committee on Finance & Taxation, and, under the rule, HB 261 HB 107, with 11 amendments (unanimous) was laid on the table. The above bill was referred to the Committee on Governmental Rules & Regulations. Received January 27:

The Committee on Law Enforcement & Crime Prevention The Committee on Education Innovation recommends a committee recommends the following pass: substitute for the following: HB 141 (unanimous) HB 259

The above bill was referred to the Committee on Judiciary. The above committee substitute was referred to the Committee on Education Appropriations, and, under the rule, The Committee on Law Enforcement & Crime Prevention HB 259 was laid on the table. recommends a committee substitute for the following: HB 11 (unanimous) The Committee on Financial Services recommends a committee substitute for the following: The above committee substitute was referred to the HB 77 (unanimous) Committee on Crime & Punishment, and, under the rule, HB 11 was laid on the table. The above committee substitute was referred to the Committee on Governmental Operations, and, under the rule, Received January 22: HB 77 was laid on the table.

The Committee on Judiciary recommends the following pass: The Committee on Judiciary recommends a committee substitute for HB 67 (unanimous) the following: CS/HB 15 (unanimous) The above bill was placed on the appropriate Calendar. The above committee substitute was referred to the The Committee on Corrections recommends a committee substitute Committee on Governmental Operations, and, under the rule, for the following: CS/HB 15 was laid on the table. CS/HB 113 The Committee on Real Property & Probate recommends a committee The above committee substitute was referred to the substitute for the following: Committee on Criminal Justice Appropriations, and, under the HB 93 (unanimous) rule, CS/HB 113 was laid on the table. The above committee substitute was referred to the The Committee on Education/K-12 recommends a committee substitute for the following: Committee on Insurance, and, under the rule, HB 93 was laid on HB 9 (unanimous) the table.

The above committee substitute was referred to the Received January 29: Committee on Education Appropriations, and, under the rule, The Committee on Corrections recommends a committee substitute HB 9 was laid on the table. for the following: The Committee on Family Law & Children recommends a committee HB 253 (unanimous) substitute for the following: The above committee substitute was referred to the HB 197 Committee on Crime & Punishment, and, under the rule, HB 253 The above committee substitute was referred to the was laid on the table. Committee on Health & Human Services Appropriations, and, The Committee on Crime & Punishment recommends a committee under the rule, HB 197 was laid on the table. substitute for the following: The Committee on Judiciary recommends the following pass: HB 49 (unanimous) HB 199 (unanimous) The above committee substitute was referred to the The above bill was referred to the Committee on Crime & Committee on Judiciary, and, under the rule, HB 49 was laid on Punishment. the table. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 103

Received February 2: The above bill was referred to the Committee on Transportation & Economic Development Appropriations. The Committee on Governmental Rules & Regulations recommends the following pass: The Committee on Crime & Punishment recommends the following HB 3 (unanimous) pass: HB 121, with 1 amendment The above bill was placed on the appropriate Calendar. The above bill was referred to the Committee on Corrections. The Committee on Family Law & Children recommends a committee substitute for the following: The Committee on Crime & Punishment recommends a committee substitute for the following: CS/HB 23 (unanimous) HB 183 (unanimous) The above committee substitute was referred to the The above committee substitute was referred to the Committee on Criminal Justice Appropriations, and, under the Committee on Corrections, and, under the rule, HB 183 was laid rule, CS/HB 23 was laid on the table. on the table. The Committee on Governmental Operations recommends the Received February 5: following pass: HB 223, with 1 amendment (unanimous) The Committee on Crime & Punishment recommends the following pass: The above bill was referred to the Committee on Community CS/HB 11, with 2 amendments (unanimous) Affairs. The above bill was referred to the Committee on Criminal The Committee on Community Affairs recommends the following Justice Appropriations. pass: HB 289 (unanimous) The Committee on Crime & Punishment recommends the following pass: The above bill was referred to the Committee on Finance & HB 147, with 1 amendment (unanimous) Taxation. The above bill was referred to the Committee on Corrections. The Committee on Utilities & Communications recommends the The Committee on Judiciary recommends the following pass: following pass: HB 87, with 1 amendment (unanimous) HB 153, with 1 amendment (unanimous) The above bill was referred to the Committee on Regulated The above bill was referred to the Committee on Finance & Services. Taxation. Received February 8: The Committee on Community Affairs recommends the following pass: The Committee on Governmental Operations recommends a HB 313 (unanimous) committee substitute for the following: HB 191 (unanimous) The above bill was referred to the Committee on Insurance. The above committee substitute was placed on the The Committee on Regulated Services recommends a committee appropriate Calendar, and, under the rule, HB 191 was laid on substitute for the following: the table. HB 95 Received February 9: The above committee substitute was referred to the Committee on Business Development & International Trade, The Committee on Governmental Operations recommends a and, under the rule, HB 95 was laid on the table. committee substitute for the following: HB 243 (unanimous) The Committee on Financial Services recommends a committee substitute for the following: The above committee substitute was referred to the HB 133 (unanimous) Committee on Judiciary, and, under the rule, HB 243 was laid on the table. The above committee substitute was referred to the Committee on Business Regulation & Consumer Affairs, and, Received February 11: under the rule, HB 133 was laid on the table. The Committee on Criminal Justice Appropriations recommends the following pass: Received February 4: CS/CS/HB 113, with 1 amendment (fiscal note attached, unanimous) The Committee on Finance & Taxation recommends the following The above bill was placed on the appropriate Calendar. pass: CS/HB 261 (fiscal note attached, unanimous) The Committee on Education/K-12 recommends the following pass: HB 257 (unanimous) The above bill was placed on the appropriate Calendar. The above bill was referred to the Committee on Education The Committee on Corrections recommends the following pass: Appropriations. HB 135 (unanimous) The Committee on Real Property & Probate recommends a committee The above bill was referred to the Committee on Criminal substitute for the following: Justice Appropriations. HB 301 The Committee on Law Enforcement & Crime Prevention The above committee substitute was referred to the recommends the following pass: Committee on Judiciary, and, under the rule, HB 301 was laid on HB 229 the table. 104 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Received February 15: HB 91 (unanimous)

The Committee on Governmental Rules & Regulations recommends a The above bill was referred to the Committee on Criminal committee substitute for the following: Justice Appropriations. HB 107 The Committee on Judiciary recommends the following pass: The above committee substitute was placed on the CS/HB 37 (unanimous) appropriate Calendar, and, under the rule, HB 107 was laid on The above bill was referred to the Committee on Criminal the table. Justice Appropriations. Received February 16: The Committee on Education/K-12 recommends the following pass: The Committee on Colleges & Universities recommends the following HB 477, with 6 amendments (unanimous) pass: The above bill was referred to the Committee on Education HB 407 (unanimous) Appropriations. The above bill was referred to the Committee on The Committee on Governmental Operations recommends the Governmental Operations. following pass: HB 97 (unanimous) Received February 17: The above bill was referred to the Committee on General The Committee on Education Innovation recommends the following Appropriations. pass: HB 393, with 3 amendments (unanimous) The Committee on Environmental Protection recommends the following pass: The above bill was referred to the Committee on Education HB 325, with 1 amendment (unanimous) Appropriations. HB 329, with 2 amendments (unanimous) The Committee on Financial Services recommends the following pass: The above bills were referred to the Committee on General CS/HB 1 (unanimous) Government Appropriations. The above bill was referred to the Committee on General The Committee on Finance & Taxation recommends the following Appropriations. pass: HB 289 (fiscal note attached, unanimous) The Committee on Business Regulation & Consumer Affairs recommends the following pass: The above bill was referred to the Committee on General CS/HB 35 (unanimous) Government Appropriations. The above bill was referred to the Committee on Health & The Committee on Insurance recommends the following pass: Human Services Appropriations. HB 369, with 3 amendments (unanimous) The Committee on Transportation recommends the following pass: The above bill was referred to the Committee on Health & HB 267, with 1 amendment (unanimous) Human Services Appropriations. HB 411, with 1 amendment (unanimous) The Committee on Claims recommends the following pass: The above bills were referred to the Committee on Community HB 283, with 1 amendment (unanimous) Affairs. The above bill was referred to the Committee on The Committee on Business Development & International Trade Transportation & Economic Development Appropriations. recommends the following pass: HB 99, with 1 amendment (unanimous) The Committee on Finance & Taxation recommends the following HB 105 (unanimous) pass: HB 161 (fiscal note attached) The above bills were referred to the Committee on Finance & The above bill was referred to the Committee on Taxation. Transportation & Economic Development Appropriations. The Committee on Financial Services recommends the following pass: The Committee on Crime & Punishment recommends the following HB 227, with 1 amendment (unanimous) pass: The above bill was referred to the Committee on Finance & CS/HB 253, with 4 amendments (unanimous) Taxation. The above bill was referred to the Committee on Community The Committee on Education Innovation recommends the following Affairs. pass: The Committee on Governmental Operations recommends the HB 117, with 1 amendment (unanimous) following pass: The above bill was referred to the Committee on Regulated HB 123 (unanimous) Services. HB 357, with 1 amendment (unanimous)

Received February 18: The above bills were referred to the Committee on Community Affairs. The Committee on Judiciary recommends the following pass: CS/HB 13 (unanimous) The Committee on Water & Resource Management recommends the following pass: The above bill was placed on the appropriate Calendar. HB 467, with 1 amendment (unanimous) The Committee on Crime & Punishment recommends the following The above bill was referred to the Committee on Community pass: Affairs. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 105

The Committee on Community Affairs recommends the following Received February 22: pass: HB 363, with 1 amendment (unanimous) The Committee on Judiciary recommends the following pass: HB 141, with 1 amendment (unanimous) The above bill was referred to the Committee on Crime & Punishment. The above bill was referred to the Committee on Criminal Justice Appropriations. The Committee on Environmental Protection recommends the following pass: The Committee on Judiciary recommends the following pass: HB 269 (unanimous) HB 423, with 1 amendment (unanimous) The above bill was referred to the Committee on Finance & The above bill was referred to the Committee on Crime & Taxation. Punishment. The Committee on Governmental Operations recommends the Received February 24: following pass: HB 169, with 1 amendment (unanimous) The Committee on Corrections recommends a committee substitute for the following: The above bill was referred to the Committee on Financial HB 121 Services. The above committee substitute was referred to the The Committee on Crime & Punishment recommends the following Committee on Criminal Justice Appropriations, subject to pass: review under Rule 113(b), and, under the rule, HB 121 was laid HB 389, with 1 amendment (unanimous) on the table. HB 425, with 3 amendments (unanimous) Received February 25: The above bills were referred to the Committee on Judiciary. The Committee on Crime & Punishment recommends a committee The Committee on Environmental Protection recommends the substitute for the following: following pass: HB 327 (unanimous) HM 493, with 1 amendment (unanimous) HB 569, with 3 amendments (unanimous) The above committee substitute was referred to the Committee on Criminal Justice Appropriations, subject to The above bills were referred to the Committee on Water & review under Rule 113(b), and, under the rule, HB 327 was laid Resource Management. on the table. Received February 19: The Committee on Judiciary recommends a committee substitute for The Committee on Governmental Operations recommends the the following: following pass: HB 361 (unanimous) HB 125 (unanimous) The above committee substitute was referred to the The above bill was placed on the appropriate Calendar. Committee on Financial Services, subject to review under Rule 113(b), and, under the rule, HB 361 was laid on the table. The Committee on Juvenile Justice recommends the following pass: HB 349, with 2 amendments (unanimous) Received February 26:

The above bill was referred to the Committee on Criminal The Committee on Governmental Operations recommends a Justice Appropriations. committee substitute for the following: The Committee on Real Property & Probate recommends the CS/HB 19 (unanimous) following pass: The above committee substitute was placed on the HB 383, with 5 amendments (unanimous) appropriate Calendar, subject to review under Rule 113(b), and, The above bill was referred to the Committee on Business under the rule, CS/HB 19 was laid on the table. Regulation & Consumer Affairs. The Committee on Governmental Operations recommends a The Committee on Education Innovation recommends the following committee substitute for the following: pass: CS/HB 77 (unanimous) HB 241, with 2 amendments The above committee substitute was referred to the The above bill was referred to the Committee on Committee on General Government Appropriations, subject to Education/K-12. review under Rule 113(b), and, under the rule, CS/HB 77 was laid on the table. The Committee on Governmental Operations recommends the following pass: Received March 1: HB 73, with 5 amendments (unanimous) The Committee on Governmental Operations recommends a The above bill was referred to the Committee on committee substitute for the following: Governmental Rules & Regulations. CS/CS/HB 15 (unanimous)

The Committee on Education/K-12 recommends a committee The above committee substitute was referred to the substitute for the following: Committee on General Government Appropriations, subject to HB 21 (unanimous) review under Rule 113(b), and, under the rule, CS/CS/HB 15 was laid on the table. The above committee substitute was referred to the Committee on Judiciary, and, under the rule, HB 21 was laid on The Committee on Real Property & Probate recommends a committee the table. substitute for the following: 106 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

HB 291 (unanimous) The above bill was referred to the Committee on Judiciary.

The above committee substitute was referred to the The Committee on Elder Affairs & Long-Term Care recommends the Committee on Community Affairs, subject to review under Rule following pass: 113(b), and, under the rule, HB 291 was laid on the table. HB 213, with 1 amendment (unanimous) HB 219, with 1 amendment (unanimous) The Committee on Real Property & Probate recommends a committee substitute for the following: The above bills were referred to the Committee on Real HB 345 (unanimous) Property & Probate. The Committee on Community Affairs recommends a committee The above committee substitute was referred to the substitute for the following: Committee on Finance & Taxation, subject to review under Rule HB 231 (unanimous) 113(b), and, under the rule, HB 345 was laid on the table. The above committee substitute was referred to the Received March 2: Committee on Finance & Taxation, subject to review under Rule 113(b), and, under the rule, HB 231 was laid on the table. The Committee on Elder Affairs & Long-Term Care recommends the following pass: Excused HB 771, with 1 amendment (unanimous) Rep. Bullard The above bill was referred to the Committee on Health Care Licensing & Regulation. Adjourned The Committee on Election Reform recommends the following pass: Pursuant to the motion previously agreed to, the House adjourned at HB 281, with 2 amendments (unanimous) 4:07 p.m., to reconvene at 8:50 a.m., Thursday, March 4. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 107 The Committees (as of February 18, 1999) [Republicans in roman Democrats in italic]

Academic Excellence Council (Group I) Utilities & Communications: Luis E. Rojas (Chair), Josephus Eggelletion, Jr. (Vice Chair), George Albright, Joseph “Joe” Arnall, Gus Evelyn J. Lynn (Chair), Annie Betancourt, Robert K. “Bob” Casey, Michael Bilirakis, Tom Feeney, Bob Henriquez, Willie F. Logan, Cynthia Moore Chestnut, Alex Diaz de la Portilla, Lindsay M. Kenneth P. “Ken” Pruitt, Christopher L. “Chris” Smith, Tracy Stafford, Harrington, Jerry G. Melvin, John C. Rayson Dwight Stansel Committees Criminal Justice & Corrections Council (Group III) Colleges & Universities: Robert K. “Bob” Casey (Chair), Annie Betancourt (Vice Chair), Allan G. Bense, Willye F. Clayton Dennis, Mark Victor D. Crist (Chair), Randy John Ball, James Bush III, George A. G. Flanagan, Alfred J. “Al” Lawson, Jr., Jefferson B. “Jeff” Miller, Luis Crady, Howard E. Futch, Sharon J. Merchant, Allen Trovillion E. Rojas, Leslie Waters Committees Community Colleges & Career Prep: Lindsay M. Harrington (Chair), Randy Johnson (Vice Chair), Elaine Bloom, Nancy C. Detert, Corrections: Allen Trovillion (Chair), James Bush III, George A. J. Dudley Goodlette, Addie L. Greene, Ron Greenstein, Everett A. Kelly, Crady, Alex Diaz de la Portilla, Jerry G. Melvin, Robert J. “Bob” Starks, Frederica S. “Freddi” Wilson Sharon J. Merchant, Tracy Stafford, Stephen R. Wise Crime & Punishment: Randy John Ball (Chair), Christopher L. Education Innovation: Jerry G. Melvin (Chair), Pat Patterson (Vice “Chris” Smith (Vice Chair), Chris Hart IV, Suzanne M. Kosmas, Bill Chair), JD Alexander, Larcenia J. Bullard, James Bush III, Gaston I. Posey, Joseph R. Spratt, J. Alex Villalobos Cantens, Kenneth Allan “Ken” Gottlieb Juvenile Justice: Sharon J. Merchant (Chair), Lois J. Frankel (Vice Education/K-12: Alex Diaz de la Portilla (Chair), Bev Kilmer (Vice Chair), Stan Bainter, Gustavo A. Barreiro, Heather Fiorentino, Carole Chair), William F. “Bill” Andrews, Cynthia Moore Chestnut, Frank Green, Lars A. Hafner, Alfred J. “Al” Lawson, Jr., Pat Patterson, Farkas, Timothy M. “Tim” Ryan, Ken Sorensen, Joseph R. Spratt, Tom Manuel Prieguez, DeeDee Ritchie, Timothy M. “Tim” Ryan Warner, Doug Wiles Law Enforcement & Crime Prevention: Howard E. Futch (Chair), Edward J. “Ed” Healey (Vice Chair), Harry C. Goode, Jr., Kenneth Allan Civil Justice Council (Group III) “Ken” Gottlieb, Addie L. Greene, Sally A. Heyman, Bev Kilmer, Jefferson B. “Jeff” Miller, Adam H. Putnam, Carlos L. Valdes Tom Warner (Chair), Johnnie B. Byrd, Jr., Gaston I. Cantens, J. Dudley Goodlette, Anthony C. “Tony” Hill, Sr., Beryl D. Roberts Economic Development Council (Group II) Committees Claims: Gaston I. Cantens (Chair), Anthony C. “Tony” Hill, Sr. (Vice Carlos L. Valdes (Chair), Rudolph “Rudy” Bradley, DeeDee Ritchie, Chair), James B. “Jim” Fuller, John Morroni, John C. Rayson, Stacy J. Kelley R. Smith, Robert J. “Bob” Starks Ritter Committees Family Law & Children: Beryl D. Roberts (Chair), Nancy C. Detert Business Development & International Trade: Rudolph “Rudy” (Vice Chair), Shirley Brown, Larry Crow, Steven W. Effman, Bruce Kyle, Bradley (Chair), Manuel Prieguez (Vice Chair), Annie Betancourt, Chris Rob Wallace Hart IV, Alzo J. Reddick, Sr., DeeDee Ritchie, David D. Russell, Jr., Debby P. Sanderson, Rob Wallace Judiciary: Johnnie B. Byrd, Jr. (Chair), Allan G. Bense (Vice Chair), Irlo “Bud” Bronson, Frederick C. “Fred” Brummer, Lori Edwards, Mark Tourism: Robert J. “Bob” Starks (Chair), Frank Farkas (Vice Chair), G. Flanagan, Curt Levine, Durell Peaden, Jr., Luis E. Rojas Nancy Argenziano, Gustavo A. Barreiro, Elaine Bloom, James Bush III, Willye F. Clayton Dennis, Lars A. Hafner, Evelyn J. Lynn, Jerry G. Real Property & Probate: J. Dudley Goodlette (Chair), Gus Michael Melvin Bilirakis (Vice Chair), Nancy Argenziano, John F. Cosgrove, Ron Greenstein, Bob Henriquez, Suzanne Jacobs, Bill Sublette Transportation: Kelley R. Smith (Chair), Bruce Kyle (Vice Chair), Allan G. Bense, Cynthia Moore Chestnut, George A. Crady, James B. “Jim” Fuller, Lindsay M. Harrington, Edward J. “Ed” Healey, Bill Consumer Affairs Council (Group II) Posey, Allen Trovillion David I. “Dave” Bitner (Chair), Stan Bainter, Shirley Brown, Larry Crow, Josephus Eggelletion, Jr., Sally A. Heyman, John Morroni, Mark Fiscal Responsibility Council (Group VI) R. Ogles, Luis E. Rojas Kenneth P. “Ken” Pruitt (Chair), George Albright, Elaine Bloom, Committees Willye F. Clayton Dennis, Steven W. Effman, James B. “Jim” Fuller, Business Regulation & Consumer Affairs: Mark R. Ogles (Chair), Debby P. Sanderson, Charles W. “Charlie” Sembler II, Marjorie R. Jefferson B. “Jeff” Miller (Vice Chair), Shirley Brown, Gaston I. Turnbull, J. Alex Villalobos, Stephen R. Wise Cantens, Victor D. Crist, Howard E. Futch, Ron Greenstein, Bev Kilmer, Committees Ken Sorensen, Marjorie R. Turnbull Criminal Justice Appropriations: J. Alex Villalobos (Chair), Financial Services: Larry Crow (Chair), Carole Green (Vice Chair), George A. Crady (Vice Chair), Randy John Ball, John F. Cosgrove, Victor Randy John Ball, Frederick C. “Fred” Brummer, Larcenia J. Bullard, D. Crist, Sally A. Heyman, Bev Kilmer, John Morroni, Allen Trovillion Nancy C. Detert, Lori Edwards, Steven W. Effman, Mark G. Flanagan, Randy Johnson, Beryl D. Roberts Education Appropriations: Stephen R. Wise (Chair), Cynthia Moore Chestnut (Vice Chair), JD Alexander, D. Lee Constantine, Willye Insurance: Stan Bainter (Chair), Leslie Waters (Vice Chair), Johnnie F. Clayton Dennis, Alex Diaz de la Portilla, Heather Fiorentino, Carlos B. Byrd, Jr., John F. Cosgrove, Paula Bono Dockery, Harry C. A. Lacasa, Evelyn J. Lynn, Jerry G. Melvin, Bill Posey, John C. Rayson, Goode, Jr., Sally A. Heyman, Alfred J. “Al” Lawson, Jr., Pat Patterson, Marjorie R. Turnbull, Tom Warner John C. Rayson, Bill Sublette, Doug Wiles Finance & Taxation: George Albright (Chair), Frederick C. “Fred” Regulated Services: John Morroni (Chair), William F. “Bill” Brummer (Vice Chair), Annie Betancourt, Gus Michael Bilirakis, Andrews (Vice Chair), Mike Fasano, Greg Gay, Anthony C. “Tony” Gaston I. Cantens, Mike Fasano, Kenneth Allan “Ken” Gottlieb, Carole Hill, Sr., Curt Levine, Sharon J. Merchant, Stacy J. Ritter, Charles W. Green, Chris Hart IV, Suzanne Jacobs, Mark R. Ogles, Luis E. Rojas, “Charlie” Sembler II, Debbie Wasserman Schultz Dwight Stansel, Debbie Wasserman Schultz, Leslie Waters, Doug Wiles 108 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

General Appropriations: Kenneth P. “Ken” Pruitt (Chair), Carlos A. Reapportionment: Rodolfo “Rudy” Garcia, Jr. (Chair), J. Dudley Lacasa (Vice Chair), George Albright, William F. “Bill” Andrews, David Goodlette (Vice Chair), David I. “Dave” Bitner, Rudolph “Rudy” Bradley, I. “Dave” Bitner, Elaine Bloom, Janegale M. Boyd, Rudolph “Rudy” Irlo “Bud” Bronson, Johnnie B. Byrd, Jr., Larry Crow, Mark G. Bradley, Irlo “Bud” Bronson, Paula Bono Dockery, Tom Feeney, Lois J. Flanagan, Carole Green, Durell Peaden, Jr., Christopher L. “Chris” Frankel, James B. “Jim” Fuller, Rodolfo “Rudy” Garcia, Jr., Harry C. Smith, Eleanor Sobel, Rob Wallace, Doug Wiles, Frederica S. “Freddi” Goode, Jr., Dennis L. Jones, Willie F. Logan, Lesley “Les” Miller, Jr., Wilson O. R. “Rick” Minton, Jr., Debby P. Sanderson, Charles W. “Charlie” Rules & Calendar: Joseph “Joe” Arnall (Chair), Greg Gay (Vice Sembler II, J. Alex Villalobos, Rob Wallace, Stephen R. Wise Chair), William F. “Bill” Andrews, David I. “Dave” Bitner, Rudolph General Government Appropriations: Charles W. “Charlie” “Rudy” Bradley, Irlo “Bud” Bronson, D. Lee Constantine, John F. Sembler II (Chair), O. R. “Rick” Minton, Jr. (Vice Chair), Joseph “Joe” Cosgrove, George A. Crady, Victor D. Crist, Tom Feeney, Willie F. Logan, Arnall, Stan Bainter, Allan G. Bense, Johnnie B. Byrd, Jr., Josephus Evelyn J. Lynn, Jerry Louis Maygarden, Lesley “Les” Miller, Jr., Kenneth P. “Ken” Pruitt, Beryl D. Roberts, Kelley R. Smith, Bill Eggelletion, Jr., Greg Gay, Everett A. Kelly, Alfred J. “Al” Lawson, Jr., Sublette, Marjorie R. Turnbull, Carlos L. Valdes, Tom Warner Durell Peaden, Jr., Adam H. Putnam, Stacy J. Ritter, Beryl D. Roberts

Health & Human Services Appropriations: Debby P. Sanderson Public Responsibility Council (Group IV) (Chair), Lars A. Hafner (Vice Chair), Robert K. “Bob” Casey, Frank Farkas, Addie L. Greene, Anthony C. “Tony” Hill, Sr., Jerry Louis Bill Sublette (Chair), Mark G. Flanagan, Greg Gay, Addie L. Greene, Maygarden, Sandra L. “Sandy” Murman, Tracy Stafford Suzanne Jacobs, Bill Posey, Tracy Stafford, Rob Wallace Transportation & Economic Development Appropriations: Committees James B. “Jim” Fuller (Chair), Alzo J. Reddick, Sr. (Vice Chair), Larry Community Affairs: Greg Gay (Chair), Gustavo A. Barreiro (Vice Crow, Steven W. Effman, Howard E. Futch, Lindsay M. Harrington, Chair), Larcenia J. Bullard, Heather Fiorentino, Harry C. Goode, Jr., Edward J. “Ed” Healey, Randy Johnson, David D. Russell, Jr., Kelley R. Suzanne M. Kosmas, John Morroni, DeeDee Ritchie, Ken Sorensen, Smith, Carlos L. Valdes Marjorie R. Turnbull Election Reform: Mark G. Flanagan (Chair), Tracy Stafford (Vice Health & Family Services Council (Group V) Chair), Shirley Brown, Larry Crow, Nancy C. Detert, Alex Diaz de la Nancy Argenziano, Larcenia J. Bullard, Mike Fasano, Harry C. Portilla, Howard E. Futch, J. Dudley Goodlette, Bob Henriquez, Robert J. “Bob” Starks, Frederica S. “Freddi” Wilson Goode, Jr., Lars A. Hafner, Edward J. “Ed” Healey, Everett A. Kelly, Sandra L. “Sandy” Murman, Durell Peaden, Jr., Debbie Wasserman Governmental Operations: Bill Posey (Chair), Addie L. Greene Schultz (Vice Chair), Randy John Ball, Mike Fasano, Lars A. Hafner Committees Governmental Rules & Regulations: Rob Wallace (Chair), Suzanne Jacobs (Vice Chair), Robert K. “Bob” Casey, Bev Kilmer, Alzo Children & Families: Sandra L. “Sandy” Murman (Chair), Ken J. Reddick, Sr., Eleanor Sobel, Allen Trovillion Sorensen (Vice Chair), Larcenia J. Bullard, Cynthia Moore Chestnut, Lois J. Frankel, Carlos A. Lacasa, Evelyn J. Lynn, Adam H. Putnam, Frederica S. “Freddi” Wilson Resource & Land Management Council (Group IV) Elder Affairs & Long-Term Care: Nancy Argenziano (Chair), D. Lee Constantine (Chair), JD Alexander, Irlo “Bud” Bronson, Paula Heather Fiorentino (Vice Chair), Gus Michael Bilirakis, David I. “Dave” Bono Dockery, O. R. “Rick” Minton, Jr., Adam H. Putnam Bitner, Suzanne Jacobs, Suzanne M. Kosmas, Curt Levine, Alzo J. Committees Reddick, Sr., David D. Russell, Jr., Eleanor Sobel Agriculture: Adam H. Putnam (Chair), Irlo “Bud” Bronson (Vice Health Care Licensing & Regulation: Mike Fasano (Chair), Chair), Stan Bainter, Lori Edwards, Lindsay M. Harrington, Jefferson Everett A. Kelly (Vice Chair), Lindsay M. Harrington, Edward J. “Ed” B. “Jeff” Miller, Pat Patterson, Durell Peaden, Jr., Joseph R. Spratt, Healey, Sally A. Heyman, Randy Johnson, O. R. “Rick” Minton, Jr., John Dwight Stansel Morroni, Mark R. Ogles, Stacy J. Ritter, J. Alex Villalobos Environmental Protection: Paula Bono Dockery (Chair), Chris Health Care Services: Durell Peaden, Jr. (Chair), Harry C. Hart IV (Vice Chair), Josephus Eggelletion, Jr., Ron Greenstein, Goode, Jr. (Vice Chair), George Albright, Elaine Bloom, Janegale M. Anthony C. “Tony” Hill, Sr., Bruce Kyle, O. R. “Rick” Minton, Jr., Sandra Boyd, Johnnie B. Byrd, Jr., Robert K. “Bob” Casey, Willye F. Clayton L. “Sandy” Murman, Manuel Prieguez, David D. Russell, Jr., Timothy Dennis, Frank Farkas, Kenneth Allan “Ken” Gottlieb, Carole Green, M. “Tim” Ryan, Charles W. “Charlie” Sembler II, Tom Warner Bruce Kyle, Manuel Prieguez, Debby P. Sanderson, Dwight Stansel, Bill Water & Resource Management: JD Alexander (Chair), Janegale Sublette, Debbie Wasserman Schultz M. Boyd (Vice Chair), Annie Betancourt, Frederick C. “Fred” Brummer, Edward J. “Ed” Healey, Everett A. Kelly, Sharon J. Merchant, Mark R. Procedural Council (Group VII) Ogles, Kelley R. Smith, Leslie Waters Tom Feeney (Chair), Joseph “Joe” Arnall, Janegale M. Boyd, D. Lee Constantine, Rodolfo “Rudy” Garcia, Jr., Bill Posey, Kenneth P. “Ken” OTHER COMMITTEES Pruitt, Joseph R. Spratt Review Contested Seat, Select Committees Joint Administrative Procedures: Bill Posey (Chair), O. R. “Rick” Tom Feeney (Chair), Johnnie B. Byrd, Jr., Stacy J. Ritter, Tom Warner, Doug Wiles Minton, Jr., Adam H. Putnam

Joint Legislative Auditing: Kenneth P. “Ken” Pruitt (Chair), Transforming Florida Schools, Select Janegale M. Boyd, Frederick C. “Fred” Brummer, Paula Bono Dockery, Lori Edwards Evelyn J. Lynn (Chair), Alex Diaz de la Portilla (Co-Vice Chair), Jerry G. Melvin (Co-Vice Chair), JD Alexander, William F. “Bill” Andrews, Joint Legislative Committee on Everglades Oversight: D. Lee Larcenia J. Bullard, James Bush III, Gaston I. Cantens, George A. Constantine (Chair), JD Alexander, Josephus Eggelletion, Jr. Crady, Frank Farkas, Tom Feeney, Kenneth Allan “Ken” Gottlieb, Bob Legislative Committee on Intergovernmental Relations: Joseph Henriquez, Bev Kilmer, Carlos A. Lacasa, Willie F. Logan, Pat R. Spratt (Chair), Gustavo A. Barreiro, Victor D. Crist, Sandra L. Patterson, DeeDee Ritchie, Beryl D. Roberts, Timothy M. “Tim” Ryan, “Sandy” Murman Ken Sorensen, Joseph R. Spratt, Tom Warner, Doug Wiles March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 109 RULES of the FLORIDA HOUSE OF REPRESENTATIVES

I. LEGISLATIVE ORGANIZATION (1) Claims.

CHAPTER A. General Officers (2) Family Law & Children. (3) Judiciary. 1. General Officers— (4) Real Property & Probate. (a) The general officers of the Florida House of Representatives are the following: (c) The Consumer Affairs Council shall consist of the following substantive standing committees: (1) Speaker. (1) Business Regulation & Consumer Affairs. (2) Speaker pro tempore. (2) Financial Services. (3) Majority Leader. (3) Insurance.

(4) Minority Leader. (4) Regulated Services.

(5) Clerk. (5) Utilities & Communications. (d) The Criminal Justice & Corrections Council shall consist of the (6) Sergeant at Arms. following substantive standing committees: (b) The Speaker and the Speaker pro tempore shall each be elected (1) Corrections. by a majority of the duly elected and certified Members of the House. For each office, the vote shall be recorded and, if a majority vote is not (2) Crime & Punishment. received on the first ballot, the Members voting shall vote on the two (3) Juvenile Justice. names receiving the highest number of votes on the first ballot until a majority vote is received. (4) Law Enforcement & Crime Prevention. (e) The Economic Development Council shall consist of the following (c) The Majority Leader shall be selected by the Speaker, and the substantive standing committees: Minority Leader shall be selected by the Minority Conference. (1) Business Development & International Trade. (d) The Clerk shall be elected by the House to serve at its pleasure. (2) Tourism. (e) The Sergeant at Arms shall be appointed by the Speaker, with (3) Transportation. the advice and consent of the Members. (f) The Fiscal Responsibility Council shall consist of the following CHAPTER B. Political Parties fiscal standing committees: 2. Political Party Conferences—The political party with the (1) Criminal Justice Appropriations. largest number of Members who are registered voters of such party shall (2) Education Appropriations. form the Majority Conference. The political party with the second largest number of Members who are registered voters of such party shall (3) Finance & Taxation. form the Minority Conference. (4) General Appropriations. 3. Political Party Conference Rules—The members of each (5) General Government Appropriations. political party conference may adopt rules to govern the affairs of that conference. (6) Health & Human Services Appropriations.

CHAPTER C. Councils and Standing Committees; Structure (7) Transportation & Economic Development Appropriations. (g) The Health & Family Services Council shall consist of the 4. Councils and Standing Committees—Forty standing following substantive standing committees: committees of the House are hereby created. Each committee shall be placed in one of ten councils as follows: (1) Children & Families.

(a) The Academic Excellence Council shall consist of the following (2) Elder Affairs & Long-Term Care. substantive standing committees: (3) Health Care Licensing & Regulation.

(1) Colleges & Universities. (4) Health Care Services.

(2) Community Colleges & Career Prep. (h) The Procedural Council shall consist of the statutory joint committees and the following standing committees: (3) Education Innovation. (1) Reapportionment. (4) Education/K-12. (2) Rules & Calendar. (b) The Civil Justice Council shall consist of the following (i) The Public Responsibility Council shall consist of the following substantive standing committees: substantive standing committees: 110 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

(1) Community Affairs. 11. Questions of Order—All questions of order shall be presented to the Speaker for determination; however, any decision of the Speaker (2) Election Reform. on a point of order is subject to an appeal to the House made by any five (3) Governmental Operations. Members. The Speaker may require the Member raising a point of order to cite the Rule or other authority in support of the question. The (4) Governmental Rules & Regulations. Speaker may decide the question of order, put such question to the House, or refer such question to the Committee on Rules & Calendar for (j) The Resource & Land Management Council shall consist of the a recommendation to the House. When a decision of the Speaker on a following substantive standing committees: question of order is appealed, the Speaker shall put the appeal to the (1) Agriculture. House or refer the appeal to the Committee on Rules & Calendar for a recommendation to the House. No Member may speak more than once (2) Environmental Protection. on an appeal unless given leave by the House by majority vote. Responses to parliamentary inquiries and decisions of recognition made (3) Water & Resource Management. by the Speaker may not be appealed. CHAPTER D. Qualifications and Elections of Members 12. Appointment of Temporary Presiding Officer—The 5. Qualifications and Elections of Members— Speaker may appoint any Member to perform the duties of presiding officer for a temporary period of time not to extend beyond a single (a) As specified in Section 2 of Article III of the Florida Constitution, legislative day. If the Speaker is absent and has not made such an the House is the sole judge of the qualifications, elections, and returns appointment, the Speaker pro tempore shall act as presiding officer of its Members. during the Speaker’s absence. However, if the Speaker pro tempore is also absent and has not made such an appointment, the Chair of the (b) In cases of contest for a seat in the House, notice setting forth the Committee on Rules & Calendar shall act as presiding officer during the specific grounds of such contest and the supporting evidence must be absence of both the Speaker and Speaker pro tempore or may appoint received by the Clerk not less than 5 days before the Organization another Member to perform such duties. Session of the Legislature. No motion to disqualify a Member shall be in order at the Organization Session until a Speaker has been elected in 13. The Speaker’s Vote—The Speaker is not required to vote in accordance with the Florida Constitution. In the case of a special legislative proceedings other than on final passage of a bill, except when election, notice must be received by the Clerk not less than 5 days before the Speaker’s vote would be decisive. In all yea and nay votes, the the next regular or special session convenes. If the election is during a Speaker’s name shall be called last. With respect to voting, the Speaker session or less than 5 days before the next session, the notice must be is subject to the same disqualification and disclosure requirements as on the next legislative day following the receipt of certified election any other Member. results. Any contest setting forth facts sufficient to warrant review shall be referred by the Speaker to the appropriate committee. The committee CHAPTER B. Administrative Duties shall hold a hearing and report its findings and recommendations as soon as reasonably possible. Upon receipt of the committee report, the 14. House Employees Serve at the Pleasure of the Speaker— House shall with all dispatch, upon motion, determine the contest by a The Speaker shall employ all employees of the House and shall majority vote. determine their qualifications, hours of work, and compensation, including perquisites and other benefits. All employees serve at the II. DUTIES AND RIGHTS OF THE SPEAKER 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 CHAPTER A. Duties as Presiding Officer designated day of dismissal.

6. Speaker to Enforce Rules—The Speaker shall enforce, apply, 15. Speaker to Sign Papers and Authorize Counsel in Suits and interpret the Rules of the House in all deliberations. Affecting the House—

7. Speaker to Bring Business Before the House—The Speaker (a) The Speaker shall sign all acts, joint resolutions, concurrent shall lay all business before the House, reserve times for the committee resolutions, resolutions, memorials, writs, subpoenas, vouchers for and council meetings in compliance with these Rules, and receive expenditures chargeable to the House, contracts binding on the House, motions made by Members and put them to the House. or other papers issued by the House. The Speaker may delegate the 8. Speaker to Refer Legislation—The authority to make bill authority to sign papers of an administrative nature. referrals rests with the Speaker, except as otherwise provided in these (b) The Speaker may authorize counsel to initiate, defend, intervene Rules. in, or otherwise participate in any suit on behalf of the House, a 9. Preservation of Order and Decorum—The Speaker shall committee of the House, a Member of the House (whether in the legal preserve order and decorum. In case of disturbance or disorderly capacity of Member or taxpayer), a former Member of the House, or an conduct in the galleries or in the lobby, the Speaker may order that officer or employee of the House when such suit is determined by the these areas be cleared. No signs, placards, or other objects of similar Speaker to be of significant interest to the House and the Speaker nature shall be permitted in the rooms, lobby, galleries, or Chamber of believes that the interest of the House would not be otherwise the House unless approved by the Speaker. The Speaker shall see that adequately represented. Expenses incurred for legal services in such the Members conduct themselves in a civil manner in accordance with proceedings may be paid upon approval of the Speaker. accepted standards of parliamentary conduct and may, when necessary, 16. Control Over Chamber and Other Rooms Assigned to the order the Sergeant at Arms to clear the aisles and seat the Members so House—The Speaker shall have general control of the Chamber of the that business may be conducted in an orderly manner. House, its lobby, galleries, corridors, and passages, and other rooms in 10. Recognition of Gallery Visitors and Physician of the those parts of the Capitol assigned to the use of the House. The Chamber Day—On written request by a Member, on a form prescribed by the of the House may not be used for any meeting other than a legislative Committee on Rules & Calendar, the Speaker may recognize or permit meeting unless specifically authorized by the Speaker. the Member to recognize any person or persons in the gallery. After 17. Standing Committee and Council Appointments— granting a request for recognition, the Speaker shall afford that recognition at a convenient place in the order of business, considering (a) The Speaker shall appoint the Chair, the Vice Chair, and any Co- the need for order and decorum and the need for continuity of debate. Chairs deemed necessary for each standing House committee and shall At an appropriate time during proceedings on the floor, the Speaker may also appoint the remaining membership of each such committee. The recognize a Physician of the Day. Speaker shall also appoint the Chair of each council and may appoint March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 111 other council members as needed. The Speaker shall give notice of each (b) Any Member who is present and who fails or refuses to record on such appointment in writing to the Clerk for publication in an Interim a roll call after being requested to do so by the Speaker shall be recorded Calendar and the Session Journal. as present by the Speaker and shall be counted for the purpose of making a quorum. (b) If the need arises, the Speaker may appoint a temporary Chair for any standing committee or council. 24. Legislative Ethics and Official Conduct—Legislative office is a trust to be performed with integrity in the public interest. A Member 18. Appointment of Select and Conference Committees— is respectful of the confidence placed in the Member by the other Members and by the people. By personal example and by admonition to (a) The Speaker may at any time create a select committee and shall colleagues whose behavior may threaten the honor of the lawmaking appoint the membership and name the Chair and Vice Chair thereof. A body, the Member shall watchfully guard the responsibility of office and select committee has the jurisdiction, authority, and duties and exists the responsibilities and duties placed on the Member by the House. To for the period of time specified by the Speaker. A select committee has this end, each Member shall be accountable to the House for violations the powers granted by these Rules to a standing committee except as of this Rule or any provision of the House Code of Conduct contained in limited by the Speaker. The Speaker shall give notice of the creation of Rules 24 through 31. a select committee in writing to the Clerk for publication in an Interim Calendar and the Session Journal. 25. The Integrity of the House—A Member shall respect and comply with the law and shall perform at all times in a manner that (b) The Speaker shall appoint the House membership of all promotes public confidence in the integrity and independence of the conference committees. The Speaker shall name the House Chair of each House and of the Legislature. Each Member shall perform at all times conference committee, and may also name the House Vice Chair thereof, in a manner that promotes a professional environment in the House, except that the Chair of the Fiscal Responsibility Council shall be the which shall be free from employment discrimination. House Chair of the Conference Committee for a General Appropriations Bill and shall also be the House Chair of the Conference Committee for 26. Improper Influence; Solicitation of Campaign any bill directly associated with a General Appropriations Bill. Contributions—

19. Interim Studies—When the Legislature is not in session, the (a) A Member may not accept anything that reasonably may be Speaker may direct committees to perform interim studies. construed to improperly influence the Member’s official act, decision, or vote. III. MEMBERS (b) A Member may neither solicit nor accept any campaign 20. Members Shall Vote; Disclosure of Interest and contribution during the 60-day regular legislative session on the Disqualification from Voting— Member’s own behalf, on behalf of a political party, or on behalf of a candidate for the House of Representatives; however, a Member may (a) Every Member shall be within the House Chamber during its contribute to the Member’s own campaign. sittings, unless excused or necessarily prevented, and shall vote on each question put; however, no Member may vote on any measure that the 27. Ethics; Conflicting Employment—A Member shall: Member knows or believes would inure to the Member’s special private (a) Scrupulously comply with the requirements of all laws related to gain. the ethics of public officers.

(b) A Member, when voting on any measure that the Member knows (b) Not allow personal employment to impair the Member’s or believes would inure to the special private gain of a family member independence of judgment in the exercise of official duties. 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, (c) Not directly or indirectly receive or agree to receive any must disclose the nature of the interest of such person in the outcome compensation for any services rendered or to be rendered either by the of the vote. Disclosure shall be done in a timely manner by filing a Member or any other person when such activity is in substantial conflict memorandum with the Clerk, which shall be printed in the Journal if with the duties of a Member of the House. the vote is taken on the floor. If the vote is taken in a committee, the memorandum shall be filed with the committee administrative 28. Use of Official Position—A Member may not corruptly use or assistant, who shall attach such memorandum to the committee report. attempt to use the Member’s official position in a manner contrary to the For the purpose of this Rule, family members include the Member’s 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 spouse, parents, and children. exemption for the Member or for others. 21. Excused Absence— Upon written request of a Member 29. Use of Information Obtained by Reason of Official submitted in a timely manner, the Speaker may, by written notice to the Position—A Member may engage in business and professional activity Clerk, excuse the Member from attendance on the House for any stated in competition with others, but may not use or provide to others, for the period. Such excused absence shall be noted in the Journal. Member’s personal gain or benefit or for the personal gain or benefit of 22. Possession of Bills—No Member nor any other person may any other person or business entity, any information that has been take possession of an original bill, after filing, with the intention of obtained by reason of the Member’s official capacity as a Member and depriving the Legislature of its availability for consideration. The that is unavailable to members of the public as a matter of law. responsibility for the safekeeping of original filed bills shall vest in the 30. Members to Advise Legislative Employees of House Clerk or, after being committed to a committee, in the committee Chair. Requirements—Each Member is responsible for calling the The committee Chair may authorize a staff member to sign for receipt regulations, policies, and procedures approved by the Speaker relating of bills referred to the committee. to legislative staff and the Rules of the House relating to legislative staff 23. Members Presumed Present Unless Excused or to the attention of any staff for whom the Member is directly Necessarily Prevented; Failure to Answer Roll Call— responsible. A Member may not engage, or permit another to engage, in conduct that the Member knows or should have known to be harmful to (a) Any Member who has answered roll call (either orally or by a professional environment in the workplace, which shall be free from electronic means) at the opening of any daily session, or who enters after employment discrimination. A professional environment in the the initial quorum call and informs the Clerk of the Member’s presence, workplace, which shall be free from employment discrimination, is one shall thereafter be presumed present unless necessarily prevented or in which there is compliance with state and federal law and the leave of absence is obtained from the Speaker. The Speaker shall make regulations, policies, and procedures relating to employment each determination as to whether a Member was necessarily prevented. discrimination approved by the Speaker. 112 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

31. Representation of Another Before a State Agency—A 36. Open Meetings— Member may not personally represent another person or entity for compensation before any state agency other than a judicial tribunal. For (a) Subject to order and decorum, each Member shall provide the purposes of this Rule, “state agency” means any entity of the reasonable access to members of the public to any meeting between such Member and more than one other Member of the Legislature, if such legislative or executive branch of state government over which the members of the public have requested admission and such meeting has Legislature exercises plenary budgetary and statutory control. been prearranged for the purpose of agreeing to take formal legislative 32. Advisory Opinions— action on pending legislation or amendments at such meeting or at a subsequent time. No such meeting shall be conducted in the Members’ (a) A Member, when in doubt about the applicability and Lounge, at any location that is closed to the public, or at any location interpretation of these Rules with respect to legislative ethics and that the Member knows prohibits admission on the basis of race, Member conduct, may convey the facts of the situation to the House religion, gender, national origin, physical handicap, or similar general counsel for an advisory opinion. The general counsel shall issue classification. the opinion within 10 days after receiving the request. The advisory opinion may be relied upon by the Member requesting the opinion. Upon (b) Meetings conducted in the Chambers of either the House or the request of any Member, the committee designated by the Speaker to Senate while such body is in session shall be considered to be held at a have responsibility for the ethical conduct of Members may revise an location providing reasonable access to, and to be reasonably open to, advisory opinion rendered by the House general counsel through an the public. When the number of persons must be limited because of advisory opinion issued to the Member who requested the opinion. space considerations or otherwise for the maintenance of order or decorum, at least one representative each of the print, radio, and (b) An advisory opinion rendered by the House general counsel or television media shall be included among the members of the public the committee shall be numbered, dated, and published by the Clerk in admitted, if such persons have requested admission. an annual publication of the House. Advisory opinions from the House (c) For the purpose of this Rule, and as used in Section 4 of Article general counsel or the committee may not identify the Member seeking III of the Florida Constitution, legislation shall be considered pending the opinion unless such Member so requests. if filed with the Clerk and an amendment shall be considered pending 33. Felony Indictment or Information of a Member— if it has been delivered to the administrative assistant of a committee in which the legislation is pending or to the Clerk, if the amendment is to (a) If an indictment or information for a felony of any jurisdiction is a bill that has been reported favorably by each committee of reference, filed against a Member of the House, the Member indicted or informed and the term “formal legislative action” shall include any vote of the against may request the Speaker to excuse the Member, without pay, House or Senate, or of a committee of either house, on final passage or from all privileges of membership of the House pending final on a motion other than a motion to adjourn or recess. adjudication. IV. DUTIES OF THE CLERK, SERGEANT AT ARMS, (b) If the indictment or information is either nolle prossed or CHAPLAIN, AND EMPLOYEES dismissed, or if the Member is found not guilty of the felonies charged, or lesser included felonies, then the Member shall be paid all back pay 37. Clerk— and other benefits retroactive to the date the Member was excused. (a) The Clerk shall:

34. Felony Guilty Plea of a Member—A Member who enters a (1) Be the custodian of all bills, resolutions, and memorials. plea of guilty or nolo contendere (no contest) to a felony of any jurisdiction may, at the discretion of the Speaker, be suspended (2) Number in the order of their filing, in an odd-number sequence, immediately, without a hearing and without pay, from all privileges of all bills, resolutions, and memorials. membership of the House through the remainder of that Member’s term. (3) Provide for the keeping of a complete record of introduction and 35. Felony Conviction of a Member— action on all bills, resolutions, and memorials, including the number, the author, a brief description of the subject matter, and each committee (a) A Member convicted of a felony of any jurisdiction may, at the reference. discretion of the Speaker, be suspended immediately, without a hearing and without pay, from all privileges of membership of the House (4) Provide to the committee Chair each measure referred to a pending appellate action or the end of the Member’s term, whichever committee along with all official attachments thereto. occurs first. (5) Keep a correct journal of proceedings of the House. The Journal (b) A Member suspended under the provisions of this Rule may, shall be numbered serially and published from the first day of each within 10 days after such suspension, file a written request for a hearing session of the Legislature. setting forth specific reasons contesting the Member’s suspension. Upon a. All amendments taken up, unless withdrawn, shall be printed in receipt of a written request for a hearing, the Speaker shall appoint a the Journal, except that an amendment to a General Appropriations Bill select committee, which shall commence a hearing on the Member’s constituting an entirely new bill shall not be printed until the filing of suspension within 30 days and issue a report to the House within 10 the conference committee report. days after the conclusion of the hearing. The report of the select committee shall be final unless the Member, within 10 days after the b. Any motion to spread remarks upon the Journal, except those of issuance of the report, requests in writing that the Speaker convene the the Governor and Speaker, shall be referred to the Committee on Rules full House to consider the report of the select committee. Upon receipt & Calendar for recommendation before being put to the House. of a request for such consideration, the Speaker shall timely convene the (6) Keep open the Office of the Clerk during and between sessions of House for such purpose. the Legislature. (c) If the final appellate decision is to sustain the conviction, then the (7) Superintend the engrossing, enrolling, and transmitting of bills, Member’s suspension shall continue to the end of the Member’s term. If resolutions, and memorials. the final appellate decision is to vacate the conviction and there is a rehearing, the Member shall be subject to Rule 33. If the final appellate (8) Not permit any records or papers belonging to the House to be decision is to vacate the conviction and no felony charges remain against taken out of the Clerk’s custody other than in the regular course of the Member, the Member shall be entitled to restitution of back pay and business and only then upon receipt. All such records in the custody of other benefits retroactive to the date of suspension. the Clerk shall be available for public inspection. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 113

(9) Report any missing papers to the Speaker. shall be backed with a folder-jacket, and three copies of the original bill shall also be backed with jackets. On these jackets shall be inscribed the (10) Prepare Daily and Interim Calendars necessary to provide name of the sponsor and enough of the title for identification, and on the public notice of consideration of bills, resolutions, and memorials by the original folder-jacket shall be inscribed the signature and district House and its committees. number of the first-named sponsor and each other sponsor agreed to by (11) Prepare the copy for all printed forms used by the House in the the first-named sponsor. All signatures and respective district numbers process of considering legislation. The Clerk shall have the must be on a numbered line as provided on the bill jacket. After bill responsibility for distribution of documents required by these Rules to filing, those Members desiring to be cosponsors must fill out a cosponsor be originated in the Office of the Clerk. form to be agreed to by the first-named sponsor. (12) Examine bills, resolutions, and memorials upon their tender for (b) No Member may be added or deleted as a sponsor or cosponsor of introduction to determine whether facially they meet the requirements a bill without the Member’s written consent on forms provided by the of the Florida Constitution for the presence of the enacting or resolving Clerk. clause or the provision in local bills, including local claim bills, for advertising or for referendum; however, beyond calling an apparent (c) The bill should be aligned on the page substantially according to defect to the attention of the sponsor, the obligation of the Clerk shall the following form: end. A bill to be entitled

(13) Sign and receive necessary papers in the name of the House An act ...... between a general election and election of the Speaker...... (b) It shall be a ministerial duty of the Clerk to attest to all writs, issued by order of the House, and to the passage of all bills, resolutions, Be It Enacted by the Legislature of the State of Florida: and memorials. Section 1...... 38. Sergeant at Arms—The Sergeant at Arms shall: ......

(a) Attend the House during its sittings and maintain order under Section 2...... the direction of the Speaker or Member performing the duties of the ...... presiding officer. (d) Bills that propose to amend existing provisions of law shall (b) Ensure that no person is admitted to the House Chamber except contain the full text of the section, subsection, or paragraph to be in accordance with these Rules. amended. Joint resolutions that propose to amend the Florida Constitution shall contain the full text of the section to be amended. As (c) Be under the direct supervision and execute all commands of the to those portions of general bills and joint resolutions that propose to Speaker. amend existing provisions of the Florida Statutes or the Florida (d) Be the custodian of furniture, books, and property of the House Constitution, new words shall be inserted in the text underlined and and shall annually take an inventory of all property under the Sergeant words to be deleted shall be lined through with hyphens. If the change at Arms’ charge. in language is so general that the use of these procedures would hinder, rather than assist, the understanding of the amendment, it is not (e) Perform all other duties pertaining to the Sergeant at Arms’ necessary to use the coded indicators of words added or deleted, but, in Office as prescribed by law or these Rules. lieu thereof, a notation similar to the following shall be inserted 39. Chaplain to Offer Prayer—A chaplain shall attend at the immediately preceding the affected section of the bill: “Substantial beginning of each day’s sitting of the House and open the same with rewording of section. See s. . . . . , F.S., for present text.” When such a prayer. In the absence of a chaplain, the Speaker may designate notation is used, the notation, as well as the substantially reworded someone else to offer prayer. text, shall be underlined. The words to be deleted and the above- described indicators of such words and of new material are for 40. Employees Forbidden to Lobby; Restriction on Employee information and guidance and do not constitute a part of the bill under Campaign Activities— consideration. Numerals in the margins of the line-numbered paper do not constitute a part of the bill and are shown on the page only for (a) An employee of the House may not, directly or indirectly, be convenience in identifying lines. Section catchlines of existing text shall interested in or concerned with the passage or consideration of any bill not be underlined, nor shall any other portion of a bill covered by this except a duly authorized member of the staff designated in writing by Rule other than new material. a Member with authority over the designated staff member. If any employee exhibits an improper interest in or concern with any bill, it 43. Bills and Joint Resolutions— shall be grounds for dismissal. This provision does not prohibit a Member’s assigned district staff, at the Member’s direction, from (a) All bills shall contain a proper title, as defined in Section 6 of representing the Member’s views on issues in which the Member has an Article III of the Florida Constitution, and the enacting clause “Be It interest. Enacted by the Legislature of the State of Florida:”. (b) An employee of the House may not engage in campaign activities (b) All joint resolutions shall contain a title and the resolving clause during regular work hours, except when on approved leave, and may “Be It Resolved by the Legislature of the State of Florida:”. neither hold, nor be a candidate for, public office (other than a political 44. Local Bills party executive committee office) while in the employ of the House. (a) If a committee determines that the substance of a local bill may V. BILLS, RESOLUTIONS, AND MEMORIALS be enacted into law by ordinance of a local governing body, that 41. “Bill” Stands for All Legislation—Except when the context committee shall not report the bill to the Clerk. However, if a local otherwise indicates, “bill,” as used in these Rules, means a bill, joint governing body would be required to call a referendum to enact the resolution, concurrent resolution, resolution, memorial, or other substance of a local bill into law, the committee may report the local bill. measure upon which a committee may be required to report. (b) If a committee determines that a local bill provides only an 42. Forms of Measures— exemption from general law, it shall be reintroduced as a general bill. (a) To be acceptable for introduction, all bills shall be produced in (c) All local bills, including local claim bills, must either, as required accordance with standards approved by the Speaker. The original bill by Section 10 of Article III of the Florida Constitution, embody 114 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 provisions for a ratifying referendum (stated in the title as well as in the move that the Senate companion bill be substituted and considered in text of the bill) or be accompanied by an affidavit of proper lieu of the House bill. Such motion may be adopted by a majority vote, advertisement, securely attached to the original bill ahead of its first provided the Senate bill is on the same reading, otherwise the motion page. shall be to suspend the Rules by two-thirds vote of the Members present (d) No local bill originating in the House, except a local bill and voting and substitute such Senate bill. At the moment the House introduced by a standing committee, shall be given first reading unless substitutes the Senate companion bill or takes up a Senate bill in lieu filed with the Clerk by 12:00 noon of the first day of the regular session. of a House bill, the House bill so replaced shall be automatically tabled. Recommitment of a House bill shall automatically carry with it any 45. Memorials—A memorial expresses the opinion of the Senate companion bill then on the Calendar of the House. Legislature to the Federal Government. All memorials shall contain the resolving clause “Be It Resolved by the Legislature of the State of 51. Miscellaneous Papers; Veto Messages— Florida:”. (a) Papers of a miscellaneous nature addressed to the House may, at 46. House Resolutions and Concurrent Resolutions— the discretion of the Speaker, be read, noted in the Journal, or filed with (a) All House resolutions and all concurrent resolutions shall the appropriate committees. When the reading of a paper other than one contain a title and a resolving clause. In the case of House resolutions, upon which the House is called to give a final vote is demanded, and the resolving clause shall be “Be It Resolved by the House of such reading is objected to by any Member, it shall be determined Representatives of the State of Florida:”. In the case of concurrent without debate by the House by majority vote. resolutions, the resolving clause shall be “Be It Resolved by the House of Representatives of the State of Florida, the Senate Concurring:”. (b) The Speaker shall refer veto messages to the appropriate Concurrent resolutions shall present only questions pertaining to committees for recommendations. extension of a session, enactment of joint rules, ratification of federal constitutional amendments, communications with the judiciary, or 52. Prefiled Bills; Reference— other procedural legislative matters. (a) During the period between the Organization Session and the (b) Copies of House resolutions directed in the resolution to be convening of the first regular session of the legislative biennium and furnished to any person after adoption shall be prepared only by the during the period between the first and second regular sessions of the Clerk. The Secretary of State shall be requested to prepare certified legislative biennium, Members may file with the Clerk for introduction copies of concurrent resolutions after their adoption. bills that have been prepared or reviewed by the House Bill Drafting 47. Requirements for Introduction— Service.

(a) All bills (other than a General Appropriations Bill, concurrent (b) Such prefiled bills shall be numbered by the Clerk and presented resolutions relating to organization of the Legislature, resolutions to the Speaker for reference as otherwise provided under these Rules. relating to organization of the House, reviser’s bills, reapportionment After the Speaker has referred a bill to a committee or committees, the bills or resolutions, and recall of acts from the Governor) shall either be Clerk shall notify the appropriate committee. prepared or, in the case of local bills, reviewed by the House Bill Drafting Service. After completion and delivery by the House Bill (c) Committees shall, after consideration of prefiled bills, report Drafting Service, no change may be made in the text or title of the bill their actions promptly, in the manner prescribed by these Rules. Once without returning the bill to the House Bill Drafting Service prior to received by the Clerk, a committee report on a prefiled bill shall not be filing with the Clerk. subject to recall by the committee.

(b) The Director of the House Bill Drafting Service shall notify any (d) Prefiled bills shall be given first reading either on the first day Member proposing a bill if an identical or similar bill has been filed and, of a regular session or as soon thereafter as possible. The Clerk shall if so, the name of the sponsor of such bill. record in the Journal the Speaker’s reference of bills. 48. Printing—Upon introduction, all bills (including committee 53. Reviser’s Bills— bills and committee substitutes) shall be printed for the information of the House and the public, except that reviser’s bills and House (a) Reviser’s bills are nonsubstantive bills initiated by the Office of resolutions shall be printed only upon the order of the Committee on Legislative Services pursuant to section 11.242, Florida Statutes, for Rules & Calendar. The Clerk shall have sufficient copies printed for the any of the following purposes: needs of the House and the public and shall furnish the copy for all such printing. Except as provided in Section 19(d) of Article III of the Florida (1) To reduce the number and bulk of the statutes. Constitution, the absence of a printed copy shall not delay the progress of any bill at any stage of its consideration. (2) To remove inconsistencies and redundancies in the statutes.

49. Identification—All bills shall be introduced in the order they (3) To improve the clarity and facilitate the correct and proper are received by the Clerk and shall be serially numbered, in an odd- interpretation of the statutes. number sequence, as filed; however, House resolutions shall be serially numbered separately, in an odd-number sequence. The Clerk shall (b) Reviser’s bills shall be introduced by the Committee on Rules & validate the original copy of each bill, and each page thereof, to ensure Calendar, which may request prior review by another substantive its identification as the item introduced in order to prevent committee. They shall be filed as soon as possible prior to or during each unauthorized or improper substitutions therefor. Any device used for legislative session. Except by report of the Committee on Rules & such validation shall be used by and at all times shall be in the secure custody of the Clerk, and its use by any person not authorized by this Calendar, reviser’s bills may be amended only by making deletions. Rule shall be prohibited. 54. Limitation on Member Bills Under Consideration— 50. Companion Measures—A companion Senate bill must be substantially similar in wording, and identical as to specific intent and (a) A Member may not be the first-named sponsor of more than six purpose, to the House bill for which it is being substituted. Whenever a bills or committee substitutes therefor under consideration during a House bill is reached on the floor for consideration, either on second or regular session. For the purpose of this Rule, bills that have passed the third reading, and there is also pending on the Calendar of the House House, have been withdrawn from further consideration, or have been a companion bill already passed by the Senate, it shall be in order to laid on the table shall not be considered “under consideration.” March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 115

(b) Bills not counted toward these limits include: council that are available for ranking, shall report such ranking to the Committee on Rules & Calendar to be considered by the committee for (1) Local bills, other than local claim bills. placement on the Special Order Calendar, and shall post such ranking (2) Memorials. report on the council office door. Any previously ranked bill that is not on the current or a pending Special Order Calendar may be ranked (3) House resolutions. again. Fractional or equal rankings are not permitted.

(4) Trust fund bills adhering to another bill. (b) A council may rank bills during any special session and during the period when the Legislature is not in session; however, a council (5) Public records or public meetings exemption bills, the effective meeting during the interim may rank bills only during the last date of which is tied to another bill. scheduled week of committee meetings prior to the next regular session.

(6) Bills introduced by a committee under Rule 86. (c) Bills or resolutions placed on a Local, Trust Fund, General, or Ceremonial Resolutions Calendar are not required to be ranked, except VI. COUNCILS AND COMMITTEES—ORGANIZATION, as provided in subsection (e). MEETINGS, AND OVERSIGHT (d) A council may, during any legislative session or during the CHAPTER A. Organization interim, refer bills available for ranking to a standing committee within 55. Membership of Councils— that council with a request for further consideration, including, but not limited to, combining two or more bills into a committee substitute. (a) COUNCIL MEMBERSHIP; EXCEPTION. Except for the However, a council may not refer a bill to a standing committee within Procedural Council, each council shall consist of a Chair, the Chair of that council for further consideration if the bill has previously been each of the standing committees within the council, and such other ranked, unless the bill has become available for ranking or further Members as may be designated by the Speaker in accordance with Rule reference as a result of being returned to committee by action of the 17. Speaker or the House.

(b) PROCEDURAL COUNCIL. (e) At any time prior to passage of the objection period provided in Rule 123 for bills on a General Calendar, a council with substantive (1) Membership. The Procedural Council shall consist of a Chair, the jurisdiction over a bill may, by majority vote, remove the bill from the Chairs of the standing committees within the Council, any House General Calendar for the purpose of ranking or further reference. In Member serving as Chair of a statutory joint committee, and such other addition, a council shall rank or further refer any bill or resolution over Members as may be designated by the Speaker in accordance with Rule which it has substantive jurisdiction and which has been placed on the 17. Calendar of the House after being contested and removed from a Local, (2) Responsibilities. The Procedural Council shall assist and advise Trust Fund, General, or Ceremonial Resolutions Calendar. the Speaker in the development and coordination of overall policy and (f) When ranking a bill recommended for closure by the first oversight of the management of the House and statutory joint substantive committee of reference, a council shall decide whether to committees. agree with such recommendation as provided in Rule 79.

56. Membership of Committees—Membership on the standing (g) A council may designate certain bills available for extended committees shall be determined by the Speaker, in accordance with Rule voting. When a vote on final passage is taken on a bill designated for 17, prior to the convening of each regular session. Membership on select extended voting, the voting machine shall remain open for up to 5 committees and conference committees shall be determined by the minutes, during which time Members may vote and no other business Speaker as needed, in accordance with Rules 18 and 87. may be considered.

57. Vacancies on Standing Committees—If a vacancy occurs on (h) Before a standing committee may consider a proposed committee a standing committee after its organization, the Speaker shall appoint bill, the council whose jurisdiction includes the committee must approve an eligible Member to fill the vacancy. The Speaker shall give notice of the consideration by the committee of the proposed bill. A proposed the appointment in writing to the Clerk for publication in an Interim committee bill that does not receive council approval of its consideration Calendar and the Session Journal. may not be noticed for consideration. However, this subsection does not 58. Ex Officio Members—The Speaker may designate the Speaker apply to proposed committee bills that re-create trust funds, reviser’s pro tempore or the Majority Leader as an ex officio, voting member of bills, resolutions that pertain to rules, procedures, or sessions, or other any standing committee. Alternatively, the Speaker may designate the bills of an entirely technical nature as determined by the Committee on council Chair as an ex officio, voting member of any committee within Rules & Calendar. that council. No standing committee may have more than one ex officio (i) During the first 45 calendar days of a regular session, prior notice member voting at any one time. For the purpose of a quorum, an ex must be given 6 hours in advance of a council meeting. After the 45th officio member shall not be included in the membership of a committee. calendar day and during any extended or special session, notice must be The Speaker shall give notice of the designation of any such ex officio given at least 2 hours in advance of a proposed meeting. Such notice member in writing to the Member so designated and to the committee shall include a listing of the general subject matter of any legislation a Chair. committee seeks approval to notice and take up as a proposed committee CHAPTER B. Meetings—Powers, Duties, and Procedure bill; shall state the date, time, and place of the meeting; and shall be given to the Clerk, the Sergeant at Arms, and the members of the 59. Councils—Ranking, Reference, Extended Voting, council. The Sergeant at Arms, in receiving such notice, shall show on Approval of Proposed Committee Bills, Meeting Notice, and a receipt the day and hour received. Whenever timely, the Clerk shall Delivery of Reports— enter the notice in the Calendar of the House. If a council is approved and scheduled for a meeting by the Speaker, but does not plan to meet, (a) Except as otherwise provided in these Rules, during a regular a notice stating that no meeting is to be held shall be filed with the Clerk session the council whose jurisdiction includes the committee and posted on the council door. introducing the bill or to which a Member bill was first referred by the Speaker or by subsequent action of the House shall rank, in order of (j) Before any council holds a meeting during the period when the importance, each bill favorably reported out of all committees to which Legislature is not in session, a notice of such meeting must be filed with the bill was referred. For purposes of ranking, a bill introduced by a the Clerk and the Sergeant at Arms no later than 7 calendar days before committee means a committee bill only, not a committee substitute. the Friday preceding the week of the meeting. If a council is approved When meeting to rank bills, each council shall rank all bills within the and scheduled for a meeting by the Speaker, but does not plan to meet, 116 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 a notice stating that no meeting is to be held must be filed. The council interim and shall be to House offices when the House is in session. A administrative assistant shall send copies of the notice to the members PCB taken up without the committee conforming to this Rule shall be of the council and to such others who have requested notice. Such notice regarded as being considered in workshop session only, with final action shall include a listing of the general subject matter of any legislation a carried over to a future meeting of the committee at which the committee seeks approval to notice and take up as a proposed committee requirements of this Rule have been met. bill and shall state the date, time, and place of the meeting. Whenever (c) Proposed committee substitutes (PCSs) shall meet the notice timely, the Clerk shall enter such notices in an Interim Calendar. requirements that apply to PCBs. (k) A council shall deliver its reports forthwith to the Committee on 66. Time Required for Advance Notice— Rules & Calendar and shall provide a copy to the Clerk. Each council report must include all bill rankings, bill referrals, agreements on (a) During the first 45 calendar days of a regular session, prior notice recommendations for bills to be closed, designations of bills for extended shall be given 2 days (excluding Saturday and Sunday) in advance of a voting, and approvals of proposed committee bills resulting from the committee meeting for the purpose of considering legislation. If the meeting. notice is given by 4:30 p.m. to the Sergeant at Arms and the Clerk, a bill or proposed bill may be heard at any time on the second succeeding day. 60. Powers of the Chair— After the 45th calendar day and during any extended or special session, (a) The committee or council Chair shall sign all notices, vouchers, the notice shall be given at least 24 hours in advance of the proposed subpoenas as provided under Rule 94, or reports required or permitted committee meeting. by these Rules. Except as otherwise provided in these Rules, the Chair (b) If a committee is approved and scheduled for a meeting by the has all authority necessary to ensure an efficient operation of the Speaker, but does not plan to meet, a notice stating that no meeting is committee or council, including, but not limited to, presiding over the to be held shall be filed with the Clerk and posted on the committee door. committee or council, establishing the agenda for the committee or council, deciding all questions of order in committee or council, and (c) Except when sitting as a committee considering the substance of determining the order in which matters are considered in committee or legislation, the Committee on Rules & Calendar shall be exempt from council. the requirements of this Rule.

(b) Questions of order are subject to an appeal by any committee or 67. Nature and Distribution of Notice— council member, and the appeal shall be certified by the Chair to the (a) A notice shall include a listing and sufficient title for House for a decision by the Speaker during the daily session of the identification of any and all bills or proposed bills to be considered by a House next following such certification. The ruling shall be entered in committee, including, time permitting, those pending on the Journal and shall be subject to appeal as any other question. The reconsideration. However, failure to include a bill pending on Chair may, or on majority vote of the committee or council shall, certify reconsideration in the notice does not preclude the motion to reconsider a question of parliamentary procedure to the Speaker as contemplated from being made as provided under Rule 72(b). by the Rule without a formal appeal. Such a certified question shall be disposed of by the Speaker as if it had been on appeal. The certification (b) A notice shall state the date, time, and place of a meeting and be of an appeal or of a question of parliamentary procedure pursuant to this provided to the Clerk, the Sergeant at Arms, the sponsor, and the Rule does not constitute an automatic stay to further legislative action members of the committee. A notice shall also be provided to any on the measure under consideration. Member who has given the Chair, on a form provided by the committee and signed by the Chair, timely written notice of the Member’s desire to 61. Meetings of Committees and Councils—Committees and be notified on a specific bill. The Sergeant at Arms, in receiving notices, councils shall meet at the call of the Chair or, in the Chair’s absence, the shall show on a receipt the day and hour received. Vice Chair of the committee or temporary presiding officer of the committee or council, as applicable, within the dates and times reserved (c) Whenever timely, the Clerk shall enter notices in the Calendar by the Speaker. of the House.

62. Notice of Room Assignment to the Public—Each committee 68. Notices of Meetings Between Sessions—During the period or council shall regularly meet in the room assigned for its use by the when the Legislature is not in session, before any committee holds a Sergeant at Arms, and notice of such assignment shall be posted. meeting for the purpose of considering a prefiled bill, a proposed committee bill (PCB) approved by council, or a proposed committee 63. Time for Meetings—A committee or council Chair may substitute (PCS), a notice of such meeting shall be filed with the Clerk arrange with the Sergeant at Arms for an evening or other special and the Sergeant at Arms no later than 7 calendar days before the meeting; however, no committee or council meeting shall begin before Friday preceding the week of the meeting. If a committee is approved 8:00 a.m. or last beyond 6:00 p.m. unless granted special leave by the and scheduled for a meeting by the Speaker, but does not plan to meet, Speaker to do so. a notice stating that no meeting is to be held shall be filed. The 64. Committees and Councils Meeting During House committee administrative assistant shall send copies of the notice to the Session—No committee or council shall meet while the House is in members of the committee, to the first-named sponsor of the bill, and to session without special leave, except the Committee on Rules & such sponsors and others who have requested notice. This notice shall Calendar and conference committees. state the date, time, and place of the meeting, the bill number, and a portion of the title sufficient for identification. Whenever timely, the 65. Consideration of Bills, Including Proposed Committee Clerk shall enter such notices in an Interim Calendar. When two Bills and Proposed Committee Substitutes— 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 (a) The Chair or, in the Chair’s absence, the Vice Chair or temporary notice for the first meeting that bills placed on the agenda for the first presiding officer of any committee shall give prior notice in writing of the meeting and not reported out shall be available for consideration at the intention to take up any bill or proposed bill. second meeting without further notice.

(b) Proposed committee bills (PCBs) shall be treated as other bills in 69. Notices Furnished to Majority and Minority Offices—In meeting the requirements for notice under Rules 66 through 68. The addition to any other provisions of these Rules, notices required to be committee administrative assistant shall provide a copy of any PCB to filed with the Clerk shall be furnished to the Majority Office and the each committee member no later than the time of posting of notice and Minority Office. make copies of PCBs available, upon request, to other Members of the Legislature and to the general public. Delivery to committee members 70. Attendance Upon Meetings Required—A Member shall shall be by mail or other, appropriate, electronic means during the attend all meetings of committees to which appointed, unless excused by March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 117 the Chair of the committee or the Speaker. Excuse from House session their recorded votes upon the disposition of any bill or other main shall constitute excuse from that day’s committee meetings. Failure to question considered by the committee. (Florida Constitution, Article III, attend two consecutive meetings, unless excused, shall constitute Section 4(c): “In any legislative committee or subcommittee, the vote of automatic removal from the committee and create a vacancy. Upon each member voting on the final passage of any legislation pending notification by the Chair of the committee, the Speaker shall make an before the committee, and upon the request of any two members of the appointment to fill such vacancy. committee or subcommittee, the vote of each member on any other question, shall be recorded.”) 71. Continuation of Meetings on Same Day—A committee or council may continue the consideration of properly noticed legislation 76. Proxy Voting Prohibited; Votes Recorded After Roll after the expiration of the time set for the meeting if a majority agree Call—A member of a committee or council may not, under any to continue or to temporarily recess to continue the meeting at a time circumstance, vote by proxy. Absent members may have recorded an and place certain on the same day, provided there is no conflict with indication of how they would have voted if present, but this shall not be another scheduled committee or council meeting. counted on a roll call.

72. Reconsideration in Committee—The Rules of the House 77. Quorum Required; Reports by Poll Prohibited—A shall govern proceedings in committee insofar as they are applicable, committee or council may not file a report unless the committee or except that a motion for reconsideration shall be treated in the following council has met at an authorized time and place, with a quorum present. manner: A majority of the membership of the committee or council shall (a) When a main question has been decided by a committee, any constitute a quorum. If any matter is reported on the basis of a poll, such Member voting with the prevailing side, or any Member when the vote matter shall be recommitted by the Speaker or Chair to the committee was a tie or by voice, may move for reconsideration instanter or leave the or council upon a point of order. motion pending. By a two-thirds vote of the Members present and voting, the committee may take up for immediate disposition any such 78. Nature and Contents of Committee Reports— motion to reconsider left pending. The motion to reconsider may be (a) It shall be the duty of committees to report bills either favorably, made at any time during the same meeting prior to the adoption of a favorably with (number of) committee amendment(s), favorably with motion to rise or to the committee’s rising without motion upon the time committee substitute, or unfavorably, but never “without of adjournment having arrived. recommendation.” Committees must also note on each bill reported (b) A motion to reconsider that has been made and left pending shall favorably whether the vote was unanimous and whether the bill was be a special and continuing order of business for the next succeeding recommended as “closed” in accordance with Rule 79. A motion to lay a committee meeting, which, unless considered at that meeting on the bill “on the table” shall be construed as a motion to report the pending request of any member of the committee, shall be deemed abandoned, bill unfavorably. and the committee administrative assistant shall forthwith report the (b) Each report of a committee must contain the action of the bill to the Clerk. committee on the bill being transmitted, together with a Committee (c) A motion to reconsider a collateral matter must be disposed of Information Record stating: during the course of consideration of the main subject to which it is related. (1) The time and place of the meeting at which the action was taken; (d) If the committee refuses to reconsider or, upon reconsideration, (2) The name and address of each person addressing the committee confirms its prior decision, no further motion to reconsider shall be in relative to the measure and, if any agent, the interest represented; and order except upon unanimous consent of the committee members (3) The vote of each member of the committee on the motion to report present. each bill. (e) During the last 5 legislative days of a regular session or at any (c) Each report by a committee shall set forth the identifying number time during an extended or special session, the motion to reconsider of the bill, and, if amendments are proposed by the committee, the words must be disposed of when made. “with (number of) amendment(s)” shall follow the identifying number. (f) If a motion to reconsider is not made at the meeting at which a For the purpose of documentation, committees shall retain copies of bill has been considered and decided, the committee administrative committee reports and amendments adopted, rejected, or withdrawn, assistant shall forthwith report the bill to the Clerk. with the committee action noted thereon. After the committee report has been filed with the Clerk as provided in these Rules, the Clerk shall 73. Open Meetings; Decorum— preserve the Committee Information Record for the convenient (a) All meetings of all committees and councils shall be open to the inspection by the public during the legislative session. public at all times, subject always to the authority of the Chair or other 79. Recommendation for Reporting Closed Bills— presiding officer to maintain order and decorum. However, when necessary for the protection of a witness and with the concurrence of the (a) The first substantive committee considering a bill may, by Speaker, a Chair may close a committee meeting, or portion thereof, and majority vote and with the approval of the bill’s first-named sponsor, the record of such meeting may not disclose the identity of the witness recommend a bill as “closed.” If the council ranking the bill agrees, by appearing before the committee. majority vote, with the substantive committee’s recommendation to close the bill, the council shall mark the bill in its ranking report as (b) The authority of the Chair or other presiding officer to maintain recommended for closure. If the Committee on Rules & Calendar agrees, order and decorum includes the authority to require all persons by a two-thirds vote of the Members present and voting, with the attending a committee or council meeting to silence all telephones, council’s recommendation, no amendments shall be considered on the audible beepers, and other audible electronic equipment. House floor to such bill except amendments recommended by a 74. Unfavorable Reports—A bill reported unfavorably to the committee or technical amendments recommended by the Committee on Clerk shall be laid on the table. A bill so reported may be taken from the Rules & Calendar. No recommendation for closure or sponsor approval table upon the motion of any Member on the floor, adopted by a two- of such a recommendation may be withdrawn, and no other committee thirds vote of the Members present and voting, after debate not to of reference may take any action to close a bill or to rescind a closure exceed 6 minutes evenly divided between proponents and opponents of recommendation. A closure recommendation for a bill shall be carried the motion. forward with each committee substitute for that bill. 75. Voting in Committee—A majority of the members of a (b) Neither a Senate bill nor a House bill returning from the Senate committee present, a quorum having been established, shall agree by with further action required may be closed. 118 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

80. Fiscal Analysis—All general bills affecting revenues, amendatory language by a subsequent committee of reference by way of expenditures, or fiscal liability shall be accompanied by a fiscal analysis an amendment to the amendment or a substitute amendment. upon being reported favorably by a fiscal standing committee. Fiscal analyses shall state in dollars the estimated increase or decrease in 85. Committee Substitutes— revenues or expenditures and the present and future fiscal implication (a) A committee, in reporting a bill, may draft a new, substitute bill of the bill. A fiscal analysis shall be regarded as a memorandum of embracing the same general subject matter, to be returned to the Clerk factual information and may be included within the body of the bill in the same manner as the favorable reporting of any other bill. A research & economic impact statement that accompanies the bill, which committee may also combine two or more bills into such a substitute bill. statement shall be made available to Members. The fiscal analysis The substitute bill, signed by the Chair or, in the Chair’s absence, the portion of the bill research & economic impact statement shall not Vice Chair or temporary presiding officer, shall carry the identifying express comment or opinion relative to the merits of the legislation number of each original bill and shall be returned to the Clerk in the proposed, but should point out technical or mechanical defects. If any same form as required for introduction of a bill. Upon the filing of such bill of this nature is reported favorably by any fiscal standing committee report, the original bill or bills shall be laid on the table of the House. without a fiscal analysis having been prepared or a statement that the Any other committee of reference, retained or assigned under Rule 113, bill has no effect on revenues, expenditures, or fiscal liability, it shall be shall direct its attention to the substitute bill. Each sponsor of the the right of any Member to raise a point of order on second reading and original bill or bills shall be shown by the committee administrative the Speaker may, in the Speaker’s discretion, order return of the bill to assistant as a cosponsor of the substitute unless such sponsor notifies the appropriate fiscal committee. The accuracy of a fiscal analysis shall the committee administrative assistant in writing that he or she wishes not be a basis for a point of order under these Rules. A fiscal analysis to withdraw as a cosponsor. If every sponsor of the original bill or bills prepared for a House bill may be presumed as prepared also for its requests to withdraw as a cosponsor, the committee substitute shall not Senate companion. be delivered to or accepted by the Clerk for introduction, unless another 81. Where Reports Are Delivered—Committee reports, whether Member consents to designation as a cosponsor, and the original bill or favorable or unfavorable, shall be delivered to the Clerk at a designated bills shall be reported “unfavorably” in accordance with Rule 78. place in the office of the Clerk no later than 12:00 noon of a legislative (b) Publication in the Journal of a committee substitute title with day. Reports delivered after 12:00 noon shall be considered delivered on sponsors shall constitute first reading in the same manner as the next legislative day. The original bill or bills shall accompany the Introduction and Reference. report.

82. How Reports Are Authenticated—A committee or council 86. Committee Bills; Designation of Cosponsors—A bill report shall be signed by the Chair or, in the Chair’s absence, the Vice introduced by a committee shall be accompanied by a Committee Chair of the committee or temporary presiding officer of the committee Information Record. A committee, in introducing a committee bill, shall or council, as applicable, using forms prescribed by the Clerk. designate a member of the committee as cosponsor, with the approval of such member, and may designate other members of the committee as 83. Journal Entry—As bills are reported, the identifying number cosponsors, with their approval. The bill shall be shown by the Clerk as of a bill, together with the action of the committee, whether favorable, having been introduced by the committee and the Member or Members unfavorable, favorable with (number of) amendment(s), or favorable so designated. If no Member consents to designation as a cosponsor, the with substitute, shall be entered in the Journal. Such entry shall also bill may not be delivered to or accepted by the Clerk for introduction. indicate when a bill reported favorably was by unanimous vote and when a bill has been recommended as “closed” in accordance with Rule 87. Conference Committee Membership; Procedures— 79. (a) The Speaker shall appoint all House managers for conference 84. Committee Amendments— committees. The Speaker shall determine the number as need appears and shall appoint no less than a majority who generally supported the (a) Amendments recommended by committees must be produced on House position as determined by the Speaker. the legislative computer on the prescribed forms in accordance with the requirements of the Clerk and securely affixed to the bill. (b) Meetings of conference committees shall be open to the public at all times, subject always to the authority of the Chair or, in the Chair’s (b) Committees may only consider amendments presented in final absence, the Vice Chair to maintain order and decorum. written form prior to adoption. (c) All actions taken in conference committees shall be by motion. (c) Every Member may offer amendments to bills being considered by any committee of the House. If not appointed to the committee, a (d) The Chair or, in the Chair’s absence, the Vice Chair of any Member who offers an amendment must comply with the amendment conference committee shall give prior notice as soon as practicable of filing deadline and must be present at the meeting. If such Member is intention to meet. A notice shall state the date, time, and place of not present, the amendment may still be considered, but only if taken meeting and be posted on the door of the committee managing the up and offered by a Member who is appointed to the committee. conference for the House at least 2 hours prior to the time of the meeting. (d) During the first 45 calendar days of a regular session, the filing deadline for amendments to be offered in a committee by nonappointed 88. Composition of Conference Committee—A conference Members shall be 5:00 p.m., 1 day (excluding Saturday and Sunday) in committee shall consist of managers from each house. The conference advance of the committee meeting. After the 45th day and during any committee shall select one of its members to preside. A conference extended or special session, such amendments shall be filed 2 hours committee report shall require the affirmative votes of a majority of the before the committee meeting. Amendments introduced by committee managers from each house. The report shall be accompanied by the members, including ex officio members, shall not be subject to these original bill. filing deadlines and may be offered at any time during consideration of 89. Presentation of Conference Committee Report— a bill. (a) The receiving of conference committee reports shall always be in (e) Amendments adopted by all committees of reference (except order, except when the House is voting on any proposition. When a those incorporated in a committee substitute) shall accompany a bill conference committee report is presented to the House, the sequence when filed with the Clerk. No committee shall physically remove from shall be: the jacket an amendment adopted by a prior committee, and no amendment of a committee may be subject to a negative roll call of (1) The vote first shall be on whether the report shall be considered another committee. Instead, there may be adopted nullifying or at that moment. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 119

(2) The next vote shall be on acceptance or rejection of the report as books, records, papers, documents, data, operation, and physical plant an entirety. The report must be acted upon as a whole, being agreed to of any state agency. or disagreed to as an entirety. (b) ISSUANCE OF SUBPOENA. (3) The final vote shall be a roll call on the passage of the bill as amended by the report. (1) In order to carry out its duties, each standing or select committee, whenever required, may issue subpoena with the approval of the (b) If either paragraph (a)(2) or paragraph (a)(3) fails, the report Speaker and other necessary process to compel the attendance of shall be automatically recommitted to the conference committee. If a witnesses before such committee or the taking of a deposition pursuant motion to reconsider is made, the vote first would be on paragraph (a)(2) to these Rules. The Chair of the standing or select committee shall issue and then on paragraph (a)(3). such process on behalf of the standing or select committee. The Chair or any other member of such committee may administer all oaths and 90. Form of Conference Committee Report— affirmations in the manner prescribed by law to witnesses who shall (a) When a conference committee has redrafted a bill, the committee appear before such committee for the purpose of testifying in any matter shall report an amendment striking everything after the enacting about which such committee may desire evidence. clause, together with an appropriate title amendment if needed. (2) Each standing or select committee, whenever required, may also compel by subpoena duces tecum the production of any books, letters, or (b) Each conference committee report must be accompanied by a other documentary evidence it may desire to examine in reference to any statement, written or oral, sufficiently explicit to inform the House of matter before it. The Chair of the standing or select committee shall the changes in the bill sent to conference. issue process on behalf of the standing or select committee. 91. Time Restraints on Conference Committees— (c) CONTEMPT PROCEEDINGS. (a) During the first 54 calendar days of a regular session, it shall be (1) Either house may punish by fine or imprisonment any person a motion of highest privilege either to discharge the House managers who is not a Member and who is guilty of disorderly or contemptuous and appoint new House managers or to instruct the House managers conduct in its presence or of a refusal to obey its lawful summons. after House and Senate managers have been appointed for 7 calendar days and have failed to report. (2) A person shall be deemed in contempt if the person:

(b) During the last 6 calendar days of a regular session, it shall be a. Fails or refuses to appear in compliance with a subpoena or, a motion of highest privilege either to discharge the House managers having appeared, fails or refuses to testify under oath or affirmation; and appoint new House managers or to instruct the House managers after House and Senate managers have been appointed for 36 hours and b. Fails or refuses to answer any relevant question or fails or refuses have failed to report. to furnish any relevant book, paper, or other document subpoenaed by or on behalf of such committee; or 92. When Managers Are Unable to Agree—When a conference committee is appointed in reference to any bill and the House managers c. Commits any other act or offense against such committee that, if report inability to agree, no action of the House taken prior to such committed against the Legislature or either house thereof, would appointment shall preclude further action by the House as the House constitute contempt. may determine. (3) A standing or select committee may, by majority vote of all of its CHAPTER C. Oversight Responsibilities and Powers members, apply to the House for contempt citation. The application shall be considered as though the alleged contempt had been committed 93. Oversight Role—Standing and select committees shall have in or against the House itself. If such committee is meeting during the oversight responsibilities in order to assist the House in: interim, its application shall be made to the circuit court pursuant to subsection (g). (a) Its analysis, appraisal, and evaluation of: (4) A person guilty of contempt under this Rule shall be fined not (1) The application, administration, execution, and effectiveness of more than $500 or imprisoned not more than 90 days or both, or shall the laws enacted by the Legislature; or be subject to such other punishment as the House may, in the exercise (2) Conditions and circumstances that may indicate the necessity or of its inherent powers, impose prior to and in lieu of the imposition of the desirability of enacting new or additional legislation; and aforementioned penalty.

(b) Its formulation, consideration, and enactment of such (5) The sheriffs in the several counties shall make such service and modifications or changes in those laws, and of such additional execute all process or orders when required by standing or select legislation, as may be necessary or appropriate. committees. Sheriffs shall be paid as provided for in section 30.231, Florida Statutes. 94. Oversight Powers— (d) FALSE SWEARING. Whoever willfully affirms or swears falsely (a) GENERAL POWERS. in regard to any material matter or thing before any standing or select committee is guilty of perjury in an official proceeding, which is a felony (1) Each standing or select committee is authorized to invite public of the third degree and shall be punished as provided in section 775.082, officials and employees and private individuals to appear before the section 775.083, or section 775.084, Florida Statutes. committee for the purpose of submitting information to it. (e) RIGHTS OF WITNESSES. (2) Each committee is authorized to maintain a continuous review of the work of the state agencies concerned with its subject area and the (1) All witnesses summoned before any standing or select committee performance of the functions of government within each such subject shall receive reimbursement for travel expenses and per diem at the area, and for this purpose to request reports from time to time, in such rates provided in section 112.061, Florida Statutes. However, the fact form as such committee shall designate, concerning the operation of any that such reimbursement is not tendered at the time the subpoena is state agency and presenting any proposal or recommendation such served shall not excuse the witness from appearing as directed therein. agency may have with regard to existing laws or proposed legislation in its subject area. (2) Service of a subpoena requiring the attendance of a person at a meeting of a standing or select committee shall be made in the manner (3) In order to carry out its duties, each standing or select committee provided by law for the service of subpoenas in civil action at least 7 is empowered with the right and authority to inspect and investigate the calendar days prior to the date of the meeting unless a shorter period of 120 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 time is authorized by majority vote of all the members of such the witness to respond to all lawful questions and to produce all committee. If a shorter period of time is authorized, the persons documentary evidence in the possession of the witness that is lawfully subpoenaed shall be given reasonable notice of the meeting, consistent demanded. The failure of any witness to comply with such order of the with the particular circumstances involved. court shall constitute a direct and criminal contempt of court, and the court shall punish such witness accordingly. (3) Any person who is served with a subpoena to attend a meeting of any standing or select committee also shall be served with a general 95. Conduct of Meetings of Investigative Committees—Each statement informing the person of the subject matter of such standing or select committee shall comply with the following procedures committee’s investigation or inquiry and a notice that the person may with respect to compelling attendance of witnesses, production of be accompanied at the meeting by private counsel. documents or evidence, and the conduct of meetings before such committee: (4) Upon the request of any party and the approval of a majority of the standing or select committee, the Chair, or in the Chair’s absence (a) If any standing or select committee fails in any material respect the Vice Chair, shall instruct all witnesses to leave the meeting room to comply with the requirements of this Rule, any person subject to and retire to a designated place. The witness will be instructed by the subpoena or subpoena duces tecum who is injured by such failure shall Chair, or in the Chair’s absence the Vice Chair, not to discuss the be relieved of any requirement to attend the meeting for which the testimony of the witness or the testimony of any other person with subpoena was issued or, if present, to testify or produce evidence anyone until the meeting has been adjourned and the witness has been therein, and such failure shall be a complete defense in any proceeding discharged by the Chair. The witness shall be further instructed that if against such person for contempt or other punishment. any person discusses or attempts to discuss the matter under investigation with the witness after receiving such instructions, the (b) In addition, the following rules of procedure will be followed at all witness shall bring such matter to the attention of such committee. No meetings of standing or select committees: member of such committee or representative thereof may discuss any (1) A standing or select committee may exercise its powers during matter or matters pertinent to the subject matter under investigation sessions of the Legislature and in the interim. with any witness to be called before such committee from the time that these instructions are given until the meeting has been adjourned and (2) A standing or select committee that conducts meetings for the the witness has been discharged by the Chair. Any person violating this purpose of taking sworn testimony from witnesses shall consist of not Rule shall be in contempt of the Legislature. fewer than five members.

(5) Any standing or select committee taking sworn testimony from (3) A quorum of a standing or select committee that conducts witnesses as provided herein shall cause a record to be made of all meetings for the purpose of taking sworn testimony from witnesses shall proceedings in which testimony or other evidence is demanded or consist of a majority of the total authorized membership. adduced, which record shall include rulings of the Chair, questions of such committee and its staff, the testimony or responses of witnesses, (4) No action shall be taken by a standing or select committee at any sworn written statements submitted to the committee, and such other meeting unless a quorum is present. Such committees may act by a matters as the committee or its Chair may direct. majority vote of the members present at a meeting at which there is a quorum, unless the Rules or any law requires a greater number or (6) A witness at a meeting, upon advance request and at the proportion. witness’s own expense, shall be furnished a certified transcript of the witness’s testimony at the meeting. (5) Any standing or select committee, when conducting a meeting for the purpose of taking sworn testimony, shall give each member of the (f) RIGHT OF OTHER PERSONS TO BE HEARD. committee not less than 3 calendar days’ written notice of any meeting to be held when the Legislature is in session and at least 7 calendar (1) Any person whose name is mentioned or who is otherwise days’ written notice of any meeting to be held when the Legislature is identified during a meeting being conducted for the purpose of taking not in session. Such notices shall include a statement of the subject sworn testimony from witnesses of any standing or select committee and matter of the meeting. who, in the opinion of such committee, may be adversely affected thereby, may, upon the request of the person or upon the request of any (6) The presiding member at a meeting may direct a witness to member of such committee, appear personally before such committee answer any relevant question or furnish any relevant book, paper, or and testify on the person’s own behalf, or, with such committee’s other document, the production of which has been required by subpoena consent, file a sworn written statement of facts or other documentary duces tecum. Unless the direction is overruled by a majority vote, evidence for incorporation into the record of the meeting. Any such disobedience shall constitute contempt as defined in these Rules. witness, however, shall, prior to filing such statement, consent to answer questions from such committee regarding the contents of the (7) Before or during a meeting, a witness or the witness’s counsel statement. may file with the standing or select committee, for incorporation into the record of the meeting, sworn written statements relevant to the purpose, (2) Upon the consent of a majority of the members present, a quorum subject matter, and scope of the committee’s investigation or inquiry. having been established, any standing or select committee may permit Any such witness, however, shall, prior to filing such statement, consent any other person to appear and testify at a meeting or submit a sworn to answer questions from such committee regarding the contents of the written statement of facts or other documentary evidence for statement. incorporation into the record. No request to appear, appearance, or submission shall limit in any way the committee’s power of subpoena. (8) When the Chair of any committee determines that such Any such witness, however, shall, prior to filing such statement, consent procedure would expedite the inquiry or save expenses, the Chair, with to answer questions from any standing or select committee regarding the concurrence of the Speaker, may authorize the conduct of the contents of the statement. proceedings by depositions, interrogatories, or compulsory production of documents as provided in this Rule. These proceedings shall be in the (g) ENFORCEMENT OF SUBPOENA OUT OF SESSION. If any nature of statements under oath taken by a state attorney. Counsel for witness fails to respond to the lawful subpoena of any standing or select a person under investigation may be allowed to attend such depositions committee at a time when the Legislature is not in session or, having at the discretion of the Chair. Participation by such counsel at the responded, fails to answer all lawful inquiries or to turn over evidence depositions may also be allowed at the discretion of the Chair. Any that has been subpoenaed, such committee may file a complaint before requests for attendance or participation should be addressed to the any circuit court of the state setting up such failure on the part of the Chair. If the requests are denied, a person may appeal the Chair’s ruling witness. On the filing of such complaint, the court shall take jurisdiction to the Speaker, but there shall be no stay of proceedings pending such of the witness and the subject matter of the complaint and shall direct appeal. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 121

(c) When counsel for a person subject to deposition is allowed to CHAPTER C. Speaking and Debate participate in the proceedings under the guidelines of the committee, testimony or other evidence taken may be introduced before the 99. Addressing the House—When a Member desires to speak or committee regardless of whether the person or the person’s counsel deliver any matter to the House, the Member shall rise and respectfully takes advantage of the opportunity. address the Speaker as “Mr. (or Madam) Speaker” and shall confine all remarks to the question under debate, avoiding personalities. Once (1) The Chair, with the concurrence of the Speaker, may authorize recognized, a Member may speak from the Member’s desk or may, with a lawyer for the committee to take depositions of witnesses before a the Speaker’s permission, speak from the well. court reporter or notary public of this state. The deposition notice and 100. When Two Members Rise at Once—When two or more any subpoena used therewith may identify persons either by name or by Members rise at once, the Speaker shall name the one who is to speak job description, and such persons may be required to attend and give first. This decision shall be final and not open to debate or appeal. testimony pursuant to the guidelines of the committee. 101. Recognition—There shall be no appeal from the Speaker’s (2) The Chair, with the concurrence of the Speaker, may authorize recognition, but the Speaker shall be governed by the Rules and usage the issuance of interrogatories to be answered under oath, and these in priority of entertaining motions from the floor. When a Member seeks shall require the person to whom they are directed to appear before a recognition, the Speaker may ask, “For what purpose does the Member notary public or court reporter and answer the questions under oath. rise?” or “For what purpose does the Member seek recognition?” These may be served by mail or by personal service and shall be answered under oath no later than 7 days from the date of mailing or 3 102. Time for Debate, Interruption of a Member Who Has the days from the date of personal service. Any interrogatory may require Floor; Right to Open and Close Debate; Informal Deferral for that a person to whom it is directed (identified by name or job Absence— description) return the interrogatory in the mail or have it available for delivery to the lawyer for the committee on a date certain. (a) A Member may not speak more than once nor occupy more than 15 minutes in debate on any question. A Member who has the floor may (3) If any substantive or procedural question arises during any not be interrupted by another Member for any purpose, save the proceedings authorized by these Rules, the question shall be referred to privilege of the House, unless he or she consents to yield to the other the Chair of the committee or to any committee member designated by Member. A Member desiring to interrupt another in debate should first the Chair to pass on such questions. Communication shall be made with address the Speaker for the permission of the Member speaking. The the Chair or any designated committee member by the most rapid Speaker shall then ask the Member who has the floor if he or she wishes available means, including telephone, and the resolution of such to yield, and then announce the decision of that Member. Whether to questions, including without limitation questions on the scope of the yield shall be entirely within the speaking Member’s discretion. discovery, may be communicated by telephone. If any person is However, this section shall not deprive the sponsor or mover of the right dissatisfied with such a decision, appeal may be made to the Speaker, to close when the effect of an amendment or motion would be to kill the but there shall be no stay of proceedings pending such appeal. bill, amendment, or motion.

VII. FLOOR PROCEDURE (b) The mover of any proposition, or the Member reporting any measure from a committee, or, in the absence of either of them, any CHAPTER A. Privilege of the Floor other Member designated by such absentee, shall have the right to open 96. Privilege of the Floor— and close the debate, and for this purpose may speak each time not more than 10 minutes, unless otherwise limited by majority vote of the House, (a) Other than present Members of the House and of the Senate, the notwithstanding the limitation in subsection (a). persons hereinafter named, and none other, shall be admitted during regular daily sessions to the Chamber of the House: the Governor, the (c) Whenever the Member who introduced a bill, or the Chair of the Lieutenant Governor, Cabinet Members, Justices of the Supreme Court, committee that reported it, is absent from the Chamber when the bill Members of Congress, contestants in election cases during the pendency has been reached in the regular order on second or third reading, of their cases in the House, such persons as have, by name, received the consideration shall be informally deferred until the Member’s or thanks of the Legislature, former Governors, former Members of the committee Chair’s return, unless another Member consents to offer the Cabinet, former Members of the House and Senate who are not bill on behalf of the original Member or committee Chair. The bill shall interested in any claim or directly in any bill pending before the retain its position on the Calendar during the same legislative day. The Legislature, and such employees of the House as may be needed on Member or committee Chair shall have the responsibility of making the public business, including such committee staff as shall be designated motion for its subsequent consideration. by committee Chairs and approved by the Speaker. Visiting dignitaries 103. Limitation on Debate— 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 (a) When there is debate by the House, it shall be in order for a floor may not lobby the Members while the House is in session, unless Member to move to limit debate and such motion shall be decided by motion granted leave to address the House. without debate, except that the sponsor or mover of the question under debate shall have 5 minutes within which to discuss the motion and may (b) When the House is in session, all persons in the House Chamber divide the allotted time with, or waive it in favor of, some other Member. shall be dressed in proper business attire. If, by majority vote, the question is decided in the affirmative, debate CHAPTER B. Quorum and Attendance shall be limited to 20 minutes for each side, unless a greater time is stated in the motion, such time to be apportioned by the Speaker; 97. Quorum—A majority of the membership of the House shall however, the sponsor or mover shall have an additional 5 minutes constitute a quorum to do business. within which to close the debate and may divide the allotted time with, or waive it in favor of, some other Member. 98. Leave of Absence— (b) Debate may not be disguised in the form of a question. (a) A Member may not be absent from the sessions of the House without approval from the Speaker as provided in Rule 21. CHAPTER D. Voting

(b) Any Member granted a leave of absence due to a meeting of a 104. Taking the Yeas and Nays—The Speaker shall declare all committee or conference committee that has authority to meet while the votes, but if any Member rises to doubt a vote, upon a showing of hands House is in session shall be so noted in the Journal. It shall be the by five Members, the Speaker shall take the sense of the House by oral responsibility of the excused Member to advise the Clerk when leaving roll call or electronic roll call. When taking the yeas and nays on any and returning to the Chamber. question, the electronic roll-call system may be used, and when so used 122 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 shall have the force and effect of a roll call taken as provided in these 9. Reports of Select Committees. 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 10. Motions Relating to Committee References. roll call, and the vote is by electronic roll call, the Speaker shall say, 11. Matters on Reconsideration. “The question now recurs on (designating the matter to be voted upon). The Clerk will unlock the machine and the House will proceed to vote.” 12. Bills and Joint Resolutions on Third Reading. When sufficient time has elapsed for each Member to vote, the Speaker shall ask, “Have all Members voted?” And after a short pause the 13. Special Orders. Speaker shall say, “The Clerk will lock the machine and record the vote.” 14. Unfinished Business. When the vote is completely recorded, the Speaker shall announce the result to the House, and the Clerk shall record the action upon the 15. Introduction and Reference. Journal. (b) During special sessions, the order of business of Introduction and 105. Changing of Vote—After the result of a roll call has been Reference shall be conducted immediately following the order of announced, a Member may advise the Clerk of how the Member would business of Correction of the Journal. have voted or of the Member’s wish to change the Member’s vote. The 111. Consideration of Senate Messages: Generally—Senate Clerk shall provide forms for the recording of these actions. When timely messages shall be considered by the House upon review and approval by made, these requests shall be shown beneath the roll call in the Journal. the Speaker. Otherwise, the request shall be shown separately in the Journal. In no instance, other than by reason of an electronic or mechanical CHAPTER B. Reference malfunction, shall the result of a voting machine roll call on any bill be changed. 112. Reference: Generally—

106. No Member to Vote for Another Except by Request—No (a) Bills, upon first reading, whether House or Senate, shall be Member may vote for another Member except at the other Member’s referred by the Speaker either to committee or to the Calendar of the request when absent from his or her seat but present elsewhere in the House. The order of reference shall be first to substantive committees Chamber, nor may any person who is not a Member cast a vote for a and then to appropriate fiscal committees. If a bill is referred to more Member. In no case shall a Member vote for another on a quorum call. than one fiscal committee, the Speaker shall specify which shall first Any Member who votes or attempts to vote for another Member in consider the bill. violation of this Rule may be punished in such a manner as the House (b) If a bill filed for the second regular session of a legislative term may deem proper. Any person who is not a Member and who votes is substantively identical to a bill that passed the House, but not the wrongfully in the place of a Member shall be excluded from the Chamber Senate, at the first regular session of that legislative term, the House for the remainder of the session, in addition to such punishment as the Bill Drafting Service shall provide a notation to that effect on the bill. House may deem proper. (c) References of bills and the nature of any documents referred shall 107. Pairing—Pairing shall be permitted only upon the absence of be recorded in the Journal. a Member for good cause and shall be in writing and specifically state the bill or bills or questions upon which pairs are arranged. Before the 113. Reference: Exception; Additional or New References— vote, paired votes shall be filed in writing with the Clerk and be recorded in the Journal as an indication of how both the present and absent (a) All bills, whether House or Senate, may be referred by the Member would have voted. Paired votes shall not be shown on roll calls. Speaker to the appropriate committees except for Senate bills with The present Member who pairs is not permitted to vote; however, if the House companions. A Senate bill with a House companion may be paired present Member casts a vote, the pair is nullified. with the companion House bill at whatever its stage of consideration, provided both bills are on the same reading. 108. Explanation of Vote—A Member may not explain his or her vote during a roll call, but may reduce his or her explanation to writing, (b) If a bill is reported with an amendment that contains, or is in not more than 200 words, and upon filing with the Clerk, this reported as a committee substitute that contains, an issue that was not explanation shall be spread upon the Journal. in the original bill and that issue is within the jurisdiction of another committee, the Speaker may refer the bill or committee substitute to the VIII. ORDER OF BUSINESS AND CALENDARS other committee having jurisdiction over the additional subject and, if given an additional reference, such bill or committee substitute shall be CHAPTER A. Order of Business considered by such committee prior to its consideration by any fiscal 109. Daily Sessions—The House shall meet each legislative day at committee. 9:30 a.m. or as stated in the motion adjourning the House on the prior (c) Although a committee substitute for a single bill retains all other legislative day on which the House met. references of the original bill, a committee substitute for two or more 110. Daily Order of Business— bills shall have all other references of the original bills rescinded, and the Speaker shall make any subsequent references of the committee (a) When the House convenes on a new legislative day, the daily substitute, if needed. order of business shall be as follows: 114. Reference of Resolutions, Concurrent Resolutions: 1. Call to Order. Exception—All resolutions shall be referred by the Speaker to the Committee on Rules & Calendar, except that resolutions on House 2. Prayer. organization and concurrent resolutions pertaining to extension of the 3. Roll Call. session may be taken up upon motion and adopted at the time of introduction without reference. Concurrent resolutions of a substantive 4. Pledge of Allegiance. nature shall first be referred to an appropriate substantive committee.

5. Correction of the Journal. 115. Resolutions of Condolence, Commendation, or Commemoration Published in Journal—Upon favorable report by 6. Communications. the Committee on Rules & Calendar, a resolution of condolence, 7. Messages from the Senate. commendation, or commemoration may be shown as introduced, read, and adopted by publication in full in the Journal. The Committee on 8. Reports of Councils and Standing Committees. Rules & Calendar shall periodically distribute a list of such resolutions March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 123 at least 1 day prior to the day of their publication, during which time any examination and, if amended, the engrossing of amendments. In the Member may file an objection with the committee to any resolution case of any Senate bill amended in the House, the amendment adopted listed. Each resolution for which an objection has been filed shall be shall be reproduced and attached to the bill amended in such manner removed from the list and placed on the Calendar of the House for that it will not be lost therefrom. ranking or further reference in the same manner as other ceremonial (c) A bill shall be deemed on its third reading when it has been read resolutions placed on the Calendar of the House are ranked or further a second time on a previous day and has no motion left pending. referred. All resolutions without objections shall be printed on the next legislative day in the Journal and presumed adopted. CHAPTER D. Calendars

116. Reference of Local Bills and General Bills of Local 122. Special Orders—Business brought before the House under Application—Local bills and general bills of local application shall be special orders shall be by means of the following calendars: referred by the Speaker to the committee having general jurisdiction over local bills and, if a general bill of local application, to one other (a) Special Order Calendar, on which shall appear only bills placed substantive standing or select committee for procedural and substantive there by the Committee on Rules & Calendar as provided by these review. Rules.

117. Reference of Appropriations or Tax Measures; General (b) General Calendar, on which shall appear only bills arranged by Appropriations and Implementing Bills— date of placement on the General Calendar that have passed all committees of reference unanimously, that have been introduced (a) All bills carrying or affecting appropriations or mandating the unanimously by a committee and received no further reference, or that expenditure of funds by county or city government, all claim bills, and have been authorized as provided under Rule 130. all bills affecting tax matters, whether state or local, may be referred to the appropriate fiscal committee, in addition to substantive committee (c) Trust Fund Calendar, on which shall appear only bills that re- referrals. If the original bill did not affect an appropriation or a tax create trust funds. matter, and an amendment is adopted that calls for or affects an (d) Local Calendar, on which shall appear only bills of a local nature. appropriation or a tax matter, then the bill with the amendment may, upon the recommendation of the Chair of the Fiscal Responsibility (e) Ceremonial Resolutions Calendar, on which shall appear Council and at the Speaker’s discretion, be referred to the appropriate resolutions whose sole intent is to congratulate, commend, recognize, fiscal committee. The bill, if then reported favorably without further console, or otherwise express concern or commendations as set by the amendment, shall be returned to the same reading as when referred. If Committee on Rules & Calendar. further amendments are recommended by committee, the bill shall be 123. Placement of Bills on General Calendar—A bill that returned to second reading. receives a unanimously favorable report with or without amendments (b) The General Appropriations Committee shall consider the from all committees to which it has been referred or a bill that is General Appropriations Bills and implementing bills proposed by the introduced unanimously by a committee and receives no further other appropriations committees within the Fiscal Responsibility reference shall, at an appropriate time determined by the Committee on Council and, after consideration and amendment, may combine such Rules & Calendar, be placed on the General Calendar by the Clerk and proposed committee bills into a single General Appropriations Bill and shall remain pending for 2 days, excluding Saturday and Sunday. If no a single implementing bill, which shall be reported to the Clerk. Member files an objection with the Clerk before the expiration of the 2 days, the bill shall be placed on the General Calendar and shall be CHAPTER C. Readings available for consideration when scheduled by the Committee on Rules & Calendar. An objection filed with the Clerk may not be withdrawn 118. Reading of Bills and Joint Resolutions—Each bill or joint after expiration of the 2-day objection period. resolution shall receive three readings on 3 separate days previous to a vote upon final passage unless two-thirds of the Members decide 124. Consideration of Ceremonial Resolutions Calendars— otherwise. (Florida Constitution, Article III, Section 7, in part: “Any bill The Committee on Rules & Calendar shall prepare and distribute to may originate in either house and after passage in one may be amended each Member a printed Ceremonial Resolutions Calendar at least 1 day in the other. It shall be read in each house on three separate days, unless in advance of consideration. No ceremonial resolution may be placed on this rule is waived by two-thirds vote; provided the publication of its title a Ceremonial Resolutions Calendar for consideration by the House in the journal of a house shall satisfy the requirement for the first unless favorably reported by the Committee on Rules & Calendar. If the reading in that house. On each reading, it shall be read by title only, Committee on Rules & Calendar finds a resolution inappropriate for unless one-third of the members present desire it read in full.”) placement on a Ceremonial Resolutions Calendar, the Speaker shall be “Reading” means the stage of consideration of a bill or joint resolution so advised and shall refer the measure to the appropriate committee for after reading of a portion of the title sufficient for identification, as consideration. A Ceremonial Resolutions Calendar shall contain the determined by the Speaker. resolution number, the sponsor’s name, and a brief description of the title of the resolution. Once a printed Ceremonial Resolutions Calendar 119. Reading of Concurrent Resolutions and Memorials— is distributed, no additional resolutions may be added to it. Concurrent resolutions and memorials shall receive two readings on 2 separate days previous to a voice vote upon adoption, except that 125. Consideration of Local, Trust Fund, and General concurrent resolutions extending a legislative session may be read twice Calendars— without motion on the same legislative day. (a) During any regular session, the Committee on Rules & Calendar 120. Reading of House Resolutions—Each House resolution shall prepare and distribute to each Member a printed Local, Trust shall receive two readings by title only previous to a voice vote upon Fund, or General Calendar at least 1 day in advance of consideration. adoption, except that resolutions of condolence, commendation, or commemoration may be shown as introduced, read, and adopted by (b) During any extended or special session, the Committee on Rules publication in full in the Journal in accordance with Rule 115. & Calendar shall prepare and distribute to each Member a printed Local, Trust Fund, or General Calendar at least 6 hours in advance of 121. Measures on Third Reading— consideration.

(a) Bills on third reading shall be taken up in the order in which the (c) Once a printed Local, Trust Fund, or General Calendar is House concluded action on them on second reading. distributed, no additional bills may be added to it.

(b) Before any bill shall be read the third time, whether amended or 126. Procedure for Consideration of Local, Trust Fund, not, it shall be referred without motion to the Engrossing Clerk for General, and Ceremonial Resolutions Calendars—During the 124 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 consideration of Local, Trust Fund, General, and Ceremonial (b) EXTENDED AND SPECIAL SESSIONS. Resolutions Calendars, the following procedures shall be observed: (1) If the Legislature extends a legislative session, all bills on the (a) GENERAL CALENDAR. Calendar at the time of expiration of the regular session shall be placed in the Committee on Rules & Calendar. (1) The Speaker shall allow not more than 3 minutes on each reading for the consideration of a bill on a General Calendar; however, any time (2) During any extended or special session, all bills upon being taken to adopt amendments recommended by committee or technical reported favorably by the last committee of reference shall be placed in amendments by the Committee on Rules & Calendar does not count the Committee on Rules & Calendar. against the 3-minute time limit. Any bill on a General Calendar may be contested prior to the conclusion of second reading, either formally or by (3) During any extended or special session, the Committee on Rules exceeding the time limit for consideration; however, upon third reading, & Calendar shall establish a Special Order Calendar and only those bills such a bill may not be contested and the time limit shall bring final on such Special Order Calendar shall be placed on the Calendar of the passage of the bill to a vote. House. (2) If any bill on a General Calendar is contested on the floor of the (4) During any extended or special session, the Committee on Rules House prior to the conclusion of second reading, whether formally or by & Calendar shall publish the Special Order Calendar no later than 2 exceeding the time limit for consideration, the bill shall be removed from hours prior to its presentation to the House. the pending calendar and placed on the Calendar of the House. Any bill on such a calendar shall be considered contested if, during consideration 128. Consideration of Bills Out of Regular Order—A bill not thereof prior to the conclusion of second reading, notice is given by five included on the Special Order Calendar may be considered by the House or more Members indicating that they intend to oppose the bill, either upon two-thirds vote of the Members present and voting. by a raising of hands or by the delivery of written notice of contest to the Chair of the Committee on Rules & Calendar. In addition, any bill on 129. Requirements for Placement on a Calendar—No measure such a calendar on which second reading has not been concluded shall may be placed on a calendar until it has been reported favorably by each be considered contested if debate exceeds 3 minutes. The Speaker shall committee of reference. All bills, resolutions, and memorials, on being strictly enforce this time limit. reported from the last committee of reference, shall be placed before the (b) LOCAL, TRUST FUND, AND CEREMONIAL RESOLUTIONS appropriate council for ranking except for resolutions to be adopted, CALENDARS. without objection, by publication in the Journal as provided in Rule 115 or bills or resolutions placed on a Local, Trust Fund, General, or (1) If any bill or resolution on a Local, Trust Fund, or Ceremonial Ceremonial Resolutions Calendar for consideration as provided in Rules Resolutions Calendar is to be contested on the floor of the House, the 124, 125, and 126. Speaker shall cause the bill to be removed from the pending Calendar and placed on the Calendar of the House. Any bill or resolution on such 130. Request for Placement on Local, Trust Fund, General, or a calendar shall be considered contested if, during consideration thereof, Ceremonial Resolutions Calendar—Except as provided in Rule 123, notice is given by five or more Members indicating that they intend to no bill or resolution may be considered for placement on a Local, Trust oppose the bill, either by a raising of hands or by the delivery of written Fund, General, or Ceremonial Resolutions Calendar unless a request for notice of contest to the Chair of the Committee on Rules & Calendar. that placement has been made to and approved by the Chair of the (2) Any bill on the Local Calendar that fails to meet the committee from which the bill or resolution was first reported. The requirements of Rule 44 shall be removed from the pending Local recommendation of such Chair shall be advisory only, and the Calendar and placed on the Calendar of the House. Committee on Rules & Calendar shall have final authority to determine whether a bill or resolution shall be placed on a Local, Trust Fund, 127. Special Order Calendar— General, or Ceremonial Resolutions Calendar. If the Committee on (a) REGULAR SESSION. Rules & Calendar determines that a bill or resolution is not appropriate for placement on a Local, Trust Fund, General, or Ceremonial (1) The Committee on Rules & Calendar may draw from bills on any Resolutions Calendar, the measure shall be ranked in accordance with calendar or council ranking report for placement on a Special Order Rule 59. Calendar. When preparing a Special Order Calendar for submission to the House, the Committee on Rules & Calendar shall consider the CHAPTER E. Consideration Limits council ranking reports submitted to it. 131. Consideration Limits to Bills After Day 55—After the 55th (2) The Committee on Rules & Calendar shall periodically submit, calendar day of a regular session, no House bills on second reading may as needed, a Special Order Calendar determining the priority for be taken up and considered by the House. consideration of legislation. Any amendment of a report proposing a Special Order Calendar requires a two-thirds vote of the Members 132. Consideration Limits After Day 58—After the 58th present and voting. Upon adoption of a Special Order Calendar, no other calendar day of a regular session, the House may consider only: bills shall be considered for the time period set forth for that Special Order Calendar, except that any bill appearing on that Special Order (a) Senate Messages. Calendar may be stricken from it by a two-thirds vote of the Members (b) Conference Reports. present and voting or any bill may be added to it pursuant to Rule 128. A previously adopted Special Order Calendar shall expire upon adoption (c) Concurrent Resolutions. by the House of a new Special Order Calendar. IX. PARLIAMENTARY PROCEDURE (3) During the first 45 calendar days of a regular session, the Committee on Rules & Calendar shall publish the Special Order 133. Motions: How Made—Every motion shall be made orally, Calendar in two Calendars of the House, and it may be taken up on the except when requested by the Speaker to be reduced to writing as day of the second published calendar. After the 45th calendar day of a specified in Rule 149. regular session, the Committee on Rules & Calendar shall publish the Special Order Calendar no later than 24 hours prior to its presentation 134. Precedence of Motions During Debate—When a question to the House. is under debate, the Speaker shall receive no motion except: March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 125

(1) To adjourn at a time certain; 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 (2) To adjourn; business.

(3) To recess to a time certain; (b) The Clerk shall retain possession of all bills and joint resolutions (4) To lay on the table; for the period after passage during which reconsideration may be moved; however, during the last 14 calendar days allowed under the (5) To reconsider; Florida Constitution for a regular session and during any extensions thereof, or during any special session, these shall be transmitted to the (6) For the previous question; Senate forthwith.

(7) To limit debate; (c) The adoption of a motion to suspend the Rules and immediately (8) To temporarily postpone; certify any bill to the Senate shall be construed as releasing the measure from the Clerk’s possession for the period of reconsideration. Local bills, (9) To postpone to a time or day certain; concurrent resolutions, and memorials shall be transmitted to the Senate without delay. Messages relating to procedural motions, to (10) To refer to or to recommit to committee; House action on Senate amendments, or to conference committee (11) To amend; reports shall be transmitted forthwith.

(12) To postpone indefinitely; and 140. Motion for the Previous Question—

(13) To amend by striking out the enacting or resolving clause; (a) The previous question may be asked and ordered upon any debatable single motion, series of motions, or amendment pending, and which several motions shall have precedence in the descending order the effect thereof shall be to conclude all action on the same day. If third given. reading is reached on another day, the order for the previous question must be renewed on that day. 135. Questions of Order Decided Without Debate—All procedural questions of order, arising after a motion is made for any of (b) The motion for the previous question shall be decided without the motions named in Rule 134 and pending that motion, shall be debate. If the motion prevails, the sponsor of a bill or debatable motion decided by the Speaker without debate, whether on appeal or otherwise; and an opponent shall be allowed 3 minutes each within which to however, the Speaker may ask the House for comment. discuss the same, and each may divide the time with, or waive this right in favor of, some other Member. The motion for the previous question 136. Division of Question—Any Member may call for a division of shall be put in the following form: “Shall the main question be now put?” a question when the sense will admit of it. A motion to strike out and insert shall be deemed indivisible. A motion to strike out, being lost, (c) If the motion for the previous question is adopted, the sense of the shall neither preclude amendment nor a motion to strike out and insert. House shall be taken forthwith on pending amendments and the main question in the regular order. If amendments have been adopted, the 137. Motion to Recess to a Time Certain—A motion to recess to regular order shall include adoption of title amendments. 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 (d) The motion for the previous question may not be made by the can be amended as to the time to recess and duration of the recess. It sponsor or mover. yields only to a motion to adjourn. 141. Motion to Temporarily Postpone—The motion to 138. Motion to Lay on the Table—A motion to lay on the table is temporarily postpone shall be decided without debate and shall cause a not debatable and cannot be amended; however, before the motion is measure to be set aside but retained on the desk. If a main question has put, the sponsor of a bill or debatable motion shall be allowed 5 minutes been temporarily postponed after having been debated or after motions within which to discuss the same and may divide the time with, or waive have been applied and is not brought back before the House on the same this right in favor of, some other Member. A motion to table a main legislative day, it shall be placed in unfinished business on the Calendar question requires a majority vote. A motion to lay an amendment on the of the House. If a main question is temporarily postponed before debate table, if adopted, does not carry with it the measure to which it adheres. has commenced or motions have been applied, its reading shall be A motion to lay an amendment on the table may be adopted by a considered a nullity and the bill shall retain its original position on the majority vote. order of business. The motion to return to consideration of a temporarily postponed main question shall be made under the proper order of 139. Motion to Reconsider— business when no other matter is pending. If applied to a collateral (a) When a motion or main question has been made and carried or matter, the motion to temporarily postpone shall not cause the main lost, it shall be in order at any time as a matter of right on the same or question to be carried with it. After having been temporarily postponed, succeeding legislative day for a Member voting with the prevailing side, if a collateral matter is not brought back before the House in the course or for any Member in the case of a voice or tie vote, to move for of consideration of the adhering or main question, it shall be deemed reconsideration thereof. When a majority of Members vote in the abandoned. affirmative but the proposition is lost because it is one in which the 142. Motion to Amend— concurrence of a greater number than a majority is necessary for adoption or passage, any Member may move for a reconsideration. No (a) Amendments shall be stored on the legislative computer in a bill referred or recommitted to a committee, by a vote of the House, shall format approved by the Clerk. be brought back into the House on a motion to reconsider. The motion to reconsider shall require a majority vote for its adoption, and such (b) Title amendments, if required, may be set forth on the same form motion shall not be renewed on any proposition, after once being below the body of an amendment. considered by vote of the House, except by unanimous consent. Debate (c) The sponsor of an amendment shall file with the Clerk a printed shall be allowed on a motion to reconsider only when the question that original of the amendment, which shall be free of interlineations and it is proposed to reconsider is debatable. When debate upon a motion to which shall include as a part of its original printed text the name of the reconsider is in order, no Member shall speak thereon more than once sponsor, the bill number, and the page and line to be amended. nor for more than 5 minutes. The adoption of a motion to reconsider a Amendment cosponsors may be added on forms provided by the Clerk. vote upon any secondary matter shall not remove the main subject under consideration from consideration of the House. A motion to (d) Amendments shall be taken up only as sponsors gain recognition reconsider a collateral matter must be disposed of at once during the from the Speaker to move their adoption, except that the Chair of the 126 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 committee (or, in the absence of the Chair, the Vice Chair or any (1) That the House recede. member thereof) reporting the measure under consideration shall have (2) That the House insist and ask for a conference committee. preference for the presentation of committee amendments. (3) That the House insist. (e) Upon motion, committee amendments may be adopted en bloc. (m) The Speaker may, upon determining that a Senate amendment (f) The adoption of an amendment to a section shall not preclude substantially changes the bill as passed by the House, refer the Senate further amendment of that section. If a bill is being considered section message, with the bill and Senate amendment or amendments, to the by section or item by item, only amendments to the section or item under appropriate House committee or committees for review and report to the consideration shall be in order. House. The Speaker, upon such reference, shall announce the date and time for the committee or committees to meet. The committee or (g) For the purpose of this Rule, an amendment shall be deemed committees shall report to the House the recommendation for pending only after its proposer has been recognized by the Speaker and disposition of the Senate amendment or amendments under one of the has moved its adoption. four options presented in subsection (k). The report shall be given to the (h) During the first 45 calendar days of a regular session, no Member House, in writing, by the Chair of the reporting committee. floor amendment shall be considered unless a printed original of the (n) A motion for reconsideration of an amendment on third reading amendment has been delivered to the Clerk in the required form prior requires a two-thirds vote of the Members present and voting for to 3:00 p.m. of the day, excluding Saturday and Sunday, preceding the adoption. daily session at which the sponsor seeks to offer the amendment, and no amendment to the amendment or substitute amendment shall be (o) Except for amendments recommended by committees and offered unless a printed original of the amendment to the amendment technical amendments by the Committee on Rules & Calendar, no or substitute amendment has been delivered to the Clerk not later than amendments to bills on the General Calendar may be considered. 5:00 p.m. of the day, excluding Saturday and Sunday, preceding the 143. Motion to Amend by Striking Out Enacting or Resolving daily session at which the sponsor seeks to offer the main amendment. Clause—An amendment to strike out the enacting clause of a bill or the After the 45th calendar day of a regular session or during any extended resolving clause of a resolution or memorial shall, if carried, be or special session, no Member floor amendment shall be considered considered as equivalent to rejection of the bill, resolution, or memorial unless a printed original of the amendment has been delivered to the by the House. Clerk in the required form at least 1 hour prior to the daily session at which the sponsor seeks to offer the amendment, and no amendment to 144. Sequence of Amendments to Amendments—An the amendment or substitute amendment shall be offered unless a amendment to a pending amendment may be received, but until it is printed original of the amendment to the amendment or substitute disposed of no other motion to amend will be in order except a substitute amendment has been delivered to the Clerk not later than 30 minutes amendment or an amendment to the substitute. Such amendments are prior to the daily session at which the sponsor seeks to offer the main to be disposed of in the following order: amendment. By a majority vote, the time limitation for filing any (1) Amendments to the amendment are voted on before the amendment may be waived. substitute is taken up. Only one amendment to the amendment is in order at a time. (i) A motion to amend is in order during the second or third reading of any bill. Amendments proposed on third reading shall require a two- (2) Amendments to the substitute are next voted on. thirds vote of the Members present and voting for adoption, except that technical amendments introduced in the name of the Committee on (3) The substitute then is voted on. The adoption of a substitute Rules & Calendar shall require a majority vote for adoption. amendment in lieu of an original amendment shall be treated and considered as an amendment of the bill itself. (j) Whenever an amendment is offered to a General Appropriations Bill that would increase any line item of such bill, such amendment shall show the amount by line item of the increase and shall, from within the jurisdiction of the same fiscal standing committee, decrease a line item or items in an amount or amounts equivalent to or greater than the increase required by the amendment. Any floor amendment to the General Appropriations Bill that proposes to move spending authority between sections of the bill shall require a two-thirds vote of the Members present and voting.

(k) After the reading of a Senate amendment to a House bill, the 145. Germanity of House Amendments— following motions shall be in order and shall be privileged in the order named: (a) The House shall not consider an amendment that relates to a different subject or is intended to accomplish a different purpose than (1) Amend the Senate amendment by a concurrence of the majority that of the pending question or that, if adopted and passed, would required for the final passage of the bill. require a title amendment for the proposal that is substantially (2) Concur in the Senate amendment by a concurrence of the same different from the proposal’s original title or that would unreasonably majority required for the final passage of the bill. alter the nature of the proposal.

(3) Refuse by the majority of the required quorum to concur and ask (b) The Speaker shall rule on the admissibility of any amendment when the question of germanity is timely raised. the Senate to recede. (c) House amendments that are not germane include: (4) Request the Senate to recede and, failing to do so, to appoint a conference committee to meet with a like committee appointed by the (1) A general proposition amending a specific proposition. Speaker. (2) An amendment amending a statute or session law when the (l) If the Senate refuses to concur in a House amendment to a Senate purpose of the bill is limited to repealing such law, or an amendment bill, the following motions shall be in order and shall be privileged in the repealing a statute or session law when the purpose of the bill is limited order named: to amending such law. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 127

(3) An amendment that substantially expands the scope of the bill. (e) A motion to withdraw a bill from further consideration of the House shall require an affirmative vote of two-thirds of the Members (4) An amendment to a bill when legislative action on that bill is by present and voting. However, the first-named sponsor of a bill may, law or these Rules limited to passage, concurrence, indefinite prior to its introduction, withdraw the bill by letter to the Clerk. postponement, or nonconcurrence as introduced. 152. Motion to Recommit— (d) Amendments that are germane include: (a) After a committee report on a bill has been received by the Clerk, (1) A specific provision amending a general provision. the bill may not be recommitted by the House to any committee except (2) An amendment that accomplishes the same purpose in a by a majority vote. different manner. (b) A motion to recommit to committee a bill that is before the House (3) An amendment limiting the scope of the proposal. may be made during the regular order of business. The motion shall be debatable only as to the propriety of that reference and shall require an (4) An amendment providing appropriations necessary to fulfill the affirmative majority vote. original intent of a proposal. (c) Upon the third reading of any bill, it may not be committed to any (5) An amendment relating only to clarification of details. committee, except to the appropriate fiscal committee as provided (6) An amendment that changes the effective date of a repeal, elsewhere in these Rules. reduces the scope of a repeal, or adds a short-term nonstatutory X. GENERAL PROVISIONS transitional provision to facilitate repeal. CHAPTER A. Public Records (e) An amendment of the second degree or a substitute amendment must be germane to both the main amendment and the measure to 153. Legislative Records—There shall be available for public which it adheres. inspection, whether maintained in Tallahassee or in a district office, the papers and records developed and received in connection with official 146. Amendments Out of Order—An amendment is out of order legislative business, except as provided in section 11.0431, Florida if it is the principal substance of a bill that has received an unfavorable committee report, has been withdrawn from further consideration by Statutes, or other provision of law. the sponsor, or has not been reported favorably by all committees of 154. Legislative Records: Maintenance, Control, Destruction, reference and may not be offered to a bill on the Calendar and under Disposal, and Disposition— consideration by the House. Any amendment that is substantially the same, and identical as to specific intent and purpose, as the measure (a) Records that are required to be created by these Rules or that are residing in the committee or committees of reference is covered by this of vital, permanent, or archival value shall be maintained in a safe Rule. location that is easily accessible for convenient use. No such record need be maintained if the substance of the record is published or retained in 147. Motion to Postpone Indefinitely—Motions to postpone another form or location. Whenever necessary, but no more often than indefinitely shall be applicable only to a main question. The adoption of annually nor less often than biennially, records required to be a motion to postpone a bill indefinitely shall dispose of such bill for the maintained may be transferred to the Legislative Library Service of the duration of the legislative session and all extensions thereof. Any motion Division of Library and Information Services of the Department of State to postpone consideration to a time beyond the last day allowed under for retention in accordance with law. the Florida Constitution for the current legislative session shall be construed as a motion to postpone indefinitely. (b) Other records that are no longer needed for any purpose and that 148. Dilatory Motions—No dilatory or delaying motions shall be do not have sufficient administrative, legal, or fiscal significance to entertained by the Speaker. warrant their retention shall be disposed of systematically. 149. Motions in Writing—Upon request of the Speaker, all (c)(1) The committee administrative assistant for each existing motions shall be reduced to writing and shall be read to the House by committee shall ensure compliance with this Rule for all records created the Speaker before being acted upon. or received by the committee or for a former committee whose jurisdiction has been assigned to the committee. 150. Withdrawal of Motions—After a motion is stated by the Speaker, or a bill or petition is read by the Clerk, it is in the possession (2) The council administrative assistant for each existing council of the House and may not be withdrawn without leave. The mover may shall ensure compliance with this Rule for all records created or received withdraw a motion at any time before it has been amended or a vote on by the council or for a former council whose jurisdiction has been it has commenced, except that a motion to reconsider may be withdrawn assigned to the council. only on the day made. (3) The Speaker, the Speaker pro tempore, the Minority Leader, the 151. Motions to Withdraw or Refer Bills— Majority Leader, and the Sergeant at Arms shall ensure compliance with this Rule for all records created or received by their respective (a) Any Member may, no later than under the order of business of offices and their predecessors in office. Motions Relating to Committee References on the legislative day following reference of a bill, move for reference from one committee to (4) Each Member shall ensure compliance with this Rule for all a different committee, which shall be decided by a majority vote. records created or received by the Member or the Member’s district office. (b) A motion to withdraw a bill from committee, or to refer a bill from one committee to another committee other than as provided in (5) The director of an ancillary House office shall ensure compliance subsection (a), may be made during the regular order of business and with this Rule for all records created or received by the director’s office. shall require an affirmative vote of two-thirds of the Members present and voting. (6) The Clerk shall ensure compliance with this Rule for all other records created or received by the House of Representatives. (c) A motion to refer a bill to an additional committee may be made during the regular order of business and shall require an affirmative (d) If a committee, council, or office is not continued in existence, the vote of two-thirds of the Members present and voting. records of such committee, council, or office shall be forwarded to the committee, council, or office assuming the jurisdiction or responsibility (d) A motion to refer shall be debated only as to the propriety of the of the former committee, council, or office, if any. Otherwise, such reference. records shall be forwarded to the Clerk. 128 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

(e) The Clerk, with the approval of the Speaker, shall establish a XII. DUE PROCESS PROCEDURES—COMPLAINTS schedule of reasonable and appropriate fees for copies of legislative records and documents; however, there shall be no charge for a single CHAPTER A. Members and Officers of the House copy of any individual, separately obtained bill (other than a General 163. Complaints of Violations of the Standards of Conduct By Appropriations Bill) or a bill research & economic impact statement or Members and Officers of the House; Procedure— other record required by these Rules to be created. (a) FILING OF COMPLAINTS. The Chair of the Committee on CHAPTER B. Distribution of Documents Rules & Calendar shall receive and initially review allegations of 155. Distribution of Documents—Documents required by these improper conduct that may reflect upon the House, violations of law, Rules to be printed or published may be produced and distributed on violations of the House Code of Conduct, and violations of the Rules and paper or in electronic form. regulations of the House relating to the conduct of individuals in the performance of their duties as Members or officers of the House. CHAPTER C. House Seal Complaints of improper conduct against the Chair of the Committee on Rules & Calendar shall be reviewed and managed by the Speaker or, if 156. House Seal— designated by the Speaker, the Speaker pro tempore.

(a) REQUIREMENT. There shall be an official seal of the House of (1) Review of Complaints. The Chair of the Committee on Rules & Representatives. The seal shall be used only by or on behalf of a Member Calendar shall review each complaint submitted to the committee or officer of the House or when specifically authorized in writing by the relating to the conduct of a Member or officer of the House. Committee on Rules & Calendar. (2) Complaints. (b) CONFIGURATION. The seal shall be a circle, having, in the center thereof, a view of the sun’s rays over a highland in the distance, a. A complaint shall be in writing and under oath, setting forth in a sabal palmetto palm tree, a steamboat on the water, and a Native simple, concise statements the following: American female scattering flowers in the foreground, encircled by the 1. The name and legal address of the party filing the complaint words “House of Representatives.” (complainant); (c) USE. Unless a written exception is otherwise granted by the 2. The name and position or title of the Member or officer of the Speaker: House (respondent) alleged to be in violation of the House Code of (1) Material carrying the official seal shall be used only by a Conduct or a law, rule, regulation, or other standard of conduct; Member, officer, or employee of the House or other persons employed or 3. The nature of the alleged violation, based upon the personal retained by the House. knowledge of the complainant, including, if possible, the specific section (2) The use, printing, publication, or manufacture of the seal, or of the House Code of Conduct or law, rule, regulation, or other standard items or materials bearing the seal or a facsimile of the seal, shall be of conduct alleged to have been violated; and limited to official business of the House or official legislative business. 4. The facts alleged to have given rise to the violation. (d) CUSTODIAN. The Clerk shall be the custodian of the official b. All documents in the possession of the complainant that are seal. relevant to, and in support of, the allegations shall be attached to the XI. RULES complaint. 157. Initial Adoption of Rules of the House—The initial (3) Processing Complaint and Preliminary Findings. adoption of the Rules of the House shall require a majority vote. Once a. Upon the filing of a complaint, the Chair shall, within 5 working adopted, the Rules of the House shall remain in effect, unless suspended days, notify the Member or officer against whom the complaint has been or amended as provided in these Rules. filed and give such person a copy of the complaint. Within 20 days, the 158. Suspension of Rules of the House—Any Rule of the House Chair shall take the necessary actions as provided in subparagraphs may be suspended by a two-thirds vote of the Members present and b.-g. voting; however, the suspension shall apply only to the matter under b. The Chair shall examine each complaint for jurisdiction and for immediate consideration and shall not extend beyond adjournment of a compliance with paragraph (a)(2). session day. c. If the Chair determines that a complaint does not comply with 159. Amending Rules of the House—No Rule of the House may such Rule, the complaint shall be returned to the complainant with a be amended except by a report or resolution from the Committee on general statement that the complaint is not in compliance with such Rules & Calendar adopted by the House by majority vote. A report or Rule and with a copy of the Rule. A complainant may resubmit a resolution of the Committee on Rules & Calendar proposing complaint provided such complaint is resubmitted prior to the amendments to these Rules is always in order; however, any expiration of the time limitation set forth in subsection (o). amendment of such a report or resolution prior to its adoption requires a two-thirds vote of the Members present and voting. d. If the Chair determines that the verified complaint does not allege facts sufficient to constitute a violation of any of the provisions of the 160. Parliamentary Authorities—In all cases not provided for by House Code of Conduct, or a law, rule, regulation, or other standard of the Florida Constitution, the Rules of the House, or the Joint Rules of conduct, the Chair shall dismiss the complaint and notify the the Senate and House, the guiding, but nonbinding, authority shall be complainant and the respondent of such action. first the Rulings of the Speaker and then the latest edition of Mason’s Manual of Legislative Procedure. e. If the Chair determines that the complaint is outside the jurisdiction of the House, the Chair shall dismiss the complaint and 161. Majority Action—Unless otherwise indicated by these Rules, notify the complainant and the respondent of such action. all action by the House or its committees or councils shall be by majority vote of those Members present and voting. When the body is equally f. If the Chair determines that a violation is inadvertent, technical, divided, the question is lost. or otherwise of a de minimis nature, the Chair may attempt to correct or prevent such a violation by informal means. 162. “Days” Defined—Wherever used in these Rules, a “legislative” day means a day when the House convenes and a quorum g. If the Chair determines that such a complaint does allege facts is present. All other references to “days” mean “calendar” days. sufficient to constitute a violation of any of the provisions of the House March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 129

Code of Conduct, or a law, rule, regulation, or other standard of conduct, (2) Probable Cause Finding. and that the complaint is not de minimis in nature, the Chair shall, within 20 days, transmit a copy of the complaint to the Speaker and, in a. Findings. writing, request the appointment of a Probable Cause Panel or Special 1. The panel, by a recorded vote of a majority of the full panel, or the Master regarding the complaint. A copy of the letter shall be provided Special Master, as appropriate, shall determine whether there is to the complainant and the respondent. probable cause to conclude that a violation within the jurisdiction of the (4) Withdrawal of Complaints. A complaint may be withdrawn at panel or the Special Master has occurred. any time. 2. If the panel or Special Master, as appropriate, finds that probable (b) PROBABLE CAUSE PANEL OR SPECIAL MASTER. cause does not exist, the panel or Special Master shall dismiss the complaint and notify the complainant and the respondent of its (1) Creation. Whenever the Speaker receives a copy of a complaint determination. and request made pursuant to subsection (a), the Speaker shall, within 20 days, either appoint a Probable Cause Panel (the panel) consisting of 3. If the panel or Special Master, as appropriate, determines that an odd number of members or appoint a Special Master. If the Speaker probable cause exists to believe that a violation occurred but that the appoints a Probable Cause Panel, the Speaker shall also appoint one violation, if proven, is neither of a de minimis nature nor sufficiently member of the panel as its Chair. The Speaker may appoint up to two serious to justify expulsion, censure, or reprimand, the panel or Special additional persons who are not Members of the House to serve as Master may recommend an appropriate, lesser penalty or may resolve nonvoting, public members of a Probable Cause Panel. the complaint informally. If the respondent agrees, a summary of the panel’s conclusions or Special Master’s conclusions, as is appropriate, (2) Powers and Duties. The members of the panel or the Special shall be published in the House Journal and the penalty agreed upon Master shall have the following powers and duties: shall be imposed. If the panel or Special Master is unable to a. Investigate complaints and make appropriate findings of fact satisfactorily settle the complaint, the complaint shall be subject to a promptly regarding allegations of improper conduct sufficient to full evidentiary hearing before the Select Committee on Standards of establish probable cause of violations of law, violations of the House Official Conduct pursuant to subsection (d). Code of Conduct, and violations of Rules and regulations of the House 4. If the panel or Special Master determines that probable cause relating to the conduct of individuals in the performance of their duties exists to believe that a violation occurred and that, if proven, would be as Members or as officers of the House; sufficiently serious to justify expulsion, censure, or reprimand, the panel b. Based upon the investigation by the Special Master or the panel, or Special Master shall cause to be transmitted to the respondent a make and report findings of probable cause to the Speaker and to the Statement of Alleged Violation. The statement shall be divided into House as it relates to the complaint that occasioned the appointment of counts, and each count shall be related to a separate violation and shall the Probable Cause Panel or the Special Master; contain a plain and concise statement of the alleged facts of such violation, including a reference to the provision of the House Code of c. Recommend to the Committee on Rules & Calendar such Conduct or law, rule, regulation, or other standard of conduct alleged to additional Rules or regulations as the Probable Cause Panel or the have been violated. A copy of the statement shall also be transmitted to Special Master shall determine as necessary or desirable to ensure the Speaker. proper standards of conduct by Members and officers of the House in the performance of their duties and the discharge of their responsibilities; b. Collateral Proceedings. If the complaint against a Member or officer of the House has been the subject of action before any other body, d. Adopt rules of procedure as appropriate. the panel or Special Master may forward the complaint directly to a (3) Quorum. A quorum of a Probable Cause Panel, when appointed, hearing pursuant to subsection (d). shall consist of a majority of the members of the panel. All action by a (d) HEARING. Probable Cause Panel shall require the concurrence of a majority of the full panel. (1) Select Committee on Standards of Official Conduct. Upon receipt by the Speaker of a Statement of Alleged Violation, the Speaker shall (4) Term. A Probable Cause Panel or Special Master, as appropriate, appoint, within 20 days, a Select Committee on Standards of Official shall serve until the complaint that occasioned the appointment of the Conduct (the select committee) to hold hearings regarding the panel or the Special Master has been dismissed or until a finding of statement and make a recommendation for disciplinary action to the full probable cause has been transmitted to the Speaker. House. Upon the receipt by the Speaker of a complaint and findings by (c) PRELIMINARY INVESTIGATION AND PROBABLE CAUSE the Commission on Ethics regarding a Member of the House, the FINDING. Speaker shall appoint, within 20 days, a Select Committee on Standards of Official Conduct to hold hearings to determine whether a violation (1) Preliminary Investigation. has occurred and, if so, to make a recommendation for disciplinary a. The Probable Cause Panel or the Special Master shall provide the action to the full House. respondent an opportunity to present to the panel, the Special Master, (2) Hearing. A hearing regarding a violation charged in a Statement or staff of the panel, orally or in writing, a statement addressing the of Alleged Violation or in a complaint and findings by the Commission allegations. on Ethics shall be held promptly to receive evidence upon which to base b. The panel, Special Master, or the staff of the panel may interview findings of fact and recommendations, if any, to the House respecting witnesses and examine documents and other evidentiary matters. such violation.

c. The panel or Special Master may order the testimony of witnesses a. Chair. The Chair of the select committee or other member to be taken under oath, in which event the oath may be administered by presiding at a hearing shall rule upon any question of admissibility of the Chair or any other member of the panel, by the Special Master, or testimony or evidence presented to the select committee. Rulings shall by any person authorized by law to administer oaths. be final unless reversed or modified by a majority vote of the members of the select committee. If the select committee appoints a referee d. The panel or Special Master may require, by subpoena issued pursuant to subsection (i), the referee shall make all evidentiary rulings. pursuant to these Rules or otherwise, the attendance and testimony of witnesses and the production of such books, records, correspondence, b. Referee. The select committee shall serve as referee for all memoranda, papers, documents, and other items as it deems necessary proceedings under these Rules, unless the select committee retains an to the conduct of the inquiry. independent referee pursuant to subsection (i). 130 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

c. Prosecutor. The select committee’s staff shall serve as a legal (4) Burden of Proof. At the hearing, the burden of proof rests on the advisor to the committee. The select committee may retain independent appointed independent counsel to establish the facts alleged by clear counsel pursuant to subsection (j) to serve as prosecutor in all and convincing evidence with respect to each count. proceedings conducted under these Rules. (e) COMMITTEE RECOMMENDED ORDER. d. Respondent’s Rights. The respondent shall have the right to be represented by legal counsel, to call witnesses, to introduce exhibits, and (1) Committee Deliberations. As soon as practicable, the select to cross-examine opposing witnesses. The respondent or respondent’s committee shall consider each count contained in a statement of alleged counsel shall be permitted to take the deposition of the complainant in violation or in a complaint and findings, as the case may be. A count accordance with sub-subparagraph (d)(3)a.3. 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 e. Complainant’s Rights. The complainant is not a party to any part proved shall be considered as dismissed by the select committee. of the complaint process or these proceedings. The complainant has no standing to challenge these Rules or procedures and has no right to (2) Dismissal of Complaint. After the hearing, the select committee appeal. The complainant may submit a list of witnesses or questions for shall, in writing, state its findings of fact. If the select committee finds the select committee’s consideration to assist in its preparation for the that the respondent has not violated any of the provisions of the House hearing. 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 (3) Procedures. the complainant of such action.

a. Procedure and Evidence. (3) Recommended Order. 1. Procedure. The select committee may adopt rules of procedure as a. Recommended Order. If the select committee finds that the appropriate to its needs. respondent has violated any of the provisions of the House Code of 2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence Conduct, or a law, rule, regulation, or other standard of conduct, it shall, shall be excluded, but all other evidence of a type commonly relied upon in writing, state its findings of fact and submit a report to the House. A by reasonably prudent persons in the conduct of their affairs shall be copy of the report shall be sent to the respondent and the complainant admissible, whether or not such evidence would be admissible in a trial and shall be published in the House Journal. in the courts of Florida. However, hearsay evidence may not be used b. Penalty. With respect to any violation with which a Member or unless same would be admissible under the Florida Rules of Evidence officer of the House is charged in a count that the select committee has and it shall not be sufficient in itself to support a factual finding unless voted as proved, the select committee may recommend to the House that it would be admissible over objection in civil actions. the Member or officer be fined, censured, reprimanded, placed on 3. Discovery. Discovery may be permitted upon motion, which shall probation, or expelled, as appropriate, or may recommend such other state the reason therefor. Discovery shall be in accordance with the lesser penalty as may be appropriate. Florida Rules of Civil Procedure, but may be limited in time, scope, and method by the Chair or the referee. (f) PROPOSED RECOMMENDED ORDER. 4. Testimony. The select committee shall order the testimony of (1) Referee. When a hearing is conducted by referee, as provided in witnesses to be taken under oath, in which event the oath may be subsection (i), the referee shall prepare a proposed recommended order administered by the Chair or a member of the select committee, by any and file it, together with the record of the hearing, with the select referee appointed pursuant to subsection (i), or by any person committee. Copies of the proposed recommended order shall be served authorized by law to administer oaths. on all parties. 5. Subpoenas. The select committee may require, by subpoena (2) Proposed Recommended Order. The proposed recommended issued pursuant to these Rules or otherwise, the attendance and order will contain the time and place of the hearing, appearances testimony of witnesses and the production of such books, records, entered at the hearing, issues, and proposed findings of fact and correspondence, memoranda, papers, documents, and other items as it conclusions of law. deems necessary to the conduct of the inquiry. (3) Exceptions. The respondent and the independent counsel may b. Order of Hearing. The order of the full hearing before the select file written exceptions with the select committee in response to a committee or the referee shall be as follows: referee’s recommended order. Exceptions shall be filed within 20 days after service of the recommended order unless such time is extended by 1. The Chair or the referee shall open the hearing by stating the the referee or the Chair of the select committee. select committee’s authority to conduct the hearing, the purpose of the hearing, and its scope. (4) Recommended Order. The select committee shall deliberate and render a recommended order pursuant to the provisions of subsection 2. Testimony from witnesses and other evidence pertinent to the (e). subject of the hearing shall be received in the following order, whenever possible: witnesses and other evidence offered by the independent (g) CONSENT DECREE. At any stage of the proceedings, the counsel, witnesses and other evidence offered by the respondent, and respondent and the select committee may agree to a consent decree. The rebuttal witnesses. The select committee may call witnesses at any time consent decree shall state findings of fact and shall be published in the during the proceedings. House Journal. The consent decree shall contain such penalty as may be appropriate. If the House accepts the consent decree, the complaint 3. Witnesses at the hearing shall be examined first by the pursuant to these proceedings shall be resolved. If the House does not independent counsel. The respondent or the respondent’s counsel may accept the consent decree, the proceedings before the select committee then cross-examine the witnesses. The members of the select committee shall resume. may then question the witnesses. Redirect and recross may be permitted in the Chair’s or the referee’s discretion. With respect to witnesses (h) CONFIDENTIALITY. Any material provided to the House in offered by the respondent, a witness shall be examined first by the response to a complaint filed under this Rule that is confidential under respondent or the respondent’s counsel, and then may be cross- applicable law shall remain confidential and shall not be disclosed examined by the independent counsel. Members of the select committee except as authorized by applicable law. Except as otherwise provided in may then question the witness. Redirect and recross may be permitted this section, a complaint and the records relating to a complaint shall be in the Chair’s or the referee’s discretion. Participation by the select available for public inspection upon the dismissal of a complaint by the committee at the hearing stage is at the sole discretion of the select Chair of the Committee on Rules & Calendar, a determination as to committee and is not mandatory. probable cause or informal resolution of a complaint by a Special Master March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 131 or panel, or the receipt by the Speaker of a request in writing from the (o) TIME LIMITATIONS. respondent that the complaint and other records relating to the complaint be made public records. (1) On or after the effective date of these Rules, all sworn complaints alleging violation of the House Code of Conduct, including any violation (i) REFEREE. The Select Committee on Standards of Official of law or of the Rules and regulations of the House, shall be filed with Conduct may, in its discretion and with the approval of the Speaker, the Committee on Rules & Calendar within 2 years after the alleged employ a referee to preside over the proceedings, to hear testimony, and violation. to make findings of fact and recommendations to the select committee concerning the disposition of complaints. (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 (j) INDEPENDENT COUNSEL. The Select Committee on after the violation occurred. Standards of Official Conduct is authorized to retain and compensate counsel not regularly employed by the House, as authorized by the (3) The applicable period of limitation is tolled on the day a sworn Speaker. complaint against the Member or officer is filed with the Committee on Rules & Calendar. If it can be concluded from the face of the complaint (k) ATTORNEY’S FEES. When a Probable Cause Panel or a Special that the applicable period of limitation has run, the allegations shall not Master finds that probable cause does not exist or the select committee be considered a complaint for the purpose of requiring action by the finds that the respondent has not violated any of the provisions of the Chair of the Committee on Rules & Calendar. The complaint and all House Code of Conduct or a law, rule, regulation, or other standard of material related thereto shall remain confidential. conduct, the panel or Special Master or the select committee may recommend to the Speaker that the reasonable attorney’s fees and costs 164. Penalties for Violations—Separately from any prosecutions incurred by the respondent be paid by the House. Payment of such or penalties otherwise provided by law, any Member determined to have reasonable fees and costs shall be subject to the approval of the Speaker. violated the foregoing requirements of these Rules shall be fined, censured, reprimanded, placed on probation, or expelled, or have such (l) ELIGIBILITY; SPEAKER OF THE HOUSE. If any allegation other lesser penalty imposed as may be appropriate. Such under this Rule involves the conduct or activities of the Speaker, the determination and disciplinary action shall be taken by a two-thirds duties of the Speaker pursuant to this Rule shall be transferred to the vote of the House, except that expulsions shall require two-thirds vote Speaker pro tempore. of the membership, upon recommendation of the select committee so designated under Rule 163. (m) COLLATERAL ACTIONS. CHAPTER B. Lobbyists (1) Criminal Actions. Any criminal complaints relating to Members shall be governed by these Rules. 165. Lobbyists—

(2) Commissions or Quasi-Judicial Agencies with Concurrent (a) OBLIGATIONS OF A LOBBYIST. Jurisdiction. If a complaint against a Member or an officer of the House (1) A lobbyist shall supply facts, information, and opinions of is filed with a commission or quasi-judicial agency with concurrent principals to legislators from the point of view that the lobbyist openly jurisdiction, the Chair of the Committee on Rules & Calendar, a declares. A lobbyist shall not offer or propose anything that may Probable Cause Panel or a Special Master, and the Select Committee on reasonably be construed to improperly influence the official act, Standards of Official Conduct shall have the discretion to refrain from decision, or vote of a legislator, nor shall a lobbyist attempt to processing a similar complaint until such commission or quasi-judicial improperly influence the selection of officers or employees of the House. agency has completed its review of the matter. If such a complaint is A lobbyist, by personal example and admonition to colleagues, shall filed initially with the Chair of the Committee on Rules & Calendar and maintain the honor of the legislative process by the integrity of the subsequently filed with a commission or quasi-judicial agency with lobbyist’s relationship with legislators as well as with the principals concurrent jurisdiction, the Chair of the Committee on Rules & whom the lobbyist represents. Calendar, the panel or Special Master, and the select committee shall have the discretion to suspend their proceedings until such commissions (2) A lobbyist shall not knowingly and willfully falsify, conceal, or or agencies have completed their review of the matter. cover up by any trick, scheme, or device, a material fact or make any false, fictitious, or fraudulent statement or representation, or make or (n) EX PARTE COMMUNICATIONS. use any writing or document knowing the same to contain any false, (1) A Special Master or a member of a Probable Cause Panel or of a fictitious, or fraudulent statements or entry. Select Committee on Standards of Official Conduct shall not initiate or (3) No registered lobbyist shall be permitted upon the floor of the consider any ex parte communication relative to the merits of a pending House while it is in session. complaint proceeding by: (b) ADVISORY OPINIONS; COMPILATION THEREOF. A lobbyist, a. Any person engaged in prosecution or advocacy in connection with when in doubt about the applicability and interpretation of subsection the matter; or (a) in a particular context, shall submit in writing the facts for an b. A party to the proceeding or any person who, directly or indirectly, advisory opinion to the Speaker, who shall either refer the issue to the would have a substantial interest in the action of the panel, Special House general counsel for an advisory opinion or refer the issue to a Master, or select committee, or authorized representatives or counsel committee designated by the Speaker to have responsibility for the thereof. ethical conduct of lobbyists and may appear in person before such committee. The House general counsel or this committee shall render (2) Except when acting in official capacity as a Special Master or as advisory opinions to any lobbyist who seeks advice as to whether the a member of a panel or select committee, a Special Master or a member facts in a particular case would constitute a violation of such Rule by a of a Probable Cause Panel or of a Select Committee on Standards of lobbyist. Such opinion, until amended or revoked, shall be binding in Official Conduct shall not comment upon or discuss with any other any subsequent complaint concerning the lobbyist who sought the person the matters that occasioned the appointment of the Special opinion and acted on it in good faith, unless material facts were omitted Master, panel, or select committee during the pendency of proceedings or misstated in the request for advisory opinion. Upon request of the held pursuant to this Rule before the Special Master, panel, or select lobbyist or any Member, the committee designated by the Speaker to committee. This section shall not apply to communications initiated or have responsibility for the ethical conduct of lobbyists may revise any considered by the Special Master or the Chair of the panel or select advisory opinion issued by the House general counsel or may revise any committee relating to a settlement pursuant to sub-subparagraph advisory opinion issued by the general counsel of the Office of (c)(2)a.3. or to a consent decree authorized pursuant to subsection (g). Legislative Services under Joint Rule 1.7. The House general counsel or 132 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 committee shall make sufficient deletions to prevent disclosing the transmit a copy of the complaint to the Speaker and, in writing, request identity of persons in the decisions or opinions. All advisory opinions of the appointment of a Probable Cause Panel or Special Master regarding the House general counsel or this committee shall be numbered, dated, the complaint. A copy of the letter shall be provided to the complainant and published in an annual publication of the House. The Clerk shall and the respondent. keep a compilation of all advisory opinions of the House general counsel or committee designated by the Speaker to have responsibility for the (4) Withdrawal of Complaints. A complaint may be withdrawn at ethical conduct of lobbyists. any time.

166. Complaints of Violations Relating to Lobbyists; (b) PROBABLE CAUSE PANEL OR SPECIAL MASTER. Procedure— (1) Creation. Whenever the Speaker receives a copy of a complaint (a) FILING OF COMPLAINTS. The Chair of the Committee on and request made pursuant to subsection (a), the Speaker shall, within Rules & Calendar shall receive and initially review allegations of 20 days, either appoint a Probable Cause Panel (the panel) consisting of violations of the Rules of the House, Joint Rule 1, or violations of a law, an odd number of members or appoint a Special Master. If the Speaker rule, or other standard of conduct by a lobbyist. 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 (1) Review of Complaints. The Chair of the Committee on Rules & additional persons who are not Members of the House to serve as Calendar shall review each complaint submitted to the Committee on nonvoting, public members of a Probable Cause Panel. Rules & Calendar relating to the conduct of a lobbyist. (2) Powers and Duties. The members of the panel or the Special (2) Complaints. Master shall have the following powers and duties:

a. A complaint shall be in writing and under oath, setting forth in a. Investigate complaints and make appropriate findings of fact simple, concise statements the following: promptly regarding allegations of improper conduct sufficient to 1. The name and legal address of the party filing the complaint establish probable cause of violation of the Rules of the House, Joint (complainant); Rule 1, or a law, rule, or other standard of conduct;

2. The name and address of the lobbyist (respondent) alleged to be b. Based upon the investigation by the Special Master or the panel, in violation of the Rules of the House, Joint Rule 1, or a law, rule, or make and report findings of probable cause to the Speaker and to the other standard of conduct; House as it relates to the complaint that occasioned the appointment of the Probable Cause Panel or the Special Master; 3. The nature of the alleged violation based upon the personal knowledge of the complainant, including, if possible, the specific section c. Recommend to the Committee on Rules & Calendar such of the Rules of the House, Joint Rule 1, or law, rule, or other standard additional Rules or regulations as the Probable Cause Panel or the of conduct alleged to have been violated; and Special Master shall determine as necessary or desirable to ensure proper standards of conduct by lobbyists; and 4. The facts alleged to give rise to the violation. d. Adopt rules of procedure as appropriate to its needs. b. All documents in the possession of the complainant that are relevant to, and in support of, the allegations shall be attached to the (3) Quorum. A quorum of a Probable Cause Panel, when appointed, complaint. 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 (3) Processing Complaint and Preliminary Findings. full panel.

a. Upon the filing of a complaint, the Chair shall, within 5 working (4) Term. A Probable Cause Panel or Special Master, as appropriate, days, notify the lobbyist against whom the complaint has been filed and shall serve until the complaint that occasioned the appointment of the give such person a copy of the complaint. Within 20 days, the Chair shall panel or the Special Master has been dismissed or until a finding of take the necessary actions as provided in subparagraphs b.-g. probable cause has been transmitted to the Speaker. b. The Chair shall examine each complaint for jurisdiction and for (c) PRELIMINARY INVESTIGATION AND PROBABLE CAUSE compliance with paragraph (a)(2). FINDING. c. If the Chair determines that a complaint does not comply with (1) Preliminary Investigation. such Rule, the complaint shall be returned to the complainant with a general statement that the complaint is not in compliance with such a. The Probable Cause Panel or the Special Master shall provide the Rule and with a copy of the Rule. A complainant may resubmit a respondent an opportunity to present to the panel, the Special Master, complaint provided such complaint is resubmitted prior to the or staff of the panel, orally or in writing, a statement addressing the expiration of the time limitation set forth in subsection (m). allegations.

d. If the Chair determines that the verified complaint does not allege b. The panel, Special Master, or the staff of the panel may interview facts sufficient to constitute a violation of any of the provisions of the witnesses and examine documents and other evidentiary matters. Rules of the House, Joint Rule 1, or a law, rule, or other standard of conduct, the Chair shall dismiss the complaint and notify the c. The panel or Special Master may order the testimony of witnesses complainant and the respondent of such action. 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 e. If the Chair determines that the complaint is outside the by any person authorized by law to administer oaths. jurisdiction of the House, the Chair shall dismiss the complaint and notify the complainant and the respondent of such action. d. The panel or Special Master may require, by subpoena issued pursuant to these Rules or otherwise, the attendance and testimony of f. If the Chair determines that a violation is inadvertent, technical, witnesses and the production of such books, records, correspondence, or otherwise of a de minimis nature, the Chair may attempt to correct memoranda, papers, documents, and other items as it deems necessary or prevent such a violation by informal means. to the conduct of the inquiry.

g. If the Chair determines that such a complaint does allege facts (2) Probable Cause Finding. sufficient to constitute a violation of any of the provisions of the Rules of the House, Joint Rule 1, or a law, rule, or other standard of conduct, a. The panel, by a recorded vote of a majority of the full panel, or the and that the complaint is not de minimis in nature, the Chair shall Special Master, as appropriate, shall determine whether there is March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 133 probable cause to conclude that a violation within the jurisdiction of the (3) Procedures. panel or the Special Master has occurred. a. Procedure and Evidence. b. If the panel or Special Master, as appropriate, finds that probable 1. Procedure. The select committee may adopt rules of procedure as cause does not exist, the panel or Special Master shall dismiss the appropriate to its needs. complaint and notify the complainant and the respondent of its determination. 2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon c. If the panel or Special Master, as appropriate, determines that by reasonably prudent persons in the conduct of their affairs shall be probable cause exists to believe that a violation occurred but that the admissible, whether or not such evidence would be admissible in a trial violation, if proven, is neither of a de minimis nature nor sufficiently in the courts of Florida. However, hearsay evidence may not be used serious to justify the imposition of a penalty pursuant to Rule 167, the unless same would be admissible under the Florida Rules of Evidence panel or Special Master may recommend an appropriate, lesser penalty and it shall not be sufficient in itself to support a factual finding unless or may resolve the complaint informally. If the respondent agrees, a it would be admissible over objection in civil actions. summary of the panel’s conclusions or Special Master’s conclusions, as is appropriate, shall be published in the House Journal and the penalty 3. Discovery. Discovery may be permitted upon motion, which shall agreed upon shall be imposed. If the panel or Special Master is unable state the reason therefor. Discovery shall be in accordance with the to satisfactorily settle the complaint, the complaint shall be subject to Florida Rules of Civil Procedure, but may be limited in time, scope, and a full evidentiary hearing before the Select Committee on Lobbyist method by the Chair or the referee. Conduct pursuant to subsection (d). 4. Testimony. The select committee shall order the testimony of d. If the panel or Special Master determines that probable cause witnesses to be taken under oath, in which event the oath may be exists to believe that a violation occurred and that, if proven, would be administered by the Chair or a member of the select committee, by any sufficiently serious to justify imposition of a penalty pursuant to Rule referee appointed pursuant to subsection (i), or by any person 167, the panel or Special Master shall cause to be transmitted to the authorized by law to administer oaths. respondent a Statement of Alleged Violation. The statement shall be 5. Subpoenas. The select committee may require, by subpoena divided into counts, and each count shall be related to a separate issued pursuant to these Rules or otherwise, the attendance and violation and shall contain a plain and concise statement of the alleged testimony of witnesses and the production of such books, records, facts of such violation, including a reference to the provision of the Rules correspondence, memoranda, papers, documents, and other items as it of the House, Joint Rule 1, or law, rule, or other standard of conduct deems necessary to the conduct of the inquiry. alleged to have been violated. A copy of the statement shall also be transmitted to the Speaker. b. Order of Hearing. The order of the full hearing before the select committee or the referee shall be as follows: (d) HEARING. 1. The Chair or the referee shall open the hearing by stating the (1) Select Committee on Lobbyist Conduct. Upon receipt by the select committee’s authority to conduct the hearing, the purpose of the Speaker of a Statement of Alleged Violation, the Speaker shall appoint, hearing, and its scope. within 20 days, a Select Committee on Lobbyist Conduct (the select 2. Testimony from witnesses and other evidence pertinent to the committee) to hold hearings regarding the statement and make a subject of the hearing shall be received in the following order, whenever recommendation for disciplinary action to the full House. possible: witnesses and other evidence offered by the select committee’s (2) Hearing. A hearing regarding a violation charged in a Statement staff or the independent counsel, witnesses and other evidence offered of Alleged Violation shall be held promptly to receive evidence upon by the respondent, and rebuttal witnesses. The select committee may which to base findings of fact and recommendations, if any, to the House call witnesses at any time during the proceedings. respecting such violation. The hearing before the select committee shall 3. Witnesses at the hearing shall be examined first by the select be subject to Rule 73. committee’s staff or the independent counsel. The respondent or the a. Chair. The Chair of the select committee or other member respondent’s counsel may then cross-examine the witnesses. The presiding at a hearing shall rule upon any question of admissibility of members of the select committee may then question the witnesses. Redirect and recross may be permitted in the Chair’s or the referee’s testimony or evidence presented to the select committee. Rulings shall discretion. With respect to witnesses offered by the respondent, a be final unless reversed or modified by a majority vote of the members witness shall be examined first by the respondent or the respondent’s of the select committee. If the select committee appoints a referee counsel, and then may be cross-examined by select committee’s staff or pursuant to subsection (i), the referee shall make all evidentiary rulings. the independent counsel. Members of the select committee may then b. Referee. The select committee shall serve as referee for all question the witness. Redirect and recross may be permitted in the proceedings under these Rules, unless the select committee retains an Chair’s or the referee’s discretion. Participation by the select committee independent referee pursuant to subsection (i). at the hearing stage is at the sole discretion of the select committee and is not mandatory. c. Prosecutor. The select committee’s staff shall serve as prosecutor in all proceedings conducted under these Rules unless the select (4) Burden of Proof. At the hearing, the burden of proof rests on the committee retains independent counsel pursuant to subsection (j). select committee’s staff or the appointed independent counsel to establish the facts alleged by clear and convincing evidence with respect d. Respondent’s Rights. The respondent shall have the right to be to each count. represented by legal counsel, to call witnesses, to introduce exhibits, and (e) COMMITTEE RECOMMENDED ORDER. to cross-examine opposing witnesses. The respondent or respondent’s counsel shall be permitted to take the deposition of the complainant in (1) Committee Deliberations. As soon as practicable, the select accordance with sub-subparagraph (d)(3)a.3. 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 e. Complainant’s Rights. The complainant is not a party to any part shall not be proven unless at least a majority of the select committee of the complaint process or these proceedings. The complainant has no votes for a motion that the count has been proved. A count that is not standing to challenge these Rules or procedures and has no right to proved shall be considered as dismissed by the select committee. appeal. The complainant may submit a list of witnesses or questions for the select committee’s consideration to assist in its preparation for the (2) Dismissal of Complaint. After the hearing, the select committee hearing. shall, in writing, state its findings of fact. If the select committee finds 134 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999 that the respondent has not violated any of the provisions of the Rules duties of the Speaker pursuant to this Rule shall be transferred to the of the House, Joint Rule 1, or a law, rule, or other standard of conduct, Speaker pro tempore. it shall order the action dismissed and shall notify the respondent and the complainant of such action. (l) EX PARTE COMMUNICATIONS. (3) Recommended Order. (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 a. Recommended Order. If the select committee finds that the ex parte communication relative to the merits of a pending complaint respondent has violated any of the provisions of the Rules of the House, proceeding by: 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 a. Any person engaged in prosecution or advocacy in connection with copy of the report shall be sent to the respondent and the complainant the matter; or and shall be published in the House Journal. b. A party to the proceeding or any person who, directly or indirectly, b. Penalty. With respect to any violation with which a lobbyist is would have a substantial interest in the action of the panel, Special charged in a count that the select committee has voted as proved, the select committee may recommend to the House that the lobbyist be Master or select committee, or authorized representatives or counsel censured, reprimanded, or prohibited from lobbying for all or any part thereof. of the legislative biennium during which the violation occurred, or such (2) Except when acting in official capacity as a Special Master or as other penalty as may be appropriate. a member of a panel or select committee, a Special Master or a member (f) PROPOSED RECOMMENDED ORDER. 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 (1) Referee. When a hearing is conducted by referee, as provided in that occasioned the appointment of the Special Master, panel, or select subsection (i), the referee shall prepare a proposed recommended order committee during the pendency of proceedings held pursuant to this and file it, together with the record of the hearing, with the select Rule before the Special Master, panel, or select committee. This section committee. Copies of the proposed recommended order shall be served shall not apply to communications initiated or considered by the Special on all parties. Master or the Chair of the panel or select committee relating to a (2) Proposed Recommended Order. The proposed recommended settlement pursuant to subparagraph (c)(2)c. or to a consent decree order shall contain the time and place of the hearing, appearances authorized pursuant to subsection (g). entered at the hearing, issues, and proposed findings of fact and conclusions of law. (m) TIME LIMITATIONS. (3) Exceptions. The respondent and the independent counsel may (1) On or after the effective date of these Rules, all sworn complaints file written exceptions with the select committee in response to a alleging violation of the Rules of the House, Joint Rule 1, or law shall be referee’s recommended order. Exceptions shall be filed within 20 days filed with the Committee on Rules & Calendar within 2 years after the after service of the recommended order unless such time is extended by alleged violation. the referee or the Chair of the select committee. (2) A violation of the Rules of the House is committed when every (4) Recommended Order. The select committee shall deliberate and element of the Rule has occurred, and time starts to run on the day after render a recommended order pursuant to the provisions of subsection the violation occurred. (e). (3) The applicable period of limitation is tolled on the day a sworn (g) CONSENT DECREE. At any stage of the proceedings, the complaint against the lobbyist is filed with the Committee on Rules & respondent and the select committee may agree to a consent decree. The Calendar. If it can be concluded from the face of the complaint that the consent decree shall state findings of fact and shall be published in the applicable period of limitation has run, the allegations shall not be House Journal. The consent decree shall contain such penalty as may considered a complaint for the purpose of requiring action by the Chair be appropriate. If the House accepts the consent decree, the complaint of the Committee on Rules & Calendar. The complaint and all material pursuant to these proceedings shall be resolved. If the House does not accept the consent decree, the proceedings before the select committee related thereto shall remain confidential. shall resume. 167. Penalties for Violations—Separately from any prosecutions (h) CONFIDENTIALITY. Any material provided to the House in or penalties otherwise provided by law, any person determined to have response to a complaint filed under this Rule that is confidential under violated the foregoing requirements of these Rules, any provision in applicable law shall remain confidential and shall not be disclosed Joint Rule 1 adopted by the House and the Senate, or other law may be except as authorized by applicable law. Except as otherwise provided in reprimanded, censured, prohibited from lobbying for all or any part of this section, a complaint and the records relating to a complaint shall be the legislative biennium during which the violation occurred, or have available for public inspection upon the dismissal of a complaint by the such other penalty imposed as may be appropriate. Such determination Chair of the Committee on Rules & Calendar, a determination as to shall be made by a majority of the House, upon recommendation of the probable cause or informal resolution of a complaint by a Special Master committee so designated under Rule 166. 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. JOINT RULES (i) REFEREE. The Select Committee on Lobbyist Conduct may, in Joint Rule One its discretion and with the approval of the Speaker, employ a referee to Lobbyist Registration and Reporting preside over the proceedings, to hear testimony, and to make findings of fact and recommendations to the select committee concerning the 1.1—Those Required to Register; Exemptions; Committee disposition of complaints. Appearance Records (j) INDEPENDENT COUNSEL. The Select Committee on Lobbyist (1) All lobbyists before the Florida Legislature must register with Conduct is authorized to retain and compensate counsel not regularly the Lobbyist Registration Office in the Division of Legislative employed by the House, as authorized by the Speaker. Information Services of the Office of Legislative Services, referred to in (k) ELIGIBILITY; SPEAKER OF THE HOUSE. If any allegation Joint Rule One as the Lobbyist Registration Office. Registration is under this Rule involves the conduct or activities of the Speaker, the required for each principal represented. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 135

(2) As used in this rule, unless the context otherwise requires: (f) A person employed by any executive, judicial, or quasi-judicial department of the state or community college of the state who makes a (a) “Designated lobbyist” means the lobbyist who is appointed, by a personal appearance or attendance before the House of Representatives principal represented by two or more lobbyists, to file expenditure or the Senate, or any member or committee thereof, while that person reports that include lobbying expenditures made directly by the is on approved leave or outside normal working hours, and who does not principal. otherwise meet the definition of lobbyist. (b) “Legislative action” means introduction, sponsorship, testimony, (5) When a person, whether or not the person is registered as a debate, voting, or any other official action on any measure, resolution, lobbyist, appears before a committee of the Legislature, that person amendment, nomination, appointment, or report of, or any matter which must submit a Committee Appearance Record on a form to be provided may be the subject of action by, either house of the Legislature or any by the respective house. committee thereof. 1.2—Method of Registration (c) “Lobby” or “lobbying” means influencing or attempting to influence legislative action or nonaction through oral or written (1) Each person who is required to register under Joint Senate and communication or an attempt to obtain the goodwill of a member or House Rule 1.1 must register on forms furnished by the Lobbyist employee of the Legislature. Registration Office, on which that person must state, under oath, that (d) “Lobbyist” means a person who is employed and receives person’s name, business address, and phone number, the name and payment, or who contracts for economic consideration, for the purpose business address of each principal that person represents, the areas of of lobbying, or a person who is principally employed for governmental that person’s legislative interest, and the extent of any direct business affairs by another person or governmental entity to lobby on behalf of association or partnership that person has with any member of the that other person or governmental entity. An employee of the principal Legislature. The Lobbyist Registration Office or its designee is is not a “lobbyist” unless the employee is principally employed for authorized to acknowledge the oath of any person who registers in governmental affairs. “Principally employed for governmental affairs” person. Any changes to the information provided in the registration means that one of the principal or most significant responsibilities of the form must be reported to the Lobbyist Registration Office in writing employee to the employer is overseeing the employer’s various within 15 days on forms furnished by the Lobbyist Registration Office. relationships with government or representing the employer in its (2) Any person required to register must do so with respect to each contacts with government. Any person employed by any executive, principal prior to commencement of lobbying on behalf of that principal. judicial, or quasi-judicial department of the state or any community At the time of registration, the registrant shall provide a statement college of the state who seeks to encourage the passage, defeat, or signed by the principal or principal’s representative that the registrant modification of any legislation by personal appearance or attendance is authorized to represent the principal. Any person required to register before the House of Representatives or the Senate, or any member or must renew the registration annually, in accordance with Joint Senate committee thereof, is a lobbyist. and House Rule 1.3. (e) “Payment” or “salary” means wages or any other consideration (3) If a principal has one lobbyist registered, another lobbyist for provided in exchange for services, but does not include reimbursement for expenses. that principal shall not be allowed to register until one of the lobbyists has been appointed by the principal in writing to the Lobbyist (f) “Principal” means the person, firm, corporation, or other entity Registration Office as the principal’s designated lobbyist for expenditure which has employed or retained a lobbyist. When an association has reporting. A principal may appoint its first registered lobbyist as the employed or retained a lobbyist, the association is the principal; the designated lobbyist upon that lobbyist’s registration and may change its individual members of the association are not principals merely because designated lobbyist at any time. of their membership in the association. (4) A lobbyist shall promptly send a notice to the Lobbyist (3) For purposes of this rule, the terms “lobby” and “lobbying” do not Registration Office, on forms furnished by the Lobbyist Registration include any of the following: Office, cancelling the registration for a principal upon termination of the lobbyist’s representation of that principal. Notwithstanding this (a) Response to an inquiry for information by any member, requirement, the Lobbyist Registration Office may remove the name of committee, or staff of the Legislature. a lobbyist from the list of registered lobbyists if the principal notifies the (b) An appearance in response to a legislative subpoena. Lobbyist Registration Office that the lobbyist is no longer authorized to represent that principal. (c) Advice or services which arise out of a contractual obligation with the Legislature, a member, a committee, any staff, or any legislative (5) The Lobbyist Registration Office shall publish on the first entity to render the advice or services where such obligation is fulfilled Monday of each regular session and weekly thereafter through the end through the use of public funds. of that session a compilation of the names of persons who have registered and the information contained in their registrations. (d) Representation of a client before the House of Representatives or the Senate, or any member or committee thereof, when the client is (6) The Lobbyist Registration Office shall retain all original subject to disciplinary action by the House of Representatives or the documents submitted under this section. Senate, or any member or committee thereof. (7) A person who is required to register under this rule, or who (4) For purposes of registration and reporting, the term “lobbyist” chooses to register, shall be considered a lobbyist of the Legislature for does not include any of the following: the purposes of sections 112.3148 and 112.3149, Florida Statutes, relating to reporting and prohibited receipt of gifts and honoraria. (a) A member of the Legislature. 1.3—Registration Costs; Exemptions (b) A person who is employed by the Legislature. (1) To cover the costs incurred in administering this joint policy, (c) A judge who is acting in that judge’s official capacity. each person who registers under Joint Senate and House Rule 1.1 must (d) A person who is a state officer holding elective office or an officer pay an annual registration fee to the Lobbyist Registration Office. The of a political subdivision of the state holding elective office and who is annual period runs from January 1 to December 31. These fees must be acting in that officer’s official capacity. paid at the time of registration. (e) A person who appears as a witness or for the purpose of providing (2) The following persons are exempt from paying the fee, provided information at the written request of the chair of a committee, they are designated in writing by the agency head or person designated subcommittee, or legislative delegation. in this subsection: 136 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

(a) Two employees of each department of the executive branch (b) A lobbyist shall file a Lobbyist’s Expenditure Report for each created under chapter 20, Florida Statutes. principal represented.

(b) Two employees of the Game and Fresh Water Fish Commission. (c) When a principal has two or more lobbyists, the principal shall designate one lobbyist who will be responsible for filing a report which (c) Two employees of the Executive Office of the Governor. discloses the expenditures made directly by the principal and the (d) Two employees of the Commission on Ethics. expenditures of the designated lobbyist on behalf of the principal. The designated lobbyist is responsible for making a good faith effort to (e) Two employees of the Florida Public Service Commission. obtain the figures reported as lobbying expenditures made by the principal. (f) Two employees of the judicial branch designated in writing by the Chief Justice of the Florida Supreme Court. (d) When there are multiple lobbyists, only the designated lobbyist is to report expenditures made directly by the principal. When there are (3) The annual fee is up to $50 per each house for a person to register multiple lobbyists, only unduplicated amounts should be reported for to represent one principal and up to an additional $10 per house for each expenditures initiated or expended by the lobbyist and paid for by the additional principal that the person registers to represent. The amount principal. of each fee shall be established annually by the President of the Senate and the Speaker of the House of Representatives. The fees set shall be (e) The principal is responsible for the accuracy of the figures adequate to ensure operation of the lobbyist registration and reporting submitted to the lobbyist for reporting, and the lobbyist is responsible operations of the Lobbyist Registration Office. The fees collected by the for the accuracy of the figures reported as lobbying expenditures made Lobbyist Registration Office under this joint policy shall be deposited in by that lobbyist. the State Treasury and credited to the Legislative Lobbyist Registration Trust Fund specifically to cover the costs incurred in administering this (4) EXPENDITURES.— joint policy. (a) Definitions.— 1.4—Periodic Reports Required 1. “Expenditure” means a payment, distribution, loan, advance, (1) REPORTING DATES.—Each person who registers pursuant to reimbursement, deposit, or anything of value made or controlled, Joint Senate and House Rule 1.2 must submit to the Lobbyist directly or indirectly, by a lobbyist or principal for the purpose of Registration Office, on forms provided by the Lobbyist Registration lobbying. Expenditures shall be accounted for and reported on an Office and for each reporting period required by this rule, a signed and accrual accounting basis. certified statement listing all lobbying expenditures during the reporting period and the sources of funds for those expenditures as 2. “Accrual accounting basis” means the method of accounting that required in this rule. Reporting statements shall be filed no later than recognizes expenses during the period in which they are incurred 45 days after the end of the reporting period. Unless a special session is regardless of when they are actually paid. called, only two reports are required each calendar year. The first report (b) Goodwill expenditures.—An expenditure shall be considered to shall disclose expenditures made from January 1 through the date of have been intended to be for the purpose of engendering goodwill if it is adjournment of the regular session of the Legislature, including an a gift, an entertainment, any food or beverage, or any other item or extension, if any. The second report shall disclose expenditures for the service of similar personal benefit to a member or an employee of the remainder of the calendar year. However, whenever the Legislature Legislature, unless the member or employee is a relative of the lobbyist. convenes in a special session, a separate, supplemental report is A relative is an individual who is related to the member or employee as required which shall disclose all expenditures incurred during the father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, period since the end of the period covered by the last previous report nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, required to be filed through adjournment of that special session. daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, Following adjournment of a special session for which a separate, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, supplemental report is required, the next report required to be filed grandparent, great grandparent, grandchild, great grandchild, step shall disclose all expenditures incurred from the date of adjournment of grandparent, step great grandparent, step grandchild, or step great that special session through the end of the reporting period applicable grandchild; any person who is engaged to be married to the member or to that next required report. It is the intent of this rule that each employee or who otherwise holds himself or herself out as or is generally reporting period be separate from every other reporting period and that each expenditure be reported just once. In addition, any reporting known as the person whom the member or employee intends to marry statement may be filed by electronic means, when feasible. or with whom the member or employee intends to form a household; or any other natural person having the same legal residence as the (2) TIMELINESS OF REPORTS.—Reports shall be filed not later member or employee. than 5 p.m. of the report due date. However, any report that is postmarked by the United States Postal Service no later than midnight (c) Expenditure categories.—Each reporting individual shall make a of the due date shall be deemed to have been filed in a timely manner. good faith effort to report an expenditure and to report it in the A certificate of mailing obtained from and dated by the United States appropriate category. If an expenditure fits in two or more categories, it Postal Service at the time of the mailing, or a receipt from an established shall be reported in the category to which the expense primarily relates. courier company which bears a date on or before the due date, shall be When an expenditure is not within any defined category, it should be proof of mailing in a timely manner. reported in the “Other” category. The categories of expenditures used in this rule are as follows: (3) LOBBYIST’S EXPENDITURE REPORT.— 1.a. “Communications” means dissemination of information, (a) The Lobbyist’s Expenditure Report shall include the name of the including, but not limited to, by means of the following: lobbyist and the name of the principal on whom the report is prepared. Expenditures for the reporting period shall be reported by the following I. Audio-visual materials; and categories: Food and Beverages; Entertainment; Research; Communications; Media Advertising; Publications; Travel; Lodging; II. Signs, placards, banners, buttons, promotional materials, and Special Events; and Other. For each expenditure category, the report other display materials; must identify the amount paid directly by the lobbyist, directly by the together with any associated production services. principal, initiated or expended by the lobbyist and paid for by the principal, or initiated or expended by the principal and paid for by the b. This category does not include media advertising, publications, or lobbyist. Forms shall be provided by the Lobbyist Registration Office. research. March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 137

2. “Entertainment” means amusement or recreation, including, but 2. The amount to be reported for an expenditure shall be determined not limited to, sporting, hunting, fishing, theatrical, artistic, cultural, using the actual cost to the lobbyist or principal or other person making and musical activities or events. the payment on behalf of the lobbyist or principal, less any compensation received by such lobbyist or principal in payment for the 3. “Food and Beverages” means meals, snacks or other edible object of the expenditure. If a lobbyist or principal makes a contribution substances, or liquids for drinking, including services associated to an expenditure by another lobbyist or principal, the person making therewith. the contribution shall report the amount of the contribution as an expenditure, and the person receiving the contribution shall subtract 4. “Lodging” means sleeping or living accommodations for an the value of the contribution from the expenditure to be reported by that individual for one or more nights. person. 5. “Media Advertising” means newspaper and magazine advertising, 3. When a lobbyist has multiple principals, expenditures made for radio and television advertising, and outdoor advertising, including the purpose of engendering goodwill that are not attributable to one production services and copyrighting services. principal may be prorated among the lobbyist’s principals or may be attributed to one principal. 6. “Other” means any item or service that is not included within one of the specified categories, but does not include any item or service that 4. When a lobbyist has multiple principals, expenditures for is not required by law to be reported. research or other expenditures that may benefit several principals may be reported to the principal for whom the research was done or other 7. “Publications” means mass-produced, printed materials, expenditures incurred or prorated to those principals that may benefit including, but not limited to, magazines, newsletters, brochures, or from the research or other expenditures. pamphlets, which expressly encourage persons to communicate with 5. The amount reported as an expenditure shall not include the members or employees of the Legislature to influence the official actions amount of any additional expenses that are required as a condition of members or employees of the Legislature or which are designed to precedent to eligibility to make an expenditure if the amount expended communicate with members or employees of the Legislature. for the condition precedent is primarily intended to be for a purpose 8. “Research” means procurement of information relating to a other than lobbying or if it is paid to a charitable organization. If the specific issue, regardless of the form or medium in which that amount expended for the condition precedent is primarily intended to be for a lobbying purpose and is not paid to a charitable organization, the information is provided, including, but not limited to, surveys, bill- total amount of the expenditure shall be reported as a lobbying tracking services, information services, periodicals, and consultants or expenditure. Initiation fees, membership fees, and booster fees are consultant services to gather data or statistics. examples, although not exclusive examples, of additional expenses that 9. “Special Events” means large-scale occurrences, including, but are regularly required as conditions precedent for eligibility to make not limited to, receptions, banquets, dinners, or legislative days, to other expenditures. which more than 250 persons are invited and for which the expenditures 6. A person providing transportation in a private automobile shall be associated with hosting the occurrence are negotiated with a catering considered to be making an expenditure at the rate of 29 cents per mile, service or facility at a single, set price or which include multiple and the amount of an expenditure made for transportation provided in expenditure categories. other private conveyances shall be determined in accordance with the provisions of section 112.3148(7), Florida Statutes. 10. “Travel” means transporting an individual from one place to another, regardless of the means used. 7. A person providing lodging in a private residence shall be considered to be making an expenditure of $29 per night. (d) Items that are not expenditures.—The term “expenditure” does not include: 8. Expenditures made for more than one person may be attributed, on a pro rata basis, among all of the persons for whom the expenditure 1. Contributions or expenditures reported pursuant to chapter 106, is made. Florida Statutes; campaign-related personal services provided without compensation by individuals volunteering their time; or any other (5) AGGREGATION OF EXPENDITURE FIGURES.—For each contribution or expenditure by a political party. reporting period, the Lobbyist Registration Office shall aggregate the expenditures reported by all of the lobbyists for a principal represented 2. A lobbyist’s or principal’s salary, office expenses, and personal by more than one lobbyist. Following the last report for each calendar expenses for lodging, meals, and travel. If the principal is a firm, year, the Lobbyist Registration Office shall provide a total of corporation, association, or person, other than a natural person, the expenditures reported as spent by and on behalf of each principal for office expenses of the entity and the salaries of the officers of the entity, that calendar year. as well as expenses for their lodging, meals, and travel, are not lobbying 1.5—Penalties for Late Filing expenditures. Office expenses include, but are not limited to, payment or obligation for rent or mortgage, utilities, postage, telephone service, (1) Upon determining that a report is late, the person designated to employees’ salaries, furniture, copies, computers, software, paper review the timeliness of reports shall immediately notify the lobbyist as supplies, and custodial or maintenance services. Communications, to the failure to timely file the report and that a fine is being assessed publications, and research are office expenses if performed or produced for each late day. The fine shall be $50 per day per report for each late by the lobbyist or principal or their employees. If those functions are day. performed by independent contractors, other than the lobbyist or (2) Upon receipt of the report, the person designated to review the principal or an affiliate controlled by the principal, they are timeliness of reports shall determine the amount of the fine due based expenditures reportable under the appropriate expenditure category. upon the earliest of the following: 3. If an expense is incurred for a nonlobbying business purpose and (a) When a report is actually received by the lobbyist registration the product of that expense is later used for a lobbying purpose, a and reporting office; reportable expenditure is not created. (b) When the report is postmarked; (e) Valuation of expenditures.— (c) When the certificate of mailing is dated; or 1. In calculating the amount of aggregate expenditures, a lobbyist or (d) When the receipt from an established courier company is dated. principal may, prior to prorating, round each entry up or down to the nearest $5. A record is not required to be maintained for any amount (3) Such fine shall be paid within 20 days after receipt of the notice that rounds to zero. of payment due, unless appeal is made to the Lobbyist Registration 138 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

Office. The moneys shall be deposited into the Legislative Lobbyist licensed in Florida. Any information obtained by such an inspection may Registration Trust Fund. only be used for purposes authorized by law, this rule, Senate Rules, or Rules of the House of Representatives, which purposes may include the (4) A fine shall not be assessed against a lobbyist the first time any imposition of sanctions against a person subject to this rule or Senate reports for which the lobbyist is responsible are not timely filed. Rules or the Rules of the House of Representatives. Any employee who However, to receive this one-time fine waiver, all reports for which the uses that information for an unauthorized purpose is subject to lobbyist is responsible must be filed within 20 days after receipt of notice discipline. Any member who uses that information for an unauthorized that any reports have not been timely filed. A fine shall be assessed for purpose is subject to discipline under the applicable rules of each house. any subsequent late-filed reports. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction. (5) The person designated to review the timeliness of reports shall notify the director of the division of the failure of a lobbyist to file a Joint Rule Two report after notice or of the failure of a lobbyist to pay the fine imposed. General Appropriations Review Period 1.6—Appeal of Fines; Hearings; Unusual Circumstances 2.1—General Appropriations Bill; Review Period (1) A lobbyist wishing to appeal or dispute a fine imposed in accordance with Joint Senate and House Rule 1.5 shall file with the (1) A general appropriations bill shall be subject to a 72-hour public review period before a vote is taken on final passage in the house in Lobbyist Registration Office a notice of appeal within 20 days after the which the bill originates. date of receipt of the notice of payment due, setting out with specificity the unusual circumstances surrounding the failure to file on the (2) A review period is not required prior to a vote being taken on designated due date. A request for a hearing on the matter before the final passage of the same bill in the nonoriginating house, provided the General Counsel of the Office of Legislative Services must be made bill is not amended. If a bill is amended, the amendment being a bill within the same 20-day period. The notice of appeal may be previously furnished pursuant to this rule, another review period is not accompanied by any documentation or evidence supporting the claim. required. If, however, a bill as amended is not a bill previously furnished Failure to timely file a notice of appeal as described in this subsection pursuant to this rule, another 72-hour public review period shall be shall constitute a waiver of the right to appeal or to dispute a fine. provided before a vote is taken on final passage. (2) The President of the Senate and the Speaker of the House of (3) If a bill is returned to the house in which the bill originated and Representatives may waive the fine in whole or in part for good cause the originating house does not concur in all the amendments or adds shown based on the unusual circumstances presented by the lobbyist. additional amendments, no further action shall be taken on the bill by the nonoriginating house, and a conference committee shall be (3) The term “unusual circumstances” for the purposes of this rule established by operation of this rule to consider the bill. means uncommon, rare, or sudden events over which the person has no control and which directly result in the failure to meet the filing (4) If a bill is referred to a conference committee by operation of this requirements. rule, a 72-hour public review period shall be provided prior to a vote being taken on the conference committee report by either house. 1.7—Questions Regarding Registration (5) A copy of the bill, a copy of the bill with amendments adopted by (1) A person may request in writing an informal opinion from the the nonoriginating house, or the conference committee report shall be general counsel of the Office of Legislative Services as to the application furnished to each member of the Legislature, the Governor, the Chief of this rule to a specific situation. The general counsel shall issue the Justice of the Supreme Court, and each member of the Cabinet. Copies opinion within 10 days after receiving the request. The informal opinion for the Governor, Chief Justice, and members of the Cabinet shall be may be relied upon by the person who requested the informal opinion. furnished to the official’s office in the Capitol or Supreme Court A copy of each informal opinion which is issued shall be provided to the Building. A member’s copy shall be furnished to the member’s desk in presiding officer of each house. The committees designated under the appropriate chamber. The Secretary of the Senate shall be section 11.045(4), Florida Statutes, may revise any informal opinion responsible for furnishing copies under this rule for Senate bills, House rendered by the general counsel through an advisory opinion to the bills as amended by the Senate, and conference committee reports on person who requested the informal opinion. The advisory opinion shall Senate bills. The Clerk of the House shall be responsible for furnishing supersede the informal opinion as of the date the advisory opinion is copies under this rule for House bills, Senate bills as amended by the issued. House, and conference committee reports on House bills.

(2) Persons in doubt about the applicability or interpretation of this (6) The 72-hour public review period shall begin to run upon rule may submit in writing the facts for an advisory opinion to the completion of the furnishing of copies required to be provided herein. committee of either house designated pursuant to section 11.045(4), The Speaker of the House or the President of the Senate, as appropriate, Florida Statutes, and may appear in person before the committee in shall be informed of the completion time and such time shall be accordance with section 11.045(4), Florida Statutes. announced on the floor prior to vote on final passage in each house and shall be entered in the journal of each house. Saturdays, Sundays, and 1.8—Open Records holidays shall be included in the computation under this rule. All of the lobbyist registration and expenditure reports received by the 2.2—General Appropriations Bill; Definition Lobbyist Registration Office shall be available for public inspection and for duplication at reasonable cost. For the purposes of Joint Rule 2, the term “general appropriations bill” means a bill which provides for the salaries of public officers and 1.9—Records Retention and Inspection other current expenses of the state and contains no subject other than appropriations. A bill which contains appropriations which are Each lobbyist and each principal shall preserve for a period of 4 years incidental and necessary solely to implement a substantive law is not all accounts, bills, receipts, computer records, books, papers, and other included within this term. documents and records necessary to substantiate lobbying expenditures. Upon receipt of a complaint based upon the personal Joint Rule Three knowledge of the complainant made pursuant to the Senate Rules or Rules of the House of Representatives, any such documents and records Legislative Support Services may be inspected when authorized by the President of the Senate or the 3.1—Organizational Structure Speaker of the House of Representatives, as applicable. The person authorized to perform the inspection shall be designated in writing and The Legislature shall be supported by the Office of Legislative shall be a member of The Florida Bar or a certified public accountant Services, the Office of Legislative Information Technology Services, and March 2, 1999 JOURNAL OF THE HOUSE OF REPRESENTATIVES 139 the Office of Economic and Demographic Research. These offices shall Accountability shall conduct such reviews only at the direction of the provide support services that are determined by the President of the Legislative Auditing Committee. Senate and the Speaker of the House of Representatives to be necessary and that can be effectively provided jointly to both houses and other 4.2—Annual Audit of Financial Records units of the Legislature. Each office shall be directed by a coordinator (1) The Legislative Auditing Committee shall contract with a selected by the President of the Senate and the Speaker of the House of certified public accountant licensed under chapter 473, Florida Statutes, Representatives. for an annual audit of the financial records of the Legislative Auditing (1) The Office of Legislative Services shall provide legislative Committee, the Auditor General, and the Office of Program Policy support services other than those prescribed in subsections (2) and (3). Analysis and Government Accountability. The Division of Statutory Revision and the Division of Legislative (2) Copies of the audit shall be delivered to the President of the Information shall be two of the divisions within the Office of Legislative Senate, the Speaker of the House of Representatives, the Auditor Services. General or the director of the Office of Program Policy Analysis and (2) The Office of Legislative Information Technology Services shall Government Accountability, as appropriate, and the members of the provide support services to assist the Legislature in achieving its Legislative Auditing Committee. objectives though the application of cost-effective information Joint Rule Five technology. Auditor General (3) The Office of Economic and Demographic Research shall provide research support services, principally regarding forecasting economic 5.1—Rulemaking Authority and social trends that affect policymaking, revenues, and appropriations. The Auditor General shall make and enforce reasonable rules and regulations necessary to facilitate audits which he or she is authorized 3.2—Policies to perform.

The President of the Senate and the Speaker of the House of 5.2—Budget and Accounting Representatives shall jointly adopt policies they consider advisable to carry out the functions of the Legislature. (1) The Auditor General shall prepare and submit annually to the Joint Legislative Auditing Committee a proposed budget for the ensuing Joint Rule Four fiscal year. The committee shall review the budget request and may amend or change the budget request as it deems necessary. The budget Joint Legislative Auditing Committee request, as amended or changed by the committee, shall become the 4.1—Responsibilities operating budget of the Auditor General for the ensuing fiscal year; provided that the budget so adopted may subsequently be amended (1) On or before December 31 of the year following each decennial under the same procedure. census, the Legislative Auditing Committee shall review the performance of the Auditor General and shall submit a report to the (2) Within the limitations of the approved operating budget, the Legislature which recommends whether the Auditor General should salaries and expenses of the Auditor General and the staff of the Auditor continue to serve in office. General shall be paid from the appropriation for legislative expense or any other moneys appropriated by the Legislature for that purpose. The (2) The expenses of the members of the committee shall be approved Auditor General shall approve all bills for salaries and expenses, except by the chair of the committee and paid from the appropriation for expenses of members of the Legislative Auditing Committee, before the legislative expense. same shall be paid.

(3) The committee shall review the budget request submitted by the 5.3—Audit Report Distribution Auditor General and the Office of Program Policy Analysis and Government Accountability and may amend or change it as deemed (1) A copy of each audit report shall be submitted to the Governor, necessary. The budget request, as amended or changed by the to the Comptroller, and to the officer or person in charge of the state committee, shall become the operating budget of the Auditor General or agency or political subdivision audited. One copy shall be filed as a the Office of Program Policy Analysis and Government Accountability permanent public record in the office of the Auditor General. In the case for the ensuing fiscal year; provided that the budget so adopted may of county reports, one copy of the report of each county office, school subsequently be amended under the same procedure. district, or other district audited shall be submitted to the board of county commissioners of the county in which the audit was made and (4) The committee shall submit to the President of the Senate and shall be filed in the office of the clerk of the circuit court of that county the Speaker of the House of Representatives, for approval, an estimate as a public record. When an audit is made of the records of the district of the financial needs of the committee, the Auditor General, and the school board, a copy of the audit report shall also be filed with the Office of Program Policy Analysis and Government Accountability. district school board, and thereupon such report shall become a part of the public records of such board. (5) The committee may at any time, without regard to whether the Legislature is in session, take under investigation any matter within the (2) A copy of each audit report shall be made available to each scope of an audit either completed or then being conducted by the member of the Legislative Auditing Committee. Auditor General or the Office of Program Policy Analysis and Government Accountability, and in connection with such investigation (3) Other copies may be furnished to other persons who, as in the may exercise the powers of subpoena by law vested in a standing opinion of the Auditor General, may be directly interested in the audit committee of the Legislature. or who may have some duty to perform in connection therewith.

(6) The committee shall review the performance of the director of the Joint Rule Six Office of Program Policy Analysis and Government Accountability every Office of Program Policy Analysis and Government 4 years and shall submit a report to the Legislature recommending Accountability whether the director should be reappointed. A vacancy in the office must be filled in the same manner as the original appointment. 6.1—Responsibilities of the Director

(7) Upon completion of the initial program evaluation and (1) The director may adopt and enforce reasonable rules necessary justification review of each state agency listed in s. 216.0172, Florida to facilitate the studies, reviews, and reports that the office is authorized Statutes, the Office of Program Policy Analysis and Government to perform. 140 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 2, 1999

(2) The director, with the consent of the Legislative Auditing (b) For the purpose of withdrawing bills from further consideration, Committee, may enter into contracts on behalf of the Office of Program the first-named Member shall be regarded as the “prime sponsor” and Policy Analysis and Government Accountability. the only Member empowered to move for the withdrawal of a bill.

(3) The director shall prepare and submit annually to the Legislative (c) In moving for the withdrawal of a bill by floor motion from further Auditing Committee a proposed budget for the ensuing fiscal year. The consideration, the introducer shall be required to identify the nature of committee shall review the budget request and may amend or change the bill so that the Members will not be taken by surprise. the budget request as it deems necessary. The budget request shall become the operating budget of the Office of Program Policy Analysis 2. Distribution of Materials in Chamber; Meals in Chamber— and Government Accountability for the ensuing fiscal year; provided The following constitutes policy regarding material distributed to the that the budget so adopted may subsequently be amended under the general membership through the Sergeant at Arms’ Office and pages: same procedure. (4) Within the limitations of the approved operating budget, the (a) All material prior to such distribution must be approved by the salaries and expenses of the director and the staff of the Office of Committee on Rules & Calendar, acting through its Chair. Program Policy Analysis and Government Accountability shall be paid from the appropriation for legislative expense or any other moneys (b) The following official materials have heretofore been approved appropriated by the Legislature for that purpose. The director shall and will continue to be approved: House and Senate bills, resolutions, approve all bills for salaries and expenses before the same shall be paid. memorials, and amendments thereto, and official calendars and journals; committee meeting notices; communications from the Speaker Joint Rule Seven and Clerk and official communications from the Senate; and official staff Continuing Existence of Joint Rules reports of standing or select committees or of the majority or minority parties. 7.1—Continuing Existence of Joint Rules (c) No meals will be allowed on the floor without waiver of policy by All joint rules adopted by concurrent resolution, and amendments two-thirds vote of the Members present and voting. This shall not be thereto, shall continue in effect from session to session or Legislature to construed to prevent the serving of drinks such as juices, coffee, tea, soft Legislature until repealed by concurrent resolution. drinks, milk, and the like. STANDING ORDERS (d) No newspapers may be distributed or otherwise permitted in the House Chamber while the House is in session without waiver of policy 1. Prime Sponsors and Sponsors— by two-thirds vote of the Members present and voting. This subsection (a) The sponsor of a committee substitute is the committee. The does not apply to personal use by an individual Member of a newspaper introducer of the original bill, since it is laid upon the table upon as resource or reference material for purposes of debate nor to the introduction of the committee substitute, has no right to move for the transmittal of material from one Member to another on the floor of the withdrawal of the substitute from further consideration. House.