The Journal OF THE House of Representatives

Number 1 Tuesday, January 22, 2002

Journal of the House of Representatives for the 104th 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, January 22, 2002, being the day fixed by the Constitution and Chapter Law 2001-128, Laws of Florida, for the purpose.

This being the day fixed by the Constitution and Chapter Law 2001- seems dim. Grant us hope and courage equal to the task. Give us the 128, Laws of Florida, for the convening of the Legislature, the Members inspiration to face the tests that will challenge us. And when obstacles of the House of Representatives met in the Chamber at 10:00 a.m. for arise, give us the faith to move forward in Your name. the beginning of the 104th Regular Session and were called to order by the Honorable Tom Feeney, Speaker. Almighty God, as the issues and concerns that affect the people of this great state of Florida are debated, help us to feel another’s woe, Announcements especially those whose quality of life is impacted by underdeveloped communities and economic decay. Help us to discern the good from ill, Representative Goodlette announced that Dr. Richard S. “Dick” and help us to overlook the faults we see, so that we can show mercy Hodes, who served in the House Chamber from 1966 to 1982 and served towards others. Give us a mind that is not bound, that does not as Speaker pro tempore in 1979 and 1980, died on Friday of last week. whimper, whine, nor complain. Give us a mind of fairness, equity, and He was the Past President of the National Conference of State justice for all. Legislatures, Past President of the Florida Medical Association, a distinguished physician, an anesthesiologist, and a member of the For all of these blessings dear God, when we leave these hallowed faculties of the University of Florida and University of South Florida halls in the next 60 days, we will remember to give You the praise. medical colleges. Amen, Amen, and Amen.

Representative Frankel announced that Representative Sara Romeo The following Members were recorded present: had surgery last week and was doing well and that she will be back here in a week, ready to go. Session Vote Sequence: 696

Moment of Silence The Chair Bucher Gibson Kravitz Alexander Bullard Goodlette Kyle The House observed a moment of silence in memory of former Andrews Byrd Gottlieb Lacasa Representative, Dr. Richard S. “Dick” Hodes, who passed away on Argenziano Cantens Green Lee January 18, 2002, and for the recovery of Representative Sara Romeo. Arza Carassas Greenstein Lerner Attkisson Clarke Haridopolos Littlefield Prayer Atwater Crow Harper Lynn Ausley Cusack Harrell Machek The following prayer was offered by the Reverend John F. Green of Bethel AME Church of Tallahassee, upon invitation of Rep. Richardson: Baker Davis Harrington Mack Ball Detert Hart Mahon God of our fathers, almighty Creator of men and nations, Master of Barreiro Diaz de la Portilla Henriquez Mayfield earth, sky, and sea, Thou whose temple is all space, Thou who is great, Baxley Diaz-Balart Heyman Maygarden wise, just, and true, we, the Members and supporters of the Florida Bean Dockery Hogan McGriff House of Representatives, thank You for this brand new day. We thank Bendross-Mindingall Evers Holloway Meadows You for another opportunity to serve this great state of Florida and to Bennett Farkas Jennings Mealor let those who have asked where is God during these difficult times, see Bense Fasano Johnson Melvin that You are here with us and that Your truth, mercy, and love prevail. Benson Fields Jordan Murman We recognize that we are here on a serious mission. We have an Berfield Fiorentino Joyner Needelman obligation to fulfill and loads to lift; we will face it boldly; we believe it’s Betancourt Flanagan Justice Negron Your gift to us. As it is true that what we are is Your gift to us, what we Bilirakis Frankel Kallinger Paul do with it is our gift to You. Bowen Gannon Kendrick Peterman Dear God, we pray that You will bless the work that lies before us in Brown Garcia Kilmer Pickens this session of the Florida Legislature. We pray that You will strengthen Brummer Gardiner Kosmas Prieguez us when the trials come to bear and guide us when the light of truth Brutus Gelber Kottkamp Rich 1 2 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

Richardson Simmons Spratt Wiles Presentation of Members of Congress Ritter Siplin Stansel Wilson The Speaker presented the Honorable Adam H. Putnam, U.S. Ross Slosberg Trovillion Wishner Congressman from District 12; the Honorable Mark Foley, U.S. Russell Smith Wallace Congressman from District 16; and the Honorable Peter Deutsch, U.S. Ryan Sobel Waters Congressman from District 20. Seiler Sorensen Weissman Presentation of Former Speakers (A list of excused Members appears at the end of the Journal.) The Speaker presented the following former Speakers who were A quorum was present. present today at his invitation: the Honorable Doyle E. Conner, the Honorable Ralph Haben, Jr., the Honorable H. Lee Moffitt, the Pledge Honorable James Harold Thompson, the Honorable T. K. Wetherell, and the Honorable John Thrasher. The Members pledged allegiance to the Flag, led by the following representatives of veterans’ organizations: Eugene LeShore, State Department Commander, Veterans of Foreign Wars; Col. Jere Moore, Communications U.S. Army Retired, The Florida Council of Chapters of the Retired Governor Jeb Bush advised that he desired to address the Legislature Officers Association; David Billy, Seminole Tribe of Florida Color in Joint Session today. Guard; Kenneth Conroy, Post Commander (Post 3308), Veteran of the Foreign War; Arnold Gruning, Veterans of Foreign Wars; Edward Certificate of Judicial Manpower Barnshaw, Senior Vice Commander, Disabled American Veterans; Kenneth L. Powell, Sr., Department Commander, American Legion, The following Certificate of Judicial Manpower was received: Department of Florida; Tony Cartlidge, Vietnam Veterans of Florida, No. SC01-2703 State Coalition, Inc.; Ken Ganey, President, Vietnam Veterans, Chapter 96; Marna Barnshaw, Junior Vice Commander, Disabled American In Re: CERTIFICATION OF NEED FOR Veterans; Efren Pol, President, The Retired Enlisted Association, ADDITIONAL JUDGES Chapter 58; Doti Chambers, President, Ladies Auxiliary of The Retired [January 3, 2002] Enlisted Association, Chapter 58; Henry Chambers, Chaplain, The Retired Enlisted Association, Chapter 58; Eugene R. Manfrey, CORRECTED OPINION Chairman of the National Legislative Committee, Veterans of Foreign Wars of the United States; Charles LeCroy, American Legion, Veterans PER CURIAM. of Foreign Wars; Curt Craig, MOWN; Earnest Black, Disabled Article V, section 9 of the Florida Constitution requires this Court to American Veterans, Chapter Five; Leroy Wells, Disabled American determine, prior to each year’s regular legislative session, the need for Veterans, Chapter Five; Chet Smith, Duval County VSO; Chet Smith, increasing or decreasing the number of state judges and the need for Jr., Duval County VSO; Mary Gruning, Veterans of Foreign Wars; Paul redefining the jurisdictional boundaries of the district and circuit Bowers, Sr., Seminole Tribe of Florida Color Guard; Timmy Johns, courts.1 The certification process is the mechanism that our Seminole Tribe of Florida Color Guard; and Clyde Tiger, Seminole Tribe Constitution establishes for the systematic, uniform assessment of the of Florida Color Guard. courts’ judgeship needs.

Committee from the Senate Pursuant to this constitutional mandate, we have considered judgeship requests submitted by the lower courts, examined case filing A committee from the Senate consisting of Senators Silver (Chair), and disposition data, and analyzed various judicial workload indicators. Burt, Dyer, Holzendorf, and Jones, advanced to the well and announced Based on our review of these factors, conducted pursuant to uniform that the Senate was convened and ready to transact business. criteria established by rule,2 we conclude that there is a need for two additional judges in the district courts of appeal and forty-seven House Physician additional judges in the trial courts.

The Speaker introduced former Representative, Dr. Bob Brooks of District Courts of Appeal Tallahassee, who served in the Clinic today upon invitation of Rep. Kallinger. Using the criteria for certifying the need for additional district court judges set forth in Florida Rule of Judicial Administration 2.035(b)(2), Correction of the Journal we certify the need for an additional district court judge for the Second District and one for the Fourth District. Except for the addition of one The Journal of December 6, 2001, Special Session “C” was corrected judgeship in the Fifth District in 1999, the number of judges in the and approved as corrected. district courts have remained constant since 1993. Since 1993, the number of annual filings in each district court has risen steadily. The Presentation of Former Republican Leaders total of 22,906 cases filed in the district courts in 2000 is an increase of twenty-four percent over the filings for 1993. The Speaker presented the following former Republican Leaders who were present today at his invitation: the Honorable William C. Cramer, The district courts use an array of strategies to address increased the Honorable Jim K. Tillman, the Honorable S. Curtis “Curt” Kiser, the workload pressures. These courts have streamlined internal operating Honorable Ronald R. “Ron” Richmond, the Honorable Sandra Barringer procedures, established central legal research staff to handle selected Mortham, and the Honorable R. Dale Patchett. matters, and assigned senior (retired) judges to hear appeals on a temporary basis. Even though the district courts continue to develop Presentation of Former Members innovative approaches to efficiently and fairly hear cases, the Second and Fourth Districts now require an additional judge to operate The Speaker presented the following former Members: the Honorable efficiently.3 Luis C. Morse, Assistant Secretary of Elder Affairs; the Honorable Miguel A. De Grandy; the Honorable Jim Smith, former Secretary of The Second District last received an additional judge in 1993. Since State; the Honorable Bobby Brantley, former Lieutenant Governor; the that time, the Legislature has authorized nineteen additional circuit Honorable David I. “Dave” Bitner; and the Honorable Tom Warner, judges within the district. The ratio of circuit judges to district judges Solicitor General. Subsequently, the Speaker recognized the Honorable in the Second District is 9.7 to 1—the second highest ratio in the state. Larcenia J. Bullard. The district’s population exceeds four million people, nearly a thirteen January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 3 percent increase since 1990. In 2000, the Second District averaged 398 for forty-seven additional trial court judgeships: thirty-four circuit court case filings and 251 dispositions per judge after submission on the judgeships from thirteen judicial circuits, and thirteen county court merits. The statewide average for 2000 was 370 case filings and 233 judgeships from eleven counties. dispositions per judge after submission on the merits. The Delphi-based case weighting analysis addresses the differences in The Fourth District last received additional judges in 1988. Caseloads the amount of time that must be spent on each case depending on the in that district have steadily increased from 3507 in 1990 to 4751 in case type.5 We have applied the Delphi “reasonable workload” standard 2000. The increase from 292 to 396 case filings per judge represents an in all case types6 except for cases related to dissolutions of marriage,7 increase of thirty-five and six-tenths percent. Dispositions after drug offenses,8 evictions, and civil traffic infractions.9 We have also submission on the merits have also increased during the same period adjusted for several factors that impact judicial workload, including from 2081 to 2769, representing a thirty-four and three-tenths percent differing jury trial rates in each circuit and county court and the number increase of 172 to 231 dispositions per judge after submission on the of judges actually requested by each circuit after careful consideration merits. by the chief judge of the circuit.

Like other districts, the Fourth District initiated steps during the This certification of judicial need results in far fewer additional 1990s to minimize the need for additional judges through the judgeships certified than a strict statistical application of the Delphi implementation of innovative approaches to increase efficiency. A results might warrant. Indeed, the “reasonable net need” established by standing committee on case management has been active for over ten the Delphi methodology, without the adjustments discussed above, years. The district continues to rely on the use of senior judges. indicates a need of sixty-seven and five-tenths judges in the circuit Moreover, enhanced information technology aids legal research and courts and twenty-seven and six-tenths judges in the county courts. The court administration and has reduced the need for additional personnel. requests and certifications are illustrated in the following table. There has also been an expanded use of central staff attorneys and their responsibilities to delay the need for additional judges. However, given Trial Court Certification Table the high caseload, increases in population, and growth in the circuit Circuit Judgeships Judgeships County Judgeships Judgeships courts within the district, these efficiency measures are no longer Court Requested Certified Court Requested Certified adequate to offset the need for an additional judge. First 0 0 The following table illustrates the requests and certificate of Second 0 0 additional judges for the Second and Fourth Districts. Third 0 0 Columbia 1 0 District Court Certification Table Fourth 0 0 Duval 1 1 Fifth 4 4 Lake 1 1 District Court Judgeships Judgeships Marion 1 0 of Appeal Requested Certified Sixth 2 2 First 0 0 Seventh 2 2 Second 1 1 Third 0 0 Eighth 1 1 Fourth 1 1 Ninth 3 3 Orange 2 2 Fifth 0 0 Tenth 2 2 Highlands 1 0 Totals 2 2 Eleventh 5 5 Trial Courts Twelfth 0 0 Thirteenth 2 2 In 2001, we certified the need for an additional forty-four judgeships. See In re Certification of the Need for Additional Judges, 780 So. 2d 906 Fourteenth 1 1 Bay 1 1 (Fla. 2001). Of the forty-four judgeships requested, twenty-six were Fifteenth 3 3 Palm Beach 2 2 4 funded: fifteen for circuit courts and eleven for county courts. However, Sixteenth 0 0 based upon the Delphi methodology, we report to the Legislature that Seventeenth 5 5 Broward 3 3 the funding of those judgeships was insufficient to address the overall “reasonable net need.” The quantitatively based criteria for certifying Eighteenth 2 1 Seminole 2 2 the need for judicial positions in the trial courts, which provided the Nineteenth 0 0 foundation for the certification process until 1999, are articulated in Twentieth 3 3 Collier 1 1 Florida Rule of Judicial Administration 2.035(1). These criteria were Totals 35 34 Totals 16 13 modified in response to a request from the Florida Legislature in proviso language of the 1998 General Appropriations Act that we employ a The existing mix of supplemental resources in the trial courts, which certification methodology which relies on case weights and calculations includes senior judges, general masters, and hearing officers, trial court of available judge time to determine the need for additional trial judges. staff attorneys, alternative dispute resolution mediators, and case Pursuant to this request, we conducted an extensive development management support, are reflected in the calculation of the Delphi case project to design and implement a weighted caseload system with the weights. These resources are necessary for the effective and efficient assistance of the National Center for State Courts and the active operation of Florida’s trial courts. Any diminution in supplemental participation and advice of the Office of Program Policy Analysis and resources from existing levels as a result of budget reductions or the Government Accountability. The report of the Delphi Policy Committee implementation of the 1998 revision to article V, section 14 of the was issued on February 1, 1999, and on February 29, 2000, we certified Florida Constitution will increase the need for additional judges. the need for forty-three additional trial judges based on calculations using the new Delphi method. See In re Certification of the Need for Mediators, hearing officers, and masters have both a qualitative and Additional Judges, 755 So. 2d 79 (Fla. 2000). That certification was not quantitative impact on the judicial processing of cases. These funded, followed by the reduced number funded for the judgeships which alternative resources have been put in place to lessen the need for more took effect January 1, 2002. That need persists, as reflected in the most costly judgeships. An analytical process similar to the Delphi process recent Delphi-based calculations. used to develop the case-weighting system in 1998-99 should be developed to assess and measure the impact of these resources on This year, the Court again followed the legislative direction in having judicial workload. Such analysis, however, is dependent on additional a study using the Delphi-based workload weighting system. The result funding for staff or consultants. In the interim, this Court, through the of that Delphi study has been considered by the chief judges of the Trial Court Performance and Accountability Committee, will continue circuit courts and by this Court, and based thereon, we certify the need its effort to define the role of supplemental hearing officers and 4 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 resources. Workgroups have been established to study the use of decreasing or redefining appellate districts and judicial circuits. If hearing officers, senior judges, case management, mediators, and court the supreme court finds that a need exists for increasing or reporters, and to identify the appropriate functions of these resources in decreasing the number of judges or increasing, decreasing or the judicial system. redefining appellate districts and judicial circuits, it shall, prior to the next regular session of the legislature, certify to the legislature We remain cognizant of the factors and trends impacting the work of its findings and recommendations concerning such need. Upon the trial courts and exacerbating the need for additional judges. receipt of such certificate, the legislature, at the next regular Existing judicial resources are strained by the creation of highly session, shall consider the findings and recommendations and may effective but labor intensive “problem solving courts” (e.g., juvenile and reject the recommendations or by law implement the adult drug courts, mental health courts, elder courts, and domestic recommendations in whole or in part; provided the legislature may violence courts); by the nature, complexity, and volume of certain create more judicial offices than are recommended by the supreme criminal and civil cases (e.g., asbestos and tobacco cases); by the court or may decrease the number of judicial offices by a greater significant growth in the number of family law cases; and by the number than recommended by the court only upon a finding of two- disproportionate levels of certain types of criminal cases (e.g., capital thirds of the membership of both houses of the legislature that such murder cases). At the same time, the courts’ ability to address workload a need exists. A decrease in the number of judges shall be effective pressures using supplemental resources is impeded by a combination of only after the expiration of a term. If the supreme court fails to factors, such as lack of state-funded general masters and the limited make findings as provided above when need exists, the legislature availability of senior judges. Moreover, judicial workload can be may by concurrent resolution request the court to certify its substantially impacted by the local legal culture, as reflected in state findings and recommendations and upon the failure of the court to attorney filing practices, defendant-to-count ratios, the number of certify its findings for nine consecutive months, the legislature may, termination of parental rights cases, the litigiousness of the local legal upon a finding of two-thirds of the membership of both houses of the culture, jury trial rates, pretrial motion practices, and post-judgment legislature that a need exists, increase or decrease the number of matters. Demographic issues, such as the presence of multiple judges or increase, decrease or redefine appellate districts and correctional and juvenile facilities, population growth, and geographic judicial circuits. considerations in multi-county circuits also place additional workload 2Fla. R. Jud. Admin. 2.035. demands on the circuits. 3In 1997 this Court directed the Judicial Management Council to County court caseloads continue to increase. The largest increases in conduct an in-depth study of workload, jurisdiction, and related policy county courts were found in civil case filings for those counties issues for the district courts of appeal. The Council’s Committee on forecasted. Other factors impacting the workload of county courts Appellate Court Workload and Jurisdiction proposed the adoption of a include large increases in population and the number of cases filed, new appellate court workload standard of 225 dispositions per judge unmet judicial needs, caseload backlog, and the unavailability of traffic after submission on the merits and an additional appellate court infraction hearing officers. workload standard of 385 case filings per judge. These two standards, After reviewing the requests of the trial courts for thirty-five whether considered separately or together, represent the levels at which additional circuit judges and sixteen additional county judges in light of a district court, presumptively, is in need of additional judicial the foregoing considerations, we certify the need for thirty-four new resources. These standards are significantly higher than the current circuit judges for the 2002-03 fiscal year as follows: five additional standard of 250 case filings per judge and reflect the infusion of support circuit judges each for the Eleventh and Seventeenth Circuits; four staff and other resources over the last decade which have enabled the additional circuit judges for the Fifth Circuit; three additional circuit district courts to keep pace with workload increases. judges each for the Ninth, Fifteenth, and Twentieth Circuits; two 4The Legislature actually funded twenty-seven judgeships. One additional circuit judges each for the Sixth, Seventh, Tenth, and circuit judgeship in the Second Circuit was funded in addition to those Thirteenth Circuits; and one additional circuit judge each for the certified. Eighth, Fourteenth, and Eighteenth Circuits. We certify the need for thirteen new county court judges for fiscal year 2002-03 as follows: three 5Historically, the caseload-based system used prior to 1999 did not additional county judges for Broward County; two additional county address these factors; however, the case-weighting system that is the judges each for Orange, Palm Beach, and Seminole Counties; and one basis of our 2002-03 certification opinion does. The forty-seven additional county judge each for Duval, Lake, Bay, and Collier Counties. judgeships certified in this opinion reflect last year’s certification of forty-four judgeships. If the full complement of judges requested in the We appreciate the Legislature’s sensitivity to the funding needs of the 2000-01 certification had been funded, it is certain that the need for courts, especially during such austere economic times. Legislative additional trial judges would have been significantly less. The Delphi support for essential services and resources directly impacts the data for this year’s request indicates that at the circuit level there will efficient and effective use of judge time. Specifically, we emphasize the be an overall increase in filings of three and two-tenths percent from value of court personnel, such as trial court staff attorneys and case 1999 to 2002. Once the “gap” created by the transition to a case- managers, who provide direct support to trial judges, because they weighted system is addressed, the numbers certified should reflect a significantly increase the productivity of our trial courts. more moderate increase in judicial need over time.

The Court therefore certifies the need for the additional judgeships 6We remain concerned that the reasonable workload standard for which our study indicates are necessary for Florida’s courts. delinquency cases, which was recommended by the Delphi Policy It is so ordered. Committee, does not allow for sufficient judicial time to adequately address delinquency matters. We hereby request the Delphi Policy WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, Committee to thoroughly reexamine the reasonable workload standard and QUINCE, JJ., concur. for delinquency cases when the committee is reappointed to conduct a review of the Delphi-based case weighting analysis. Original Proceeding - Certification Of Need For Additional Judges 7The Supreme Court’s Court Statistics and Workload Committee has advised us that a separate Summary Reporting System (SRS) category 1Article V, section 9, Florida Constitution, provides: should be established for post-judgment matters in dissolution cases. This separate category was also recommended by the Delphi Policy Determination of number of judges.—The supreme court Committee. This process will be lengthy and complicated and will take shall establish by rule uniform criteria for the determination of the approximately two to three years to develop and implement. At present, need for additional judges except supreme court justices, the the current weight (sixty minutes) assigned to dissolution cases is necessity for decreasing the number of judges and for increasing, inclusive of post-judgment matters. If a separate post-judgment January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 5 category is created, it is likely that the current weight for dissolution I want to do some introductions here. I’m delighted to have my mom cases will decrease to some degree. In the interim, we will continue to and dad, Tom and Betty Feeney; I’m delighted to have my uncle, Ed use the lower case weight of sixty minutes for dissolution cases. Feeney; my sisters, Carol Mason, Joanne Laman; I think my law partner may be around, Skip and Barbara Fowler; another law partner, 8 We have maintained the thirty-eight minute case weight for drug Mike O’Quinn is here. I’m especially delighted to have my wife, who cases at this time. However, we are aware that cases administered allows me to come and play politics for most of the year these days. through the drug court programs require additional judicial workload Ellen, thank you for all you do. through ongoing status review hearings which monitor offenders’ compliance with court requirements. The number of operational In the back of the room is Tommy Feeney, who’s a Page, serving us criminal drug courts in Florida has drastically increased since 1996— here today. Tommy’s nine. I’ve got great news to report—on his last from ten to thirty-two—representing over a 200 percent growth in these report card he got straight A’s, something I never managed to do. problem-solving courts. Drug courts are an effective strategy to address [laughter] [applause] Thanks and congratulations, Tommy. substance abuse, one of the main causes of many offenders’ criminality and interaction with the justice system. Therefore, we have directed the And in the gallery, in the blue vest, is Sean. The news is not so good Drug Court Steering Committee and the Court Statistics and Workload with respect to Sean. [laughter] I don’t know if the technical term is Committee to further study the ever-increasing use of drug court “expelled” from day care center. [laughter] But I got a call the day programs in Florida and advise us as to the overall impact of these labor before Thanksgiving, and essentially the wonderful women that work at intensive courts on the weights for drug cases. It is also likely that the his Montessori Day School that he had spent two weeks in, explained demand on drug court judges may increase if proposed legislation is that there were only six of them, and there were 26 children. The six of adopted that expands the offense eligibility criteria to include them could watch Sean, or they could watch the other 25, but they could nonviolent third-degree felonies. not do both, and so, we have made rearrangements for Sean, but things are bound to pick up. [laughter] He’s an enthusiastic young Feeney, 9The Court Statistics and Workload Committee along with staff of the and he’s a great young man. Office of the State Courts Administrator have reviewed the case weights for county evictions and civil traffic infractions. The Delphi Policy Later this session, we’re going to unveil—we hope to unveil—a Committee also requested further study on this issue at the conclusion portrait of me. I hope that my artist can embellish my looks the way of the Delphi process in 1998. Further analysis concludes that the some of yours did, former Speakers. [laughter] But, regardless, I trust higher weights are reasonable and appropriate measures of judicial some of you will turn out to see Tom Feeney publicly hanged. involvement. Thus, the committee recommends that the higher weight [laughter] And we look forward to that. for both categories, eight minutes for county evictions and .34 minutes But as I look around at all the great former Speakers on the walls here for civil traffic infraction filings, be adopted. We concur with this today, it’s sort of unimaginable to me that very many of them could have recommendation. faced the unique challenges that we have had since we got elected last November. You’ll remember that we entered the 2000 election cycle with Introduction of House Concurrent Resolution pessimists predicting anarchy and chaos. Sixty-three freshmen were unmanageable, is what we were told. And we couldn’t conduct business On motion by Rep. Byrd, the rules were waived for introduction and in a reasonable way. consideration of a concurrent resolution. And then we were immediately faced with the challenge of dealing By Representative Byrd— with the electoral crisis. You’ll remember that predictions were that HCR 1-Org.—A concurrent resolution providing that the House of there would be rancor and we’d never put our puzzle back together. We’d Representatives and Senate convene in Joint Session for the purpose of never talk to one another again. We’d melt down in chaos and disorder receiving a message from the Governor. again. Instead, I think we were a model of the way democracy, even in the most difficult and partisan circumstances, can operate if people are WHEREAS, His Excellency, Governor Jeb Bush, has expressed a willing to work together as ladies and gentlemen, in honorable and desire to address the Legislature in Joint Session, NOW, THEREFORE, principled way. I couldn’t have been more proud, in that very difficult moment, of all 120 Members of the Florida House, and I thank you for Be It Resolved by the House of Representatives of the State of Florida, what you did. It seemed to us at one point that every lawyer and reporter the Senate Concurring: in the free world had descended upon us. And it would have been easy That the House of Representatives and the Senate convene in Joint to embarrass ourselves. Instead we met the test, and I’m very proud of Session in the Chamber of the House of Representatives at 11:00 a.m. what we accomplished. Subsequently, we were up to the challenge. One this day, January 22, 2002, for the purpose of receiving the message of hundred twenty Members of this body, every Republican, every the Governor. Democrat, voted for an election reform package. Which, while it didn’t answer all of the questions raised, is now considered a national model —was read the first time by title. On motion by Rep. Byrd, the rules by leaders in both parties around the country. And so I congratulate you, were waived and the concurrent resolution was read the second time by again, for your efforts there. title and adopted. Under the rule, the concurrent resolution was immediately certified to the Senate. So we come into the 2002 Session with a certain legacy that I think we have an obligation to uphold. I’m confident that we’re going to uphold Committee to the Senate that legacy and we’re going to have a wonderful session the next 60 days, give or take a few. On motion by Rep. Byrd, the Speaker appointed Reps. Melvin (Chair), Andrews, Ball, Frankel, Heyman, and Wallace as a committee to notify We once again face a difficult and challenging budget year. We’re the Senate that the House was convened and ready to transact business. going to have to answer the fundamental needs of Floridians without The committee was excused to perform its assignment. new tax revenues, and that’s going to be a challenge led by Carlos Lacasa and our great appropriations team. I’m confident that we’re up Remarks of the Speaker to the challenge. I’m confident that the economy is reviving and that we will be off and running again under Speaker Byrd with huge surpluses. Members, if I can, I’d like to share a few thoughts with you about the But this year’s going to be a challenge. I think we recognize that. exciting days that we’ve had and we’re moving into. We’ve got to meet the constitutional mandate to combine the officers Today we open the 104th Regular Session of the Florida Legislature, of Comptroller and Insurance Commissioner and we’re up to the test. in the fifth session the Legislature that was elected last November, And Representative Alexander and others, Flanagan and Waters, to 2000. name a few, are doing a wonderful job of putting together a proposal that 6 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

Floridians can be proud of, the House can be proud of, and we’ll meet our On the order of less government, one of our five principles: over the constitutional obligation. last several years, we have reduced the state employee workforce by 10,000 employees without affecting fundamental services for our As we face the fascinating challenge, as we do once every 10 years, of constituents. I think that is a huge success story, if you believe in less drawing new district lines for Congress—welcome, Congressmen—for government. the State Senate, and for the State House, the pessimists are already telling us that reapportionment will consume everything we do, and we On the question of stronger families: since 1999, we’ve increased will not be able to focus on anything else, and that things will become collection of child support by 50 million dollars, helping moms and dads personal, and no substantive piece of serious legislation will pass this of children, whose spouses have abandoned their responsibilities, to session. collect from those who owe their debt.

The pessimists are wrong, as usual, as they almost always are. This On the issue of less taxes: when you add the property tax rollbacks, House is a principle-driven House, not a personality or power-driven the tax cuts for Florida’s seniors and savers, tax holidays, and other tax House. We’ve rededicated ourselves to a tradition, begun by Speaker cuts, we have effectively, in a cumulative way, cut 6.5 billion dollars out Daniel Webster, that serves all of the people by placing principle above of taxing the hard-working people of Florida and our business politics. And we tell people, boldly, what our principles are, and suggest community. I think that’s a huge success story, if you believe in less that all of our amendments and bills be reviewed in light of whether or taxes. not they advance or they diminish those certain principles. More personal responsibility: thanks to initiatives started here in this Teddy Roosevelt gave us some great advice for legislating but Florida House, and by Governor Jeb Bush, you are 50 percent less likely probably particularly in a redistricting year. He said, the most practical today to be the victim of a violent crime than you were in 1990. That is kind of politics is the politics of decency. I appreciate the respect and the a huge success story for all Floridians, and you ought to be proud of it. decency each of you accord one another in this process. I think it will be as important this year as it ever has been in the history of Florida. And finally, with respect to more individual freedom: in 1996, there were five charter schools in the state of Florida. Today there are over Let’s look at some things that this Florida House, over the last few 149, parents can opt their children into and get a better education. years, has proudly accomplished: the Security Task Force last year led Moreover, there are some 27,000 students currently served by those by Representatives Gelber and Goodlette. On September 11th last fall, charter schools. an international group of Hitlerian-style thugs, for the first time since 1812, attacked Americans on the continental 48 mainland. This is a Thanks to the A+ Plan, Florida went from 78 failing schools three challenge provided to states, including, and perhaps especially Florida, years ago, to zero this year. And a Harvard study suggests that it was that we heretofore have not been used to dealing with. Even during the the threat of Opportunity Scholarships under that A+ Plan that Cuban Missile Crisis, with missiles just 90 miles off our shore, ultimately is responsible for all of those F schools coming up at least one Floridians relied completely and wholly on the Federal Government to grade level. protect us from foreign threats. Those days are over. We recognize that The McKay Scholarship Program is the largest opportunity we’ve got security threats that we must meet. And an army of sixteen scholarship program in the country allowing children that are disabled and a half million Floridians have to use their eyes and their ears each or have learning disabilities to opt into a better learning environment. and every day to make sure that we are reporting suspicious behavior, we’re working with law enforcement working in our communities. The And finally, the corporate income tax credits: I joined Gary Siplin in challenge has come to our front door, but as Americans and Floridians, his district the other day in the historic community of Eatonville. And we’ve always risen to the challenge and we will continue to do so. you should’ve seen the joy in the eyes of the parents and the community leaders as the sheriff’s office and a local pastor announced plans to But we are in no rush to discard precious liberties that our founding produce schools right in the Eatonville community, where parents could fathers fought for and our, as Jefferson said, Creator endowed us with. opt their children into an environment which will be safe, which will be Security without freedom is totalitarianism. Individual license and community-run, and where basics like reading, writing, and arithmetic, freedom without any security is chaos and anarchy. As Florida joins the and, yes, values, will be taught to those children. I think all those nation in combatting evil here and abroad, we do so in the spirit of the parents and community leaders were terribly proud. That’s the sort of firefighters and of the policemen and women in New York City at freedom that we believe in, that will impact opportunities for all of the Ground Zero. And to be honest with you, we do so with the unwavering children of Florida, and we are very grateful to have led the way here commitment demonstrated by the private citizens, led by Todd Beamer, in the Florida House. over the airways of Pennsylvania in Flight 93 from United Airlines. Remember, it was Mr. Beamer who said to his fellow passengers: Are There you have it. We believe in less government, lower taxes, you guys ready? Let’s roll. We’re ready to roll here in the Florida House personal responsibility, individual freedom, and stronger families. If you and do what’s right. advance these principles in this House, you’re going to be a success with many of your amendments and some of your bills. Members of both Special Session “C” was a challenge. During that special session, we parties are figuring this principle out. had to adjust Florida’s budget to the new economic reality following the events of September 11th. The House led the way in providing strong Representative Cusack came to speak to me about two months ago, fiscal management, responsible budgeting, to reduce excess spending and she sat down with a bill that she had proposed, that allowed while still protecting our most vulnerable seniors and children. Thanks volunteer time for nurses and others in our school system. And she to your leadership, we were able to reduce the budget base by almost 1.3 suggested, as she went principle by principle, she said, Speaker, here’s billion dollars annually, while, at the same time, spending for education how this bill meets this principle, and she went line by line by line. Now has increased over the last fiscal year, and our most vulnerable citizens she’s made a believer—[applause] go ahead, applaud Representative are provided with the services that they need most. Even after we made Cusack, [applause]—she’s made a believer of me, Representative the necessary budget adjustments, Florida still increased spending on Cusack, that you know how to work within these principles to advance public schools and education overall by approximately 675 million and advocate the things that you believe in. And I congratulate you and dollars. Overall, education spending now comprises 52 percent of our the many other Members of the Florida House that are working on these general revenue budget. issues.

The Legislature has accomplished so much, but there is a lot of hard Tax reform is an issue that President McKay has asked us to take a work that remains to be done. I want to point out how following our serious look at. I think John McKay is a good friend and a great principles—and each Member should be receiving from my office today, Floridian, and at a minimum, this House has a responsibility, not just a set of those principles that you can hang on your wall, that can guide to the President, but to all of the people of Florida, to review the you in your legislating for the next couple months. proposals as they are coming from the Senate, as diligently as we January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 7 possibly can. I think it’s critical that we give the President the respect place to work. I will tell you that we have some great challenges in front that his proposal is due. And that we spend time, each and every one of of us, but we’re going to have a lot of fun. We’ve gotten to know one us, studying both the prospective advantages and the potential another, and we’re going to have a lot more fun in the next few months. disadvantages to this enormous and dramatic proposed change to our I’m grateful to be part of it. All of us, all 120 of us, are great leaders in tax structure. this state. We’ve got challenges, but we’re prepared to step up and meet those challenges. Some of you have perhaps noted this issue’s generated a little bit of controversy in the last few weeks. This House has never been afraid of As we work to meet the challenge of leadership, I hope we can controversy. And this House has never been afraid to debate ideas based exemplify leadership that Ronald Reagan described: to have the vision on principles. And we’re not afraid to talk about and discuss and review to dream of a better, safer world, and the courage, persistence, and any proposal that comes from a respected leader of the Florida Senate. patience to turn that dream into a reality. I hope that, 60 days from now, And so, towards that end I’ve asked Johnnie Byrd and a select we can stand up and say of each of our fellow legislators that he or she committee to spend a great deal of time thoroughly reviewing the approached every day, every task, every issue, with a vision, with proposals as they come forth from the Florida Senate. While I like the courage, with principles, with persistence, and patience. prospect of cutting the sales tax rate and reviewing non-meritorious exemptions in this system, and I think that that is a very merit-worthy The challenges are daunting, but we rely on one another to help meet proposal for us to review, I also want to make sure that we deal with all these challenges for all the people of Florida. I’m grateful to be part of of the potential complex and fundamental questions involved in this body. Thank you. [applause] reviewing this plan. Adjournment The President is a friend and dedicated Floridian. But it’s critical that, as we move forward, we not deal with personalities but we base our On motion by Rep. Byrd, the House adjourned at 10:46 a.m., upon the decisions on our principles. It’s important that we not retard any receiving of Reports, for the purpose of attending the Joint Session, economic recovery by adopting regulations or new taxes that would holding committee and council meetings, and conducting other House impede economic growth or job opportunities. Any new tax proposal business, to reconvene at 1:30 p.m., Thursday, January 31, 2002. must fundamentally be judged on the following basic questions: Does it expand job growth? Does it expand economic opportunities? And does it JOINT SESSION expand prosperity in Florida? And any plan that passes those tests, I Pursuant to HCR 1-Org., the Members of the Senate, escorted by the think will get a favorable reception here. If it doesn’t, it probably will Sergeant at Arms of the Senate and the Sergeant at Arms of the House, need to be modified or rejected. were seated in the Chamber. The President and President pro tempore Regardless of what happens on tax proposals, I can tell you the best joined the Speaker and Speaker pro tempore at the rostrum. The way to enhance Florida’s tax revenues is to expand our economic Secretary joined the Clerk at the front desk. prosperity in our state. I think one of the things that we’ve done— [applause] Historically in Florida, we’ve relied on the agriculture Arrival of Lieutenant Governor and Cabinet community, the construction industry, and the tourism sector to provide The Honorable Frank Brogan, Lieutenant Governor; the Honorable most of our revenues. I believe that this House has been the leader, Katherine Harris, Secretary of State; the Honorable Robert A. along with the e-mail Governor, Jeb Bush, in building a fourth Butterworth, Attorney General; the Honorable Robert F. Milligan, important economic leg to the base of our revenue structure. And that’s Comptroller; the Honorable Tom Gallagher, Treasurer and our high-tech future. Commissioner of Insurance; the Honorable Charles H. Bronson, It has been our goal, and my goal, to position Florida as the Commissioner of Agriculture; and the Honorable Charlie Crist, international gateway to technology for the next century. Florida now Commissioner of Education, constituting the Cabinet, were escorted ranks first in the southeastern United States and sixth nationally in into the Chamber by the Sergeant at Arms of the House and seated. total high-tech employment and high-tech business. And we are growing Arrival of Supreme Court rapidly into those areas. More than 9,000 high-tech businesses have been established in Florida, employing some 200,000 people, and it is Chief Justice Charles T. Wells, Justice Leander J. Shaw, Jr., Justice growing every day. From the telecommunications jobs in the Panhandle Major B. Harding, Justice Harry Lee Anstead, Justice Barbara J. to the powerful and exciting high-tech I-4 corridor between the Pariente, Justice R. Fred Lewis, and Justice Peggy A. Quince, University of Central Florida and USF, to the network access point in constituting the Supreme Court, were escorted into the Chamber by the Miami—Florida is becoming the Silicon Beach of tomorrow. And it is the Sergeant at Arms of the Senate and seated. best thing we can do for our revenue base, for Floridians for the future. I believe that this body, our partners in the Senate, and the E-Governor, The Speaker presented the gavel to the Honorable John M. McKay, can and must work harder to basically help this new, fourth leg of the President of the Senate, asking him to preside over the Joint Session. economic stool in Florida grow and build us a bright future for our children, and their children as well. THE PRESIDENT OF THE SENATE PRESIDING

Technology can be used right here in the House. And I want to tell you A quorum of the Joint Session was declared present. that we are the most technologically-advanced Chamber we’re aware of. This year we’re going to change the whole way we do our bill system, so Prayer that, not just the Members of the House, citizens around the state, The following prayer was offered by Father Dennis Kezar of Christ lobbyists, and reporters can get real-time amendments as they are Episcopal Church of Bradenton: passed through committee. And we’ve got a number of legislators that have volunteered to be “guinea pigs” as we adopt this new system that Almighty God, Creator of the Universe, we thank You for the beauties will save potentially millions of dollars on an annual basis for the and the abundant resources of our state’s land, waters, and sky. We Florida House. So thanks to Representatives Bense, Cantens, Gelber, thank You for the rich diversity of peoples, cultures, and talents which Henriquez, Mayfield, and Rubio, for agreeing to be these “guinea pigs.” You have brought within our borders and for the high privilege and Ultimately, while the cost will be less than three million dollars a year, responsibility entrusted in Your name to our Governor, to the Members we now spend some nine million dollars a year on the integrated of the Cabinet, to the Justices of our Supreme Court, and to the Senators systems that we have. and Representatives who comprise our Legislature.

And, finally, I would tell you that, as we begin the 104th Regular Grant them, we pray, wisdom and strength to discern and fulfill their Session of the Legislature since our Statehood began in 1845, I’m proud calling to serve all the people of Florida with devotion and distinction. of this great institution. The Florida House of Representatives is a great Help them to listen intently to You and to one another with courtesy and 8 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 respect, and to seek that unity of purpose and profound charitableness As I’ve come to expect from Floridians, we’ve been extraordinary in toward one another that only You can give. Deliver them, O Lord, from our response to that threat. [applause] all meanness of spirit and self-seeking. Help them to expand their borders, to lift their horizons to include all Your children in loving care Here, above us, is the face of someone who is extraordinary. Here is and to serve the common good, by finding the wisest path amidst a sea the face of a hero. Here is the face of a fellow Floridian, CeeCee Lyles. of conflicting claims and complex matters. CeeCee is a woman, with her husband Lorne, raised four sons and stepsons, sometimes working three jobs to support her family. Continue, we pray, to shield and protect us from all evil and from all Amazingly, she also found time to volunteer at Restoration House, a of those who wish us ill. Hold Your almighty hand out over the men and faith-based women’s shelter. women of our armed forces, at home and abroad. Defend them day and night with Your heavenly grace. Strengthen them in their trials and She worked her way up from patrol officer to police detective in the temptations. Give them courage to face the perils which beset them. Fort Pierce Police Department, and she wasn’t above tackling fleeing Give them an abiding sense of Your presence, wherever they may be, criminals if the need arose. She had a way of making her dreams come and restore them safely to a grateful nation. true. Ultimately, she was able to realize her dream to see the world by becoming a flight attendant with United Airlines. Be with us now and always, O Heavenly Father, as our ruler and th guide. For we ask all this in Your Most Holy Name. Amen. And so on September 11 , she boarded Flight 93 headed from Newark to San Francisco. As you probably know, it was a flight that never Pledge reached its destination. Somewhere over Pennsylvania, the passengers and crew helped bring down the plane that was minutes—minutes— The Members of the Joint Session, led by President McKay, pledged from its intended target in the Washington, D.C., area. But before they allegiance to the Flag. did, CeeCee Lyles called home to tell Lorne of her love for him and the boys, and then she calmly prayed. Committee to the Governor Lorne Lyles and two of his sons are with us here today. I would ask On motion by Rep. Byrd, the President appointed Senators them to stand and ask you to join me in honoring CeeCee Lyles. Holzendorf, Dyer, Burt, Latvala, Sullivan, Rossin, Silver, and Jones, [applause] Thank you. and on behalf of the Speaker, appointed Reps. Betancourt, Crow, Fasano, Flanagan, Lynn, Ritter, and Trovillion as a joint committee to CeeCee Lyles was a Floridian. Like so many Floridians, she reminds notify the Governor that the Legislature had assembled to receive his us of the power of resolve and our inherited imperative to seize the message. The committee retired to execute its responsibility. American Dream. Who among us is not humbled by the accomplishments in her life? Who among us is not awed by the depth of The Joint Session stood at ease, awaiting the arrival of the Governor. her courage on that fateful day?

Presentation of the Governor It’s not just the way she died, but the way CeeCee lived, that is heroic. CeeCee Lyles was a hero long, long before she boarded that plane. She Upon announcement by the House Sergeant at Arms, the committee reflects what is best about our state: the push beyond conventional escorted Governor Bush to the rostrum. expectations, the limitless opportunity for individual growth, and the elevation of those whose lives we touch. It is because of CeeCee Lyles President McKay introduced Columba Bush, the First Lady of and Floridians like her that we will continue to rise as a state. Florida; Michelle McKay, wife of President McKay; Ellen Feeney, wife of Speaker Feeney; Tommy and Sean Feeney, sons of Speaker Feeney; As a state, we will meet, and soon overcome, the obstacles that evil Tom Feeney, father of Speaker Feeney; Betty Feeney, mother of Speaker has devised. We will understand, and soon eliminate, any barrier that Feeney; and Ed Feeney, uncle of Speaker Feeney. would keep this state from realizing its destiny. And when we do, we will be stronger and better for it. Floridians are united as never before, and The President presented the gavel to the Honorable Tom Feeney, when the current crisis has passed, we will remain bound to one another Speaker of the House, asking him to preside over the Joint Session. in a spirit of caring and community that will endure—stronger, wiser, THE SPEAKER OF THE HOUSE PRESIDING with an unshakable determination. My friends, that is the state of our state. [applause] Speaker Feeney presented the Honorable Jeb Bush, Governor, who addressed the Joint Session as follows: So let us begin this year by ensuring that CeeCee Lyles’s sacrifice and that of our other Floridians and other Americans was not in vain. We Governor’s Address must continue to thwart those who would try to harm us. We must renew our commitment to ensure the security of our citizens and our Thank you all. Thank you very much. Thank you. Please sit down. guests. Thank you all very much. Thank you, Mr. Speaker, Mr. President, my th friends in the Legislature, honored guests, and my fellow Floridians. Immediately following the terrorist attacks on September 11 , we Good morning to you all. acted quickly. By executive order, I put in new programs that bolstered law enforcement’s abilities to deal with the terrorist threat and In most years, we mark change by the passing of foreseeable events. authorized specialized training for domestic security personnel. We take measured steps into a predictable future. The patterns are reassuring, the progress orderly and planned. In this room for example, I’m proud of the rapid response of the Legislature in aggressively laws are debated, budgets are passed, and an old familiar rhythm guides addressing this new threat. A few weeks ago, in special session, you your actions. I know some of you don’t think that it’s particularly dedicated more than 17 million dollars in new programs to bolster rhythmic, but I can assure you that it is. homeland security. You put in place harsher criminal penalties for terrorist acts and created a new, coordinated system that is a model for Florida has its own rhythm, too. People go to work. They watch their the rest of the country for law enforcement’s response to terrorism. children learn and grow and start families of their own. They play in the sun and pass their lives enjoying the outsized blessings that make our But we must do more: I am proposing this session that we spend 45 state truly unique. million dollars to further strengthen domestic security, including 6 million dollars to continue the efforts begun in the current year. In But since I spoke to you here last, a new rhythm has violently layered addition, we’ll enhance our ability to aggressively confront bioterrorism over the old. We awoke one morning in September, and the world by building new labs that will quickly analyze and respond to terrorist lurched on its axis. We awoke one morning in September, and we threats. We also propose nearly 10 million dollars to strengthen our confronted a threat that is unprecedented for our generation. network of truck inspection stations, including the purchase of January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 9 machines that can provide X-ray pictures of the contents of an entire from four years ago. The number of developmentally disabled being truck at one time. We’ve set aside nearly 4 million dollars to continue to served has increased by 330 percent over the four years. fortify our regional domestic security task force structure and fund the statewide domestic security database and training. Over 14 million Public safety, too, has been protected, and convicted criminals will dollars is devoted to expand critical laboratory capacity, response continue to serve 85 percent of their sentences. Over the last two years, capability, and staffing for the seven regional disaster areas, including, thanks to the good work of the Florida Legislature, the Florida gun of course, the Medical Assistance Teams. Let me be clear about this: we crime rate is down by more than 25 percent. And do you know what that will do all within our means to thwart any terrorist attack in our state. equates to? It translates into 18 fewer gun assaults each day in this [applause] state in the year 2000 compared to 1998.

And while we’ll never lose sight of this new priority in our state and You all deserve our thanks. Thank you, the members of the Florida the enormous human toll that is caused by these barbaric acts, we also Legislature, for your vision and courage in these very challenging acknowledge the financial impact that it has had on our economy here. economic times. [applause] No state has been immune from the fiscal consequences of the terrorist On a personal note, I want to extend my thanks to a few leaders that attacks, including Florida. are here with us today. First, Lieutenant Governor Frank Brogan. In recent weeks, we’ve already taken bold steps to help restore our Frank, we have accomplished a lot together during these last three years. [applause] I so much appreciate your friendship and your economy, launching programs like Operation Paycheck and passing an leadership. And I particularly thank you for the pretzels which you’re economic stimulus package aimed at creating more than 33,000 new constantly offering up to me during these last couple of days. construction jobs in this state. [laughter] I don’t know why. [laughter] [applause] I was working last And I’m pleased to say that these measures are working. Today we week and missed whatever caused this too. I don’t know. have in the audience Archie Arosemena, a Floridian and father of two I also want to give special thanks to President McKay and Speaker from Orlando. Until September 11th, Archie worked for American Eagle Feeney. Together, we have undertaken some visionary reforms for the Airlines, earning about 8 dollars and 50 cents an hour. He was laid off, people of Florida in a whole host of areas. You should be proud of what but then he heard about Operation Paycheck on the news. He entered you’ve accomplished in your leadership in the Legislature. the program, and he will now be retrained as a high-tech worker. In two weeks, he starts courses at the University of Central Florida to become Senator King and Representative Byrd, I want to extend once again a Microsoft Certified Systems Engineer. When he graduates, he can my congratulations to each of you for succeeding such worthy leaders, expect to earn anywhere from 40,000 dollars a year to 60,000 dollars a and I look forward to working with you more closely in the coming year year. Archie, please stand and let us wish you good luck. [applause] and, maybe, after that as well. [applause]

Archie, Speaker Feeney said he might need some retraining after Under these leaders, you, the members of the Legislature, have finishing his term. So maybe you can give him some of your experiences improved the lives of all Floridians. You should be really proud of what after you graduate. It is great to hear the soon-to-be success stories like you’ve done. As we move forward we must continue our commitment to Archie’s, but there’s much more to do over the long haul. We must fund a state budget that focuses on our policy priority, making improved restore the health of businesses that we already have in our state, and educational opportunity our top long-term goal. Let me say it again: we must grow new businesses that diversify and strengthen our excellence in education must be our highest priority in this state. economic base. Chief among the new industries that will transform [applause] Florida are those that create high-tech jobs, from Florida’s globally- recognized strengths, such as the simulation, optics, and space You know, when the children of Florida receive the education they technology fields, to emerging new sectors, such as biotechnology, deserve, other goals, such as a strong economy, lower crime rates, nanotechnology, and artificial intelligence. healthier families, and less demands on government, fall within easy reach. It’s clear to me, and I know it’s clear to you, based on your efforts That is why this session I propose that we dedicate 100 million dollars over the last three years, that education is not just part of the to create the Florida Technology Development Initiative. This initiative foundation on which we build the next Florida, it is the foundation for will build centers of excellence among our universities, dedicated to the our state. [applause] key research necessary for building our promising technology sector. New facilities, laboratories, and endowed academic chairs will be the Consider how far we’ve moved in education over these last three catalysts for entrepreneurial investment. If we build it, they will come. years. Today, we take for granted things that were almost unimaginable If we seize this opportunity, the best and brightest researchers, a few years ago. innovators, and entrepreneurs will call Florida home. And they, in turn, In 1997 and 1998 as a candidate for Governor, I visited more than 250 will help build businesses that will fuel our economy for the next schools. I listened and I learned. I heard parents say they wanted to century. know if their children were going to good schools, and they wanted a While the long-term economic prospects are bright, today we are faced choice if their children were trapped in a failing school. I heard teachers with the challenges of a short-term recession. State government, along say that they wanted the opportunity to be measured and rewarded for with all of Florida, has had to cope with the effects of this economic their efforts, and that they welcomed the chance to grow as downturn. When you met in special session a few weeks ago, you dealt professionals. I heard principals say that they were frustrated by the with a 1.3 billion dollar shortfall in our budget, and, in doing so, you disjointed education bureaucracy that siphoned off money from the protected Florida’s top priorities. classroom and tied their hands.

Even after the special session, education funding remains at historic And so, three years ago, with your help, we put into place the A+ Plan. levels. The per-student funding is at an all-time high. The K-12 budget For the first time in Florida, schools were held accountable. They is over 2 billion dollars higher than when I took office, and funding for received a letter grade based on student achievement. Parents were direct classroom instruction has been enhanced. [applause] given knowledge that should be commonplace, but, at that time, it was— in fact, all across the country we’re the only state that actually has the The health and human services spending has increased by a record 4 ability to measure schools based on student performance. They are now billion dollars. And if you take our recommendations for the fourth year, told, parents are told, how good their schools are based on student that number goes to 5.2 billion dollars over a four-year period. And it’s learning. And children who were trapped in “F” schools for two years impacted all sorts of people in our state that have been deserving of were given the opportunity to attend a better school. Teachers were receiving better assistance. For example, under our KidCare and given more training and greater rewards for their successes. And Medicaid budget recommendations, 1.3 million children—1.3 million principals have been given more control over their budgets. And the children—will be receiving health care coverage. That’s up 69 percent results? They’re nothing short of amazing. 10 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

Here is the map of Florida showing the “F” schools in 1999. There I would like to dedicate almost a billion dollars in new money to were 78 of them. Consider this picture: they’re not just dots on a map; education, of which 726 million dollars would go for the K-12 system. they illustrate the sad consequence of low expectations and little That’s about a 6.1 percent increase over the current year, or roughly a accountability. They were 78 sites that held the buried potential of 3 percent per student increase year-to-year. thousands of schoolchildren. In tough economic times, this kind of commitment requires that we But look what happens when the “F” schools in two years since we make hard choices, that we sacrifice. But what greater reason to make implemented the A+ Plan. They’re gone. They’ve disappeared. these sacrifices than for Florida’s children? [applause] But, you know, unlike other kinds of great disappearing Just as the state has a vital role in paying for public education, so do acts, there’s no magic here, only the extraordinary efforts of teachers, of local governments have the task of responsibly planning for growth. parents, and of students who’ve rededicated themselves to excellence There’s a price that comes from development, but in the past we’ve shied and learning. away from acknowledging the link between building permits and One of the disappearing red dots on this map represents Hollywood overcrowded classrooms. We must find the resolve to improve our Park Elementary in Broward County. It is a school with 84 percent of growth management laws to address the challenges of the new century. its students in the free and reduced lunch programs, and it was It is time to plan for schools with the same enthusiasm that we show for struggling. In 1999 it earned an “F”, and in the year 2000 it rose, the planning for the development that will fill them. This session, I urge you school’s grade rose to a “D.” Then things really began to turn around. to change our growth management laws so school construction can keep They retained a full-time reading resource specialist and a full-time pace with development. [applause] reading teacher and they instituted a full-time reading plan. The result? Of course, education is about more than just building classrooms. It’s They went all the way from a “D” to an “A” in the year 2001. It’s just one about mastering the core skills that we need to succeed in life. If of the great stories that each one of these 78 schools, former “F” schools, education is the foundation of success in our state, which I passionately represents. believe is true, then reading is the foundation of education. That is why this year I urge you to commit this state on a long-term basis, not just But the success doesn’t end just there. Here’s a map that shows the for one year, but on a long-term basis, to fundamental reading number of high-performing “A” and “B” schools in 1999. You’ll see only initiatives that will achieve the goal of helping all children read at 21 percent of our schools were high-performing. But now look what fourth grade level by fourth grade. Yes, all students by fourth grade happens over two years. reading at grade level. Now there are twice as many high-performing schools, 41 percent in Today, only 53 percent would meet that goal, 53 percent, which is a all. With the A+ Plan, we have nearly doubled the number of high- tragedy waiting to unfold. Almost half of our fourth grade students can’t performing schools in our state. And you all should deserve high praise read at the fourth grade level. And we’ve allowed it to happen year after for your efforts. [applause] This isn’t just about statistics and year after year. This is the precursor to higher drop out rates. It is the numbers. This means that hundreds of thousands of kids are now precursor to burdening society in a variety of ways. It is the precursor getting the chance for a high quality education to allow them to pursue to rising crime. Worse yet, it is the ever-rising barrier for a person to their dreams. And guess what? Our greatest gains are among minority pursue any kind of dream at all. All the research shows that if children and disadvantaged students. aren’t reading at grade level by the fourth grade, the chances to learn As this graph shows, last year’s average gains on the FCAT for grades going forward are diminished. 8 and 10 in math were higher for African-American and Hispanic But once students at grade level in the early years make that grade students than their counterparts. level, we need to make sure that reading is not ignored after that. Just I’m also happy to report that minorities are making progress in as working out regularly keeps the body in shape, at least that’s what reading. On the 4th Grade FCAT test, perhaps the most important Senator Silver tells me, [laughter] so does reading instruction past measurement that we have going forward to assure that children are fourth grade help the mind and overall learning. In the past, once reading, 56 percent of African-American students scored at the lowest students achieved our expectations in the early years, we ignored reading after that. This creates a failure to meet high expectations. level, Level One, in 1999. That dropped to 43 percent in the year 2001. Hispanic students scoring at Level One dropped from 40 percent to 29 As part of this initiative, we are currently evaluating the effectiveness percent. of reading programs statewide so that we can identify the programs that are most effective at improving reading. Combined with federal funds, Let me be clear: we’ve got a long, long way to go, but the achievement made available through the Reading First Initiative that passed several gap is closing. We’re one of the few states in the country that can say weeks ago, I am recommending that next year we spend more than 50 this. This is our highest calling, to make sure that every child is given million dollars in state and federal funds to enhance reading in the ability to learn. These results demonstrate that we can make kindergarten through 8th grade programs. This money will go to progress and we must keep our commitment to leave no child behind. professional development for teachers and training and innovative My friends, we’re beginning to win this fight. We really are. [applause] programs for students that are aimed at meeting our reading goals. But now’s not the time to grow complacent. We must strive to My hope and dream is that we make this our highest calling in our improve, to raise the bar. School grades will now measure the annual state. We have priorities galore in the state of Florida, but imagine what learning gains of students, which was part of the original vision of the it would be like if all of us, members of the Legislature, Governors, A+ Plan. Now, in addition to tougher standards in reading and math, business people, members of the Supreme Court, and everybody else in schools will be held accountable as well and rewarded for the progress this state said that every child has the ability to learn, and every child of their lowest performing students. And there’s a greater focus on is going to achieve grade level expectations in fourth grade in reading. reading in the measuring of schools. We must continue to push the This state will take off. And I hope that you’ll be a partner in this envelope out on behalf of our students, to accept nothing less than the effort. [applause] best for and from our students in this state. Our reading initiatives won’t just be linked to the A+ Plan, but also To help build on the successes of the A+ Plan, we must continue to with our School Readiness Program. We’re reaching 30,000 more increase funding for our schools. Here is a graph showing the increases disadvantaged Florida children than we were in 1999. You see, learning, in our K-20 education funding over the last three years. This includes— as we know, begins early, and we must ensure our next generation of in the K-12 system—an 18 percent increase, or 2 billion dollars in readers arrives at school prepared to learn. student funding for Florida’s public schools over the last three years. We should continue this trend, and so this year I’m proposing we greatly There are many people in this room who understand the vital increase total K-20 funding. importance of our reading initiative, and reading in general, but there’s January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 11 one I want to mention today—Deborah Clarke. Deborah is a teacher at investment climate. What of tax equity and fairness? Will Floridians Frontier Elementary in Palm Beach County. When she was in high have to pay more and our tourists less, or is it the other way around? school, Deborah realized that her dad couldn’t read. At that moment, What about the costs of compliance? You know, my hope is that we have she committed herself to teaching him that vital skill. And since then, a debate, and I heard your speech, Mr. President, about this in the she’s taught countless others, using her awesome determination to Senate. I hope that we have a debate about these policy issues, and not ensure that they would not have to suffer that burden. about whose, you know, whose ox is going to get gored. This is a big issue that needs to be discussed. A lot of jobs are at stake, and while I do truly Deborah Clarke has achieved remarkable results. Some of her first admire you for doing this, I hope that the debate does not get into a graders are reading entire novels by the time they leave her class, and position where we cannot have a thoughtful discussion about these her second graders are showing reading improvements that almost defy important issues. My belief is—[applause] belief. Deborah understands the power of teaching and the fairness of measuring results. She believes in the A+ Plan. Deborah, please stand, Let me be clear about this: we are building in Florida a business and let us thank you for your efforts. [applause] climate that is second to none in the country. I’m proud of the fact that this state leads the nation this year. In a tough time, we lead the nation Deborah and thousands of teachers and administrators who are equally dedicated have earned our trust. They truly have. I urge you to in job growth. Most states have seen declining employment; our make permanent the budget flexibility for our school districts, as well as employment grew by 1.9 percent in the last year. And we led the nation, for our universities and community colleges, that we allowed recently to I believe, also—if you count up the number of jobs in the last four years, meet the current budget shortfall. This session, I’m asking that we give or last three years, 600,000 new jobs have been created in Florida. Our our fine educators the flexibility to change their budgets. It seems to me, current tax structure, and by the way, coupled with some strong tax accountability in return for freedom to act is a good bargain for this relief [applause], has fostered economic growth and job creation. And state. while improvement is always welcomed, let us be careful not to legislate away something that is a competitive advantage that benefits the people And finally, as it relates to education, we must conclusively address that we serve. the issue of social promotion, so that, once and for all, we eliminate the practice of advancing students because of their age rather than their As for me, I hope you know my philosophy by now. It is not the job of knowledge. I know this is tough, but this is something that we have to government to constantly seek more revenue for itself, but to provide confront head-on. The A+ Plan sought to eliminate social promotion, but essential services responsibly, to create a climate of achievement, and many of Florida’s school districts have failed to comply with this part of then let families, entrepreneurs, and communities do the rest. the law. For example, during the 2000 school year, thirty out of a [applause] hundred fourth graders scored at the lowest level in reading, Level One As we ponder important fiscal issues, there is another one that out of five, but only three out of a hundred fourth graders were held commands our attention. Our administration worked diligently with back. We aren’t doing our kids any favors when we challenge them with citizen groups, environmentalists, localities, farmers, this Legislature, advanced material before they’ve mastered the basics. of course, and our leaders in Washington to create a historic accord to I propose we give the social promotion language some teeth so that save and restore the Everglades. This agreement, once fully school districts won’t give up on teaching our kids how to read. We implemented, will allow the Everglades to function much more like it should insist that they clearly communicate to their communities their did a century ago. But implementation of this plan is threatened promotion and retention policies, for example. School districts should because funding for the project has become uncertain. That is why this report the number of students performing below grade level and how year I am proposing a dedicated funding source for the plan that will many of them actually get a new chance to establish their reading skills generate the state’s annual contribution of 100 million dollars. I urge before moving on. you to approve this funding plan so that the Everglades will be protected forever. [applause] The best solution, of course, is to remediate struggling readers during the school year, to get them the extra help they need to stay on track and These, then, are some of the issues and programs I ask you to consider to get back on track. this year. There are others that are also extraordinarily compelling: our ongoing battles against drug abuse and domestic violence, our support But for school districts that continue to circumvent the intent of the for seniors, and our commitment to the developmentally disabled are law, there should be consequences, perhaps including withholding of important issues that will have to be dealt with as we do each and every administrative funds. The people have spoken through you on this issue. year. But as the debate intensifies and the workdays lengthen, we We passed a law three years ago to eliminate social promotion, and should not lose sight of the more powerful forces or higher goals beyond enforcing this portion of the law is a commitment never to wash our this room that shape our state each day. hands of a child’s future. And I urge you to make modifications of this bill. [applause] It is our people, not our government, that determine whether we rise or fall as a state. It is their spirit, and not our programs, that propel us If we make Florida secure and provide educational opportunity, we forward. We need to only remember CeeCee Lyles and the millions of will grow and thrive as a state. But government must hold up its part Floridians like her to remind us of the greatness that quietly resides in of the bargain. It is our duty. It is our duty to take a sound fiscal our people. approach towards the operations of state government. Part of our job is to ensure we have a fair tax structure. President McKay and others have We, in this room, have the privilege of serving the people of Florida. suggested a bold revision to our current tax system, essentially lowering In the coming weeks, let us serve them well. Let us serve them so that the sales tax rate while broadening the application on a host of services when our children look back on this time, they will see the moment of that are now untaxed. John, I commend you for your willingness to take change when our state grew together and solidified its place on the top on such a big idea. tier. There are 16 million Floridians. There is but one destiny.

And as Governor, I want to facilitate full, honest, and transparent Thank you all very much. God bless the United States of America, and dialogue on this issue. And, as the debate has begun, I hope that there God bless Florida. [applause] will be some answers to some commonsense questions that should determine the direction we take as a state on this issue. For example, Motion how will this plan affect the competitiveness of Florida’s businesses, most particularly our small businesses that drive our economy? How Following his address, Governor Bush was escorted from the Chamber will the debate over the next two years impact the investment climate by the committee. The members of the Supreme Court and the as people make decisions about investing in the world that is so Lieutenant Governor and Cabinet were escorted from the Chamber by competitive, they can invest anywhere? We need to have a certain the Sergeants at Arms of the Senate and House. 12 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

On motion by Senator Lee, the Joint Session was dissolved at HB 13—Withdrawn 12:04 p.m., and the Senators were escorted from the Chamber by the Senate Sergeant at Arms. By Representative Heyman—

Messages from the Senate HB 15—A bill to be entitled An act relating to State Uniform Traffic Control; amending s. 316.655, F.S.; providing for enhanced penalties for The Honorable Tom Feeney, Speaker certain violations of chapter 316, F.S.; creating s. 318.211, F.S.; providing for the disposition of such enhanced penalties; providing an I am directed to inform the House of Representatives that the Senate effective date. has adopted HCR 1-Org. Faye W. Blanton, Secretary First reading by publication (Art. III, s. 7, Florida Constitution).

The above concurrent resolution was ordered enrolled. Referred to the Committees on Transportation; Fiscal Policy & Resources; and Council for Ready Infrastructure. Introduction and Reference By Representatives Heyman— By Representative Kyle— HB 17—A bill to be entitled An act relating to retired judges; HJR 1—A joint resolution proposing a revision of Article V of the amending s. 25.073, F.S.; redefining the term “retired justice” or “retired State Constitution, relating to the judiciary. judge” with respect to certain justices or judges assigned to temporary duty; 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 on State Administration. Referred to the Committee on Judicial Oversight; and Council for HB 3—Withdrawn Smarter Government. By Representatives Kilmer, Bilirakis, Bennett, and Hogan— HB 19—Withdrawn HB 5—A bill to be entitled An act relating to disability in the line of duty; amending s. 112.18, F.S.; expanding the provisions of law with By Representative Slosberg— respect to disability in the line of duty to include all law enforcement HB 21—A bill to be entitled An act relating to uniform traffic control; officers and certain correctional officers; providing a finding of creating the “Red Light Safety Act of 2002”; amending s. 316.003, F.S.; important state interest; providing an effective date. defining the term “traffic infraction detector”; creating a pilot project in First reading by publication (Art. III, s. 7, Florida Constitution). Palm Beach and Pinellas Counties administered by the Department of Highway Safety and Motor Vehicles; authorizing the counties and Referred to the Committees on State Administration; Fiscal Policy & municipalities in the pilot project to enact ordinances permitting the use Resources; and Fiscal Responsibility Council. of traffic infraction detectors; providing an exception; providing penalties for traffic control signal violations detected by traffic By Representatives Baker, Bean, Wiles, Cantens, and Harrington— infraction detectors; providing procedures; amending s. 316.0745, F.S.; HB 7—A bill to be entitled An act relating to determinations of providing that traffic infraction detectors must meet certain residency for tuition purposes; amending s. 240.1201, F.S.; revising requirements; amending s. 320.03, F.S.; providing a cross reference in provisions relating to determinations of residency for tuition purposes conformance to the act; prohibiting the issuance of license plates or to classify certain members of the active Florida National Guard as revalidation stickers when fines are outstanding for violations detected residents for tuition purposes; providing an effective date. by traffic infraction detectors; providing for an annual report on the use of traffic infraction detectors by the counties and municipalities in the First reading by publication (Art. III, s. 7, Florida Constitution). pilot project; providing an effective date. Referred to the Committees on Colleges & Universities; Education First reading by publication (Art. III, s. 7, Florida Constitution). Appropriations; and Council for Lifelong Learning. Referred to the Committees on State Administration; Transportation; By Representatives Slosberg and Fields— and Council for Smarter Government. HB 9—A bill to be entitled An act relating to state uniform traffic control; creating s. 316.3046, F.S.; prohibiting the use of a cellular By Representatives Wishner, Ross, Meadows, Bullard, Prieguez, telephone while operating a motor vehicle unless the operator uses a Barreiro, Henriquez, Smith, Greenstein, Sorensen, Littlefield, and Diaz headset or hands-free device; providing for rules; providing a penalty; de la Portilla— providing an effective date. HB 23—A bill to be entitled An act relating to bingo; amending s. First reading by publication (Art. III, s. 7, Florida Constitution). 849.0931, F.S.; defining the terms “instant bingo” and “package”; providing rules for the operation of instant bingo games; providing Referred to the Committee on State Administration; and Council for penalties; providing an effective date. Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Bense, Hogan, and Mayfield— Referred to the Committees on Business Regulation; Fiscal Policy & HB 11—A bill to be entitled An act relating to easements; amending Resources; and Council for Smarter Government. s. 704.08, F.S.; granting an easement for ingress and egress for purposes of visiting or maintenance of a cemetery to members of not-for-profit HB 25—Withdrawn organizations whose purposes include the preservation of Florida’s history; providing an effective date. HB 27—Withdrawn

First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Kyle and Gannon— Referred to the Committee on Judicial Oversight; and Council for HB 29—A bill to be entitled An act relating to real estate brokers; Smarter Government. amending s. 475.01, F.S.; clarifying that chapter 475 is applicable to real January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 13 estate brokers acting as trustees or fiduciaries; providing an effective treatment and rehabilitation personnel at correctional or forensic date. facilities for membership in the Special Risk Class; 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 on Business Regulation; and Council for Smarter Government. Referred to the Committees on State Administration; Fiscal Policy & Resources; and Fiscal Responsibility Council. By Representatives Maygarden, Farkas, Rich, Dockery, Bean, Goodlette, Greenstein, Sobel, Mahon, Detert, Ausley, Richardson, HB 43—Withdrawn Hogan, and Spratt— By Representative Mahon— HB 31—A bill to be entitled An act relating to children; amending s. 624.91, F.S.; revising provisions relating to matching funds under the HB 45—A bill to be entitled An act relating to Palm Beach County; Florida Healthy Kids program to eliminate local government providing for the relief of Angela Jones and Raymond Ferguson, contribution requirements and provide for voluntary local contributions; individually and as personal representatives of the estate of Kharmilia providing an effective date. Ferguson, deceased; authorizing and directing the Palm Beach County Sheriff’s Office to compensate them for the death of Kharmilia Ferguson First reading by publication (Art. III, s. 7, Florida Constitution). as a result of the negligence of the Palm Beach County Sheriff’s Office; Referred to the Committees on Health Regulation; Fiscal Policy & specifying use of funds; providing for reimbursement of Medicaid Resources; Health & Human Services Appropriations; and Council for expenditures; providing an effective date. Smarter Government. Proof of publication of the required notice was attached. HB 33—Withdrawn First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Allen and Siplin— Referred to the Committee on Claims; and Procedural & Redistricting HB 35—A bill to be entitled An act relating to expressway authorities; Council. amending s. 348.0012, F.S.; providing that the Florida Expressway Authority Act does not apply to an expressway authority which has been HB 47—Withdrawn created pursuant to parts II-IX of ch. 348, F.S.; amending s. 348.754, F.S.; revising language with respect to purposes and powers; amending By Representative Gelber— s. 348.7543, F.S.; revising language with respect to bond financing; HB 49—A bill to be entitled An act relating to motorized scooters; amending ss. 348.7544 and 348.7545, F.S.; authorizing the refinancing amending s. 316.003; defining the term “motorized scooter”; amending of the Northwest Beltway Part A and the Western Beltway Part C with s. 316.2065, F.S.; providing motorized scooter operating regulations; certain bonds; amending s. 348.755, F.S.; revising language with respect providing an effective date. to bonds of the Orlando-Orange County Expressway Authority; 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 Committees on Transportation; State Administration; Referred to the Committees on Transportation; Fiscal Policy & and Council for Ready Infrastructure. Resources; and Council for Smarter Government. HB 51—Withdrawn By Representative Harper— By Representatives Farkas, Lerner, and Justice— HB 37—A bill to be entitled An act relating to the Palm Beach County HB 53—A bill to be entitled An act relating to in-school suspension; Health Care District; providing for the relief of James Torrence; amending s. 228.041, F.S.; revising the definition of the term “in-school authorizing and directing the Palm Beach County Health Care District to compensate him for personal injuries resulting from surgery suspension” to include an additional alternative program; creating s. negligently performed by a health care district employee; providing an 230.23155, F.S.; providing funding for the establishment of School- effective date. based Alternative to Suspension Programs (SASPs); providing a process for applying to the Commissioner of Education for funds to establish and Proof of publication of the required notice was attached. conduct a SASP; providing program requirements; requiring an annual report; providing for future 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 on Claims; and Procedural & Redistricting Council. Referred to the Committees on Education Innovation; Education Appropriations; Fiscal Policy & Resources; and Council for Lifelong By Representative Bucher— Learning. HB 39—A bill to be entitled An act relating to the City of West Palm By Representatives Weissman and Ross— Beach; providing for the relief of Rosemary Falkinburg; authorizing and directing the City of West Palm Beach to compensate Rosemary HB 55—A bill to be entitled An act relating to children and families; Falkinburg for personal injuries she suffered due to the negligence of a creating s. 752.011, F.S.; providing for court-ordered visitation for city employee; providing an effective date. grandparents and great-grandparents under certain circumstances; Proof of publication of the required notice was attached. providing for appointment of a guardian ad litem and family mediation if the court makes a preliminary finding that the minor is threatened First reading by publication (Art. III, s. 7, Florida Constitution). with demonstrable significant mental or emotional harm without such visitation; requiring court-ordered evaluation of the child if mediation Referred to the Committee on Claims; and Procedural & Redistricting fails; providing for a hearing to determine whether the minor is Council. threatened with demonstrable significant mental or emotional harm; By Representatives Richardson and Dockery— providing criteria for such a determination; providing for attorney’s fees and costs; applying the Uniform Child Custody Jurisdiction Act; HB 41—A bill to be entitled An act relating to the Florida Retirement repealing s. 752.01, F.S., relating to grandparental visitation; System; amending s. 121.0515, F.S.; providing eligibility of certain encouraging consolidation of actions under ss. 61.13, and 752.011, F.S.; 14 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 amending ss. 752.015 and 752.07, F.S., to conform cross references; provide services under a health care plan or health insurance policy or amending s. 39.01, F.S.; including references to great-grandparents in contract; providing limitations; providing for civil penalties; providing definitions relating to dependent children; amending s. 39.509, F.S.; application; amending s. 641.28, F.S.; limiting the parties that may providing for great-grandparents’ visitation rights; amending ss. 39.801 recover attorney’s fees and court costs in an action to enforce the terms and 63.0425, F.S.; providing for a great-grandparent’s right to adopt; of a health maintenance contract; providing an effective date. amending s. 61.13, F.S.; providing for great-grandparents’ visitation rights and standing with regard to evaluating custody arrangements; First reading by publication (Art. III, s. 7, Florida Constitution). conforming this section to provisions of this act; amending s. 63.172, Referred to the Committees on Health Promotion; Insurance; and F.S.; conforming references relating to great-grandparental visitation Council for Healthy Communities. rights under ch. 752, F.S.; providing an effective date. By Representative Bendross-Mindingall— First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committees on Judicial Oversight; Criminal Justice HB 59—A bill to be entitled An act relating to Miami-Dade County; Appropriations; and Council for Smarter Government. providing for the relief of Jack Brett Lemonik; providing for an appropriation to compensate Jack Brett Lemonik for injuries sustained By Representative Weissman— as a result of the actions of Miami-Dade County employees; providing an effective date. HB 57—A bill to be entitled An act relating to health care; requiring health maintenance organizations to provide for the resolution of Proof of publication of the required notice was attached. grievances brought by subscribers; specifying the services to be included in a grievance system; requiring health maintenance organizations to First reading by publication (Art. III, s. 7, Florida Constitution). establish an informal appeal process; providing for a formal internal Referred to the Committee on Claims; and Procedural & Redistricting appeal process; providing for an external appeal when a subscriber is Council. dissatisfied with the results of a formal appeal; providing for the grievance to be reviewed by an independent utilization review By Representative Seiler— organization; providing for a party to appeal a decision by the utilization review organization to the Agency for Health Care Administration; HB 61—A bill to be entitled An act relating to the North Broward requiring that the Agency for Health Care Administration enter into Hospital District; providing for the relief of Mark Schwartz, a minor, for contracts with utilization review organizations for the purpose of injuries sustained as a result of the negligence of employees of the Coral reviewing appeals; authorizing the agency to adopt rules; providing for Springs Medical Center; providing an effective date. the right of a subscriber to maintain an action against a health maintenance organization; providing definitions; providing that a Proof of publication of the required notice was attached. health maintenance organization has the duty to exercise ordinary care First reading by publication (Art. III, s. 7, Florida Constitution). when making treatment decisions; providing that a health maintenance organization is liable for damages for harm caused by failure to exercise Referred to the Committee on Claims; and Procedural & Redistricting ordinary care; providing certain limitations on actions; providing for a Council. claim of liability to be reviewed by an independent review organization; providing for the statute of limitations to be tolled under certain By Representative Ritter— circumstances; requiring a health maintenance organization to disclose certain information to subscribers and prospective subscribers; HB 63—A bill to be entitled An act relating to Orange County; specifying additional information that must be provided upon the providing for the relief of Maria Garcia, as legal guardian of Delfina request of a subscriber or prospective subscriber; requiring that a health Benjumea; providing for an appropriation to compensate her for injuries maintenance organization provide notice if a provider is unavailable to and damages sustained by Delfina Benjumea as a result of the render services; providing requirements for the notice; requiring health negligence of the Orange County Sheriff’s Office; providing for a maintenance organizations to make certain allowances in developing reversionary interest to the Orange County Sheriff’s Office; providing provider profiles and measuring the performance of health care legislative intent with respect to expenditures; providing an effective providers; providing for such information to be made available to the date. Department of Insurance, the Agency for Health Care Administration, Proof of publication of the required notice was attached. and subscribers; prohibiting a health maintenance organization from taking retaliatory action against an employee for certain actions or First reading by publication (Art. III, s. 7, Florida Constitution). disclosures concerning improper patient care; requiring that a health maintenance organization refer a subscriber to an outside provider in Referred to the Committee on Claims; and Procedural & Redistricting cases in which there is not a provider within the organization’s network Council. to provide a covered benefit; requiring that a health maintenance organization provide a procedure to allow a subscriber to obtain drugs By Representatives Brutus and Trovillion— that are not included in the organization’s drug formulary; prohibiting HB 65—A bill to be entitled An act relating to restriction on a health maintenance organization from arbitrarily interfering with employment of relatives by public officials; amending s. 112.3135, F.S.; certain decisions of a health care provider; prohibiting a health deleting exemptions from the prohibition against appointment, maintenance organization from discriminating against a subscriber employment, promotion, or advancement of relatives by public officials based on race, national origin, and other factors; requiring health to apply such prohibition to public officials of universities, community maintenance organizations to establish a policy governing the college districts, and district school boards, for which there are penalties termination of health care providers; providing requirements for the for violation; deleting the definition of “collegial body”; deleting policy; authorizing the Insurance Commissioner to suspend or revoke a provisions that prohibit the appointment, employment, promotion, or certificate of authority upon finding certain violations by a health advancement of an individual by a collegial body of which a relative of maintenance organization; providing for civil penalties; repealing s. the individual is a member; amending s. 721.05, F.S.; correcting a cross 641.513, F.S., relating to requirements for providing emergency services reference, to conform; providing an effective date. and care; amending s. 627.419, F.S.; providing free choice to subscribers to certain health care plans, and to persons covered under certain health First reading by publication (Art. III, s. 7, Florida Constitution). insurance policies or contracts, in the selection of specified health care providers; prohibiting coercion of provider selection; specifying Referred to the Committees on Education Innovation; State conditions under which any health care provider must be permitted to Administration; and Council for Lifelong Learning. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 15

By Representatives Heyman, Rich, Sobel, Bucher, Gannon, Lerner, violation; providing restrictions on authority to search based on a safety Betancourt, Weissman, and Gottlieb— belt violation; providing an effective date.

HB 67—A bill to be entitled An act relating to insurance; amending First reading by publication (Art. III, s. 7, Florida Constitution). s. 627.0628, F.S.; providing that insurers may not use a model to Referred to the Committees on Transportation; Crime Prevention, determine hurricane-loss factors for use in a rate filing until the Florida Corrections & Safety; Fiscal Policy & Resources; and Council for Ready Commission on Hurricane Loss Projection Methodology finds that a Infrastructure. publicly owned model developed by the State University System is reliable to determine such factors; amending s. 627.351, F.S.; modifying By Representatives Rich, Heyman, and Gannon— membership of the board of directors of the Florida Windstorm Underwriting Association; providing for assignment by the association HB 77—A bill to be entitled An act relating to cross-reporting of of personal lines residential policies located in a deauthorized area to violence; amending ss. 39.201 and 828.073, F.S.; requiring animal authorized insurers; providing criteria for distributing assigned policies; control officers or other agents appointed under s. 828.03, F.S., to report providing procedures; providing that assignment of a policy does not known or suspected child abuse, abandonment, or neglect; requiring a affect the producing agent’s entitlement to unearned commission; training component; reenacting s. 39.205, F.S.; providing a penalty; providing for appeals of assignment of policies to the Department of creating s. 39.208, F.S.; requiring persons who are required to report or Insurance; providing that a failure to accept residential policies investigate child abuse, abandonment, or neglect under ch. 39, F.S., to assigned by the association is a willful violation of the Florida Insurance report known or suspected animal abuse, neglect, cruelty, or abandonment; specifying information to be reported; providing a Code; authorizing the department to adopt rules; repealing s. penalty; requiring a training component; providing an effective date. 627.062(6), F.S., relating to rate standards; 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 Committees on Agriculture & Consumer Affairs; Referred to the Committees on Insurance; Local Government & Crime Prevention, Corrections & Safety; Fiscal Policy & Resources; and Veterans Affairs; Council for Competitive Commerce; and Committee on Council for Competitive Commerce. Fiscal Policy & Resources. By Representatives Kravitz, Fasano, Sobel, Melvin, Murman, Baker, By Representatives Fiorentino, Greenstein, and Sobel— Stansel, Lynn, Bense, Richardson, Bean, Gannon, Needelman, Romeo, and Crow— HB 69—A bill to be entitled An act relating to student financial assistance; creating s. 240.4061, F.S.; creating the Jumping on the HB 79—A bill to be entitled An act relating to sexual offenders; Educational Bandwagon Scholarship Loan Program; providing a amending s. 947.1405, F.S.; prohibiting certain sexual offenders subject purpose; defining eligible institutions and programs of study; to conditional release supervision from living within a specified distance authorizing summer term receipt of funds; authorizing part-time of certain places where children congregate; providing an effective date. enrollment; specifying summer institutes to be developed by the Department of Education; providing eligibility criteria; providing for First reading by publication (Art. III, s. 7, Florida Constitution). repayment of a scholarship loan; providing a definition; providing Referred to the Committees on Crime Prevention, Corrections & renewal and restoration requirements; setting a limit upon repayment Safety; Judicial Oversight; and Council for Lifelong Learning. authority; providing for an annual appropriation; authorizing the Department of Education to adopt rules; providing an effective date. HB 81—Withdrawn

First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Allen, Ball, Bean, Slosberg, Kendrick, Bense, Meadows, Kallinger, Baker, Harrington, Gibson, Spratt, Cantens, Arza, Referred to the Committees on Colleges & Universities; Education Sorensen, Needelman, Hogan, and Mayfield— Appropriations; Fiscal Policy & Resources; and Council for Lifelong Learning. HB 83—A bill to be entitled An act relating to the Aerospace Infrastructure Reinvestment Act of 2002; creating said act; providing By Representatives Gottlieb, Weissman, and Seiler— legislative findings; amending s. 212.20, F.S.; providing that the amounts due under the chapter on sales, use, and other transactions HB 71—A bill to be entitled An act relating to traffic control and collected by dealers conducting business at a fixed location at the safety programs; amending s. 318.21, F.S.; authorizing municipalities Kennedy Space Center or Cape Canaveral Air Station on admissions and counties to impose a surcharge on civil penalties for traffic thereto and on sales of tangible personal property at such business shall infractions to fund traffic control and safety programs; prohibiting the be separately returned and distributed by the Department of Revenue levying of said surcharge on traffic infractions occurring on interstate to the Florida Commercial Space Financing Corporation and used for highways; requiring a referendum; requiring the proceeds from such funding aerospace infrastructure; providing an exemption for the surcharge to be deposited in a qualified public depository; providing for reallocation of certain proceeds to the Discretionary Sales Surtax use of such funds; providing for applicability; requiring reports; Clearing Trust Fund; providing a definition; providing for rules; 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 Committees on State Administration; Fiscal Policy & Referred to the Committees on Business Regulation; Economic Resources; and Council for Smarter Government. Development & International Trade; Transportation; and Fiscal Responsibility Council. HB 73—Withdrawn By Representative Betancourt— By Representatives Slosberg and Betancourt— HB 85—A bill to be entitled An act relating to Miami-Dade County; HB 75—A bill to be entitled An act relating to the Florida Safety Belt providing for the relief of Jessica Ann Calderon, personal representative Law; creating the “Dori Slosberg Act of 2002”; amending s. 316.614, F.S.; of the Estate of Roberto Luis Calderon, Sean Ryan Calderon, minor child deleting obsolete language; revising the Florida Safety Belt Law to of Roberto Luis Calderon and Jessica Ann Calderon, and Lily Ann eliminate the requirement that the law be enforced as a secondary Calderon, minor child of Roberto Luis Calderon and Jessica Ann action when a driver of a motor vehicle has been detained for another Calderon; providing for an appropriation to compensate them for the 16 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 wrongful death of Roberto Luis Calderon as a result of the negligence of By Representatives Kilmer, Bean, and Hogan— a Miami-Dade County employee; providing an effective date. HB 97—A bill to be entitled An act relating to the tax on sales, use, Proof of publication of the required notice was attached. and other transactions; specifying a period during which the sale of clothing and certain other items shall be exempt from such tax; defining First reading by publication (Art. III, s. 7, Florida Constitution). “clothing”; providing exceptions; providing for rules; providing an Referred to the Committee on Claims; and Procedural & Redistricting appropriation; providing an effective date. Council. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Wallace and Attkisson— Referred to the Committee on Fiscal Policy & Resources; and Fiscal HJR 87—A joint resolution proposing amendments to Section 1 of Responsibility Council. Article VII and Section 21 of Article XII of the State Constitution relating to a limitation on state appropriations. HB 99—Withdrawn

First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Argenziano— Referred to the Committees on State Administration; and Fiscal HB 101—A bill to be entitled An act relating to environmental Policy & Resources. control; amending s. 403.813, F.S.; revising the exemption from permitting requirements for the specified removal of aquatic plants, the By Representatives Wallace, Mack, Gannon, and Hogan— removal of tussocks, the associated replanting of indigenous aquatic HJR 89—A joint resolution proposing an amendment to Section 1 of plants, and the associated removal from lakes of organic detrital Article VII and the creation of Section 26 of Article XII of the State material; providing an exemption from permitting requirements for the Constitution relating to a limitation on legislative power to increase removal of organic detrital material from certain freshwater rivers or taxes or impose fees, penalties, and fines. lakes and the associated removal and replanting of aquatic vegetation for environmental enhancement; 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 Committees on State Administration; and Fiscal Policy & Resources. Referred to the Committees on Natural Resources & Environmental Protection; General Government Appropriations; and Council for Ready By Representative Harper— Infrastructure. HJR 91—A joint resolution proposing an amendment to Section 4 of HB 103—Withdrawn Article VI of the State Constitution, relating to suffrage and elections, to authorize the Legislature to provide the conditions under which a By Representatives Smith, Fields, Gannon, and Seiler— convicted felon’s right to register or vote may be restored. HB 105—A bill to be entitled An act relating to elections; creating the First reading by publication (Art. III, s. 7, Florida Constitution). “Citizens’ Empowerment Act”; amending s. 97.041, F.S.; providing for Referred to the Committees on Judicial Oversight; Rules, Ethics & automatic restoration of former felons’ right to vote following completion Elections; and Procedural & Redistricting Council. and satisfaction of sentence of incarceration and community supervision; providing conditions for such automatic restoration; By Representative Argenziano— amending ss. 97.052, 97.053, and 98.0977, F.S., to conform; providing a conditional effective date. HB 93—A bill to be entitled An act relating to water management; creating the Citrus/Hernando Waterways Restoration Council; First reading by publication (Art. III, s. 7, Florida Constitution). providing for membership, powers, and duties; providing for a report to the Legislature; providing for two task forces to review and make Referred to the Committees on Rules, Ethics & Elections; Judicial recommendations related to specific waterways; providing for a Oversight; and Procedural & Redistricting Council. technical advisory group to the council and the two county task forces; providing for membership; requiring the Southwest Florida Water By Representative Ryan— Management District to provide staff for the council; providing for a HB 107—A bill to be entitled An act relating to public records; Citrus/Hernando Waterways restoration program; providing for award of contracts subject to an appropriation of funds; providing an providing an exemption from public records requirements for certain appropriation; providing for two demonstration restoration projects; computer modeling data, calculations, assumptions, and methodologies providing an effective date. used for certain purposes; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committees on Natural Resources & Environmental Protection; Fiscal Policy & Resources; General Government Referred to the Committees on Insurance; and State Administration. Appropriations; and Council for Ready Infrastructure. By Representatives Ryan and Gottlieb— By Representatives Trovillion, Baxley, Hogan, Melvin, Bean, Spratt, Davis, and Jordan— HB 109—A bill to be entitled An act relating to windstorm property insurance; amending s. 627.351, F.S.; specifying membership of the HB 95—A bill to be entitled An act relating to obscenity; requiring boards of the Florida Windstorm Underwriting Association and the public libraries to install and maintain computer software or equivalent Residential Property and Casualty Joint Underwriting Association; technology that prohibits access to obscene materials by minors; revising criteria for limited apportionment; providing rate standards; providing that the installation of software or technology in a library specifying duties with respect to pursuit of federal tax exemptions and having only one public-access computer is within the library’s tax-free bond status; providing premium tax exemption; providing for discretion; providing a finding of important state interest; providing an appropriation of funds for hurricane loss mitigation purposes; providing effective date. standards for certain payments to agents of record of Florida Windstorm Underwriting Association and Residential Property and Casualty Joint First reading by publication (Art. III, s. 7, Florida Constitution). Underwriting Association policies; amending s. 627.3511, F.S.; revising Referred to the Committees on Juvenile Justice; Fiscal Policy & agent compensation in connection with take-out plans; amending s. Resources; and Council for Smarter Government. 627.7013, F.S.; delaying the repeal date of the moratorium on hurricane- January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 17 related cancellation or nonrenewal of property insurance policies; paid to private physical fitness facilities from said tax; providing an amending s. 624.4072, F.S.; increasing a period of exemption from effective date. certain taxes and assessments for certain minority businesses; extending a future repeal; providing effective dates. First reading by publication (Art. III, s. 7, Florida Constitution).

First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committees on Business Regulation; Fiscal Policy & Resources; and Fiscal Responsibility Council. Referred to the Committees on Insurance; General Government Appropriations; Fiscal Policy & Resources; and Council for Competitive By Representatives Andrews, Baxley, Flanagan, Kendrick, Hogan, Commerce. and Mayfield—

By Representatives Murman, Lerner, Seiler, and Hogan— HB 119—A bill to be entitled An act relating to homicide of an unborn quick child; amending s. 316.193, F.S.; including the death of an unborn HB 111—A bill to be entitled An act relating to health flex plans; quick child under DUI manslaughter; amending s. 782.071, F.S.; making legislative findings and providing legislative intent; providing making the killing of an unborn quick child rather than the killing of a definitions; providing for a pilot program for health flex plans for certain viable fetus a “vehicular homicide”; deleting a provision describing the uninsured persons; providing criteria; exempting approved health flex viability of a fetus; amending s. 782.09, F.S.; providing that killing an plans from certain licensing requirements; providing criteria for eligibility to enroll in a health flex plan; requiring health flex plan unborn quick child by injury to the mother which would be murder in providers to maintain certain records; providing requirements for any degree if it resulted in the death of the mother is murder in the same denial, nonrenewal, or cancellation of coverage; specifying that coverage degree; providing penalties; providing that the unlawful killing of an under an approved health flex plan is not an entitlement; providing for unborn quick child by injury to the mother which would be civil actions against health plan entities by the Agency for Health Care manslaughter if it resulted in the death of the mother is manslaughter; Administration under certain circumstances; providing an effective providing penalties; providing that the death of the mother does not bar date. prosecution under specified circumstances; providing that the section does not authorize prosecution of a person in connection with a First reading by publication (Art. III, s. 7, Florida Constitution). termination of pregnancy; amending s. 921.0022, F.S., relating to the Criminal Punishment Code offense severity ranking chart and the Referred to the Committees on Health Promotion; Fiscal Policy & definition of “crime” with respect to the Florida Crimes Compensation Resources; and Council for Healthy Communities. Act; conforming provisions to changes made by the act; providing an By Representatives Crow, Heyman, Farkas, Slosberg, Lerner, Detert, effective date. Seiler, Gannon, Gibson, Maygarden, Meadows, Ausley, Greenstein, Green, Cusack, Bilirakis, Jordan, Flanagan, Justice, Richardson, Rubio, First reading by publication (Art. III, s. 7, Florida Constitution). Rich, Mahon, Harrell, Romeo, and Peterman— Referred to the Committee on Crime Prevention, Corrections & HB 113—A bill to be entitled An act relating to treated wood; Safety; and Council for Healthy Communities. prohibiting use of wood products treated with chromated copper By Representatives Bennett and Spratt— arsenate in publicly funded playground equipment; providing definitions; providing applicability; providing for enforcement on state HB 121—A bill to be entitled An act relating to corporate income tax; lands by the Department of Environmental Protection; requiring the amending s. 220.15, F.S., which provides for apportionment of adjusted Department of Education to provide notice to and develop guidelines for federal income to this state; revising the conditions for determining school districts regarding the sealing of wood treated with chromated when sales of tangible personal property occur in this state for certain copper arsenate; prohibiting state agencies from purchasing wood industries; providing for retroactive effect; providing an effective date. treated with chromated copper arsenate; providing exceptions; providing for grants for conversion of wood treating companies to First reading by publication (Art. III, s. 7, Florida Constitution). operations using preservatives that do not contain arsenic; specifying persons who must provide notice to consumers of wood or wood products Referred to the Committees on Agriculture & Consumer Affairs; containing chromated copper arsenate; providing contents of such Fiscal Policy & Resources; and Fiscal Responsibility Council. notice; providing a penalty for failure to provide notice; providing appropriations; providing an effective date. By Representative Baxley—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 123—A bill to be entitled An act relating to the excise tax on documents; amending s. 201.08, F.S.; providing a limit on the amount Referred to the Committees on Agriculture & Consumer Affairs; Local of the tax on promissory or nonnegotiable notes, written obligations to Government & Veterans Affairs; Fiscal Policy & Resources; and Council pay money, and assignments of wages or other compensation and on for Competitive Commerce. certain promissory or nonnegotiable notes, written obligations to pay money, or other compensation made in connection with sales made By Representative Harrell— under retail charge account services; providing an effective date. HB 115—A bill to be entitled An act relating to medical school First reading by publication (Art. III, s. 7, Florida Constitution). eligibility of United States military academy students or graduates; repealing s. 458.3147, F.S., which requires admission to any medical Referred to the Committee on Judicial Oversight; and Fiscal school within the State University System of any Florida resident who Responsibility Council. is a student at or graduate of any of the United States military academies and has complied with specified conditions, and which limits By Representatives Gannon, Weissman, Lerner, Joyner, Gottlieb, such admissions; providing an effective date. Wishner, Ritter, Harper, Meadows, Romeo, Betancourt, Rich, Machek, Justice, Heyman, Wilson, Frankel, Kosmas, Sobel, Fields, and First reading by publication (Art. III, s. 7, Florida Constitution). McGriff—

Referred to the Committee on Colleges & Universities; and Council for HB 125—A bill to be entitled An act relating to hospitals and health Lifelong Learning. care facilities; providing legislative intent; providing definitions; By Representative Harrell— providing requirements for emergency treatment for survivors of rape; providing for counseling and for oral and written information about HB 117—A bill to be entitled An act relating to tax on sales, use, and emergency contraception; providing for immediate access to medically other transactions; amending s. 212.02, F.S.; exempting dues and fees appropriate emergency contraception, if requested, or for referral to a 18 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 facility that will provide access to such contraception; providing an providing additional duties of the council; amending ss. 383.3362, effective date. 633.330, and 633.32, F.S.; revising cross references, to conform; providing a declaration of important state interest; providing an First reading by publication (Art. III, s. 7, Florida Constitution). effective date.

Referred to the Committees on Health Regulation; State First reading by publication (Art. III, s. 7, Florida Constitution). Administration; Fiscal Policy & Resources; and Council for Healthy Communities. Referred to the Committees on State Administration; Fiscal Policy & Resources; and Council for Smarter Government. HB 127—Withdrawn By Representatives Hogan and Greenstein— HB 129—Withdrawn HB 137—A bill to be entitled An act relating to elderly persons and By Representative Lynn— disabled adults; amending s. 825.101, F.S.; defining the term “position HB 131—A bill to be entitled An act relating to library records; of trust and confidence”; amending s. 772.11, F.S.; prescribing civil amending s. 257.261, F.S.; revising provisions relating to confidentiality remedies for theft and other offenses in which the victim is an elderly of public library registration and circulation records to authorize person or disabled adult; providing that a violation of patient rights is disclosure of information to the parent or guardian of a library patron not a cause of action under the act; providing for continuation of a cause under age 16, for the purpose of collecting fines or recovering overdue of action upon the death of the elderly person or disabled adult; books or other materials; providing an effective date. authorizing the court to advance a trial on the docket which involves a victim who is an elderly person or disabled adult; creating s. 744.1083, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; providing guidelines for the registration of public guardians; authorizing rulemaking; authorizing certain financial institutions to Referred to the Committee on State Administration; and Council for register; amending s. 744.534, F.S.; revising provisions relating to Smarter Government. disposition of unclaimed funds; amending s. 744.703, F.S.; authorizing the establishment of public guardian offices; providing for the staffing By Representatives Lynn and Fasano— of offices; creating s. 744.7082, F.S.; defining the term “direct-support HB 133—A bill to be entitled An act relating to the husband and wife organization”; providing for the purposes of a direct-support privilege against disclosure; amending s. 90.504, F.S.; denying existence organization; amending s. 744.387, F.S.; raising the amount of a claim of the privilege in certain criminal proceedings; providing an effective that may be settled by a natural guardian of a minor without the date. necessity of appointment of a legal guardian; amending s. 744.301, F.S.; raising the amount of a claim that may be settled by a natural guardian First reading by publication (Art. III, s. 7, Florida Constitution). of a minor without the necessity of appointment of a guardian ad litem; providing an effective date. Referred to the Committees on Judicial Oversight; Crime Prevention, Corrections & Safety; and Council for Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Bense, Benson, Jennings, Greenstein, Wiles, Referred to the Committees on Elder & Long-Term Care; Judicial Weissman, Wishner, Sobel, Flanagan, Hogan, Mayfield, and Clarke— Oversight; and Council for Healthy Communities.

HB 135—A bill to be entitled An act relating to firefighter By Representatives McGriff, Heyman, Hogan, Fields, Kendrick, employment safety; creating ss. 633.801, 633.802, 633.803, 633.804, Seiler, Romeo, Justice, Peterman, Jordan, Kravitz, Gannon, and 633.805, 633.806, 633.807, 633.808, 633.809, 633.810, 633.811, 633.812, Needelman— 633.813, 633.814, 633.815, 633.816, 633.817, 633.818, 633.819, 633.820, and 633.821, F.S.; providing a short title; providing definitions; HB 139—A bill to be entitled An act relating to the misuse of hand- providing legislative intent; authorizing the Division of State Fire held laser lighting devices; creating s. 784.062, F.S.; defining the term Marshal of the Department of Insurance to adopt rules related to “laser lighting device”; providing that it is a second degree misdemeanor firefighter safety inspections; requiring the division to conduct a study to knowingly and willfully shine the beam of a laser lighting device at of firefighter occupational diseases; authorizing representatives of the a law enforcement officer in such a manner as to cause the law division to enter and inspect any place of firefighter employment; enforcement officer to believe that a firearm is pointed at him or her; requiring firefighter employers to provide safe employment conditions; providing a penalty; providing an effective date. authorizing the division to adopt rules that prescribe means for First reading by publication (Art. III, s. 7, Florida Constitution). preventing accidents in places of firefighter employment and establish standards for construction, repair, and maintenance; requiring the Referred to the Committees on Crime Prevention, Corrections & division to inspect places of firefighter employment and to develop safety Safety; Criminal Justice Appropriations; and Council for Healthy and health programs for those firefighter employers whose employees Communities. have a high frequency or severity of work-related injuries; requiring certain firefighter employers to establish workplace safety committees By Representatives Greenstein, Fasano, Lynn, Crow, Ausley, Sobel, and to maintain certain records; providing penalties for firefighter Wiles, Rich, Lerner, Heyman, McGriff, Joyner, Betancourt, Gannon, employers who violate provisions of the act; providing exemptions; Trovillion, Gibson, Bennett, Sorensen, Gottlieb, Harrell, Detert, providing a penalty for the failure to implement a safety and health Weissman, Richardson, Paul, Romeo, Clarke, Bucher, Stansel, Justice, program and cancellations; providing for expenses of administration; Kendrick, Maygarden, Seiler, Flanagan, Kosmas, Russell, Rubio, providing penalties for refusal to admit division; specifying firefighter Dockery, Littlefield, Melvin, Spratt, and Jordan— employee rights and responsibilities; providing division remedies for failure to comply; providing penalties for firefighter employers who HB 141—A bill to be entitled An act relating to the transportation make false statements to the division or to an insurer; providing disadvantaged; amending s. 320.03, F.S.; revising fees for the criminal penalties for false, malicious, or fraudulent statements and registration of certain trucks, trailers, and motorcycles and for tag representatives; specifying applicability to volunteer firefighters and transfers and temporary tags to be deposited into the Transportation fire departments; providing for workplace safety and to authorize the Disadvantaged Trust Fund; providing an effective date. division to adopt rules including federal standards for assuring safe First reading by publication (Art. III, s. 7, Florida Constitution). working conditions for all firefighter employees; amending s. 633.31, F.S.; changing the name of and expanding and diversifying the Referred to the Committees on Transportation; Fiscal Policy & Firefighters Standards and Training Council; amending s. 633.33, F.S.; Resources; and Council for Ready Infrastructure. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 19

By Representatives Bowen, Bean, and Spratt— 112.3173, 112.534, 117.01, and 121.091, F.S.; deleting and conforming cross references to changes made by the act; providing an effective date. HB 143—A bill to be entitled An act relating to career criminals; defining the term “career criminal” for purposes of the act; requiring First reading by publication (Art. III, s. 7, Florida Constitution). that an offender who is convicted as a habitual felony offender, a Referred to the Committees on State Administration; Judicial habitual violent felony offender, a violent career criminal, a three-time Oversight; Crime Prevention, Corrections & Safety; and Council for violent felony offender, or a prison releasee reoffender register with the Smarter Government. sheriff of the county in which the offender resides; specifying the information to be provided to the sheriff; providing for the registration By Representatives Littlefield, Stansel, Kravitz, Brummer, Bennett, of a career criminal who is in the custody or control of, or under the and Fasano— supervision of, the Department of Corrections; providing for the HB 149—A bill to be entitled An act relating to license plates; registration of a career criminal who is in the custody of a local jail; amending ss. 320.08056 and 320.08058, F.S.; creating a Protect the requiring that a career criminal register within a specified period with Second Amendment license plate; providing for the distribution of the sheriff following the establishment of permanent or temporary annual use fees received from the sale of such plates; providing an residence in the state; requiring that the career criminal also register in effective date. person at a driver’s license office of the Department of Highway Safety and Motor Vehicles; requiring the sheriff to notify the state attorney of First reading by publication (Art. III, s. 7, Florida Constitution). the county and the police chief of the municipality where the career criminal maintains a residence; requiring that the career criminal notify Referred to the Committees on Transportation; Fiscal Policy & Resources; and Council for Ready Infrastructure. the sheriff before he or she establishes residence in another state; providing a penalty for providing false location information; requiring By Representative Waters— that the sheriff maintain information concerning career criminals; providing that information concerning career criminals is a public HB 151—A bill to be entitled An act relating to the City of Clearwater; record; authorizing the sheriff to disseminate such information; providing for the relief of Eva Skowronek, as the widow of Wieslaw providing a penalty for failure to register as required, maintain such Skowronek, and for the relief of Anna Marie Skowronek, Victor registration, provide location information, or comply with certain Skowronek, and Hubert Skowronek, the children of Wieslaw requirements; providing an effective date. Skowronek; providing appropriations to compensate them for the death of Wieslaw Skowronek as a result of the negligence of the City of First reading by publication (Art. III, s. 7, Florida Constitution). Clearwater; providing an effective date.

Referred to the Committees on Crime Prevention, Corrections & Proof of publication of the required notice was attached. Safety; Fiscal Policy & Resources; and Council for Healthy First reading by publication (Art. III, s. 7, Florida Constitution). Communities. Referred to the Committee on Claims; and Procedural & Redistricting By Representatives Wishner, Mahon, and Mayfield— Council.

HB 145—A bill to be entitled An act relating to specialty license HB 153—Withdrawn plates; amending ss. 320.08056 and 320.08058, F.S.; providing for a Florida Golf license plate; providing for a use fee; directing the By Representative Trovillion— Department of Highway Safety and Motor Vehicles to develop a Florida HB 155—A bill to be entitled An act relating to public lodging and Golf license plate; providing for the distribution and use of fees; public food service establishments; amending s. 509.032, F.S.; providing requiring the Florida Sports Foundation to establish a youth golf for the recovery of costs incurred for reinspection of a public lodging or program; providing for an advisory committee; providing an effective public food service establishment to verify the correction of violations date. found during a prior inspection; 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 Committees on Transportation; Fiscal Policy & Referred to the Committees on State Administration; Fiscal Policy & Resources; and Council for Ready Infrastructure. Resources; and Council for Smarter Government.

By Representatives Ball, Bean, and Seiler— By Representatives Gottlieb, Heyman, Meadows, Weissman, Gannon, and Seiler— HB 147—A bill to be entitled An act relating to offenses by public servants; creating the “Citizens’ Right to Honest Government Act”; HB 157—A bill to be entitled An act relating to education; creating s. amending s. 16.56, F.S.; authorizing the Office of Statewide Prosecution 228.2005, F.S.; creating the Florida Dignity for All Students Act; to prosecute violations of ch. 838, F.S.; amending s. 838.014, F.S.; providing legislative findings with respect to harassment, revising, providing, and deleting definitions; amending ss. 838.015 and discrimination, and violence in Florida schools; prohibiting specified 838.016, F.S.; increasing penalties; creating ss. 838.022, 838.20, 838.21, conduct and providing for punitive measures; defining the term 838.22, 838.23, and 838.24, F.S.; providing criminal penalties for official “harassment”; providing duties of educational institutions; requiring the misconduct, criminal misuse of official position, disclosure or use of adoption of rules; providing for technical assistance to educational institutions; amending s. 233.061, F.S., relating to required instruction confidential criminal justice information, and bid tampering; providing in the public schools; requiring the character-development program to definitions; providing status of confidential informants or confidential include information relating to harassment, discrimination, and sources; authorizing public servants who are subjected to an violence; providing an effective date. investigation for official misconduct to recover attorney’s fees; amending s. 837.02, F.S.; providing a criminal penalty for perjury in an official First reading by publication (Art. III, s. 7, Florida Constitution). proceeding by a public servant; amending s. 905.34, F.S.; expanding jurisdiction of the statewide grand jury to include violations of ch. 838, Referred to the Committees on State Administration; Education F.S.; amending s. 921.0022, F.S.; deleting specified felonies from and Innovation; and Council for Lifelong Learning. adding specified felonies to the Criminal Punishment Code offense By Representative Bullard— severity ranking chart; repealing s. 838.15, F.S., relating to commercial bribe receiving; repealing s. 838.16, F.S., relating to commercial bribery; HB 159—A bill to be entitled An act relating to road designations; repealing s. 839.25, F.S., relating to official misconduct; amending ss. designating “Steven Cranman Boulevard” and “Ethel Beckford 20 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

Boulevard” in Miami-Dade County; designating “Phicol Williams other transactions under certain conditions; amending s. 213.21, F.S.; Boulevard” in Miami-Dade County; designating “Arthur Mays providing for review of the facts and circumstances to determine the Boulevard” in Miami-Dade County; directing the Department of existence of reasonable cause in connection with the assessment of a Transportation to erect suitable markers; providing an effective date. penalty against a taxpayer; amending s. 220.03, F.S.; providing for the tax classification of entities under the Florida Income Tax Code; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 608.471, F.S.; providing for the treatment of single member Referred to the Committee on Transportation; and Council for Ready limited liability companies and other entities that are disregarded for Infrastructure. federal income tax purposes; providing an effective date.

By Representatives Garcia, Lerner, Barreiro, Murman, Justice, First reading by publication (Art. III, s. 7, Florida Constitution). Siplin, and Rich— Referred to the Committees on Fiscal Policy & Resources; Judicial Oversight; and Fiscal Responsibility Council. HB 161—A bill to be entitled An act relating to the care of children; amending s. 39.5085, F.S., relating to the Relative Caregiver Program; HB 171—Withdrawn revising eligibility guidelines; amending s. 239.117, F.S., relating to workforce development postsecondary student fees; exempting from the By Representative Goodlette— payment of specified fees otherwise eligible students for whom the state is paying a relative caregiver payment; revising eligibility requirements HB 173—A bill to be entitled An act relating to the excise tax on for such students and for certain other students who are eligible to documents; amending s. 201.02, F.S.; providing that the tax on deeds receive this exemption; amending s. 240.35, F.S.; exempting certain and other instruments relating to real property or interests therein children in the custody of a relative at the time of reaching age 18 from applies to certificates of title issued in a judicial sale of real property payment of all undergraduate student fees; amending s. 411.01, F.S.; pursuant to a court order or final judgment issued in a foreclosure providing eligibility under the school readiness program for certain proceeding; providing the method for computing the tax; providing children for whom the state is paying a relative caregiver payment; intent; providing for retroactive application; providing an effective date. requiring the Department of Children and Family Services to contract First reading by publication (Art. III, s. 7, Florida Constitution). for a study of relative caregivers in the state; providing an effective date. Referred to the Committees on Judicial Oversight; Fiscal Policy & First reading by publication (Art. III, s. 7, Florida Constitution). Resources; and Council for Smarter Government. Referred to the Committees on Child & Family Security; Health & By Representatives Lynn, Cusack, and Kosmas— Human Services Appropriations; and Council for Healthy Communities. HB 175—A bill to be entitled An act relating to child care facilities; By Representatives Paul, Kravitz, and Hogan— amending s. 402.3055, F.S.; requiring validation of certain information HB 163—A bill to be entitled An act relating to sexual offenses; provided by an applicant for a child care facility license; amending s. amending ss. 794.011 and 800.04, F.S.; prohibiting a defense based upon 402.301, F.S.; specifying which membership organizations are not consent with respect to sexual battery or certain lewd or lascivious considered child care facilities; amending s. 402.310, F.S.; requiring the offenses under certain circumstances; providing an effective date. Department of Children and Family Services to establish and impose uniform penalties relating to child care facility violations; requiring First reading by publication (Art. III, s. 7, Florida Constitution). implementation not contingent upon an appropriation; creating s. 402.3105, F.S.; requiring the department to establish a database of Referred to the Committee on Crime Prevention, Corrections & information relating to violations, citations, and penalties imposed Safety; and Council for Healthy Communities. against child care facilities regulated by the state; providing duties of By Representatives Paul, Fasano, Davis, Hogan, and Spratt— the State Technology Office; specifying database capabilities and uses of information contained therein; requiring implementation not contingent HB 165—A bill to be entitled An act relating to ad valorem tax upon an appropriation; amending s. 409.146, F.S., relating to children exemption; amending s. 196.24, F.S.; increasing the amount of the and families client and management information; deleting obsolete exemption provided under s. 3(b), Art. VII of the State Constitution for language; amending ss. 402.26, 402.281, 402.302, and 402.3051, F.S.; certain disabled ex-service members; providing an effective date. deleting references to certain exempt facilities; repealing s. 402.316, F.S., relating to the exemption from state regulation for child care First reading by publication (Art. III, s. 7, Florida Constitution). facilities operated by a church or parochial school; providing an effective date. Referred to the Committees on Local Government & Veterans Affairs; Fiscal Policy & Resources; and Council for Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Lynn— Referred to the Committees on Business Regulation; Information Technology; and Council for Healthy Communities. HB 167—A bill to be entitled An act relating to student assessment; amending s. 229.57, F.S.; providing requirements relating to passing By Representatives Sobel, Meadows, Baxley, Detert, Fasano, and scores on the grade 10 Florida Comprehensive Assessment Test; Hogan— providing an effective date. HB 177—A bill to be entitled An act relating to homeowners’ First reading by publication (Art. III, s. 7, Florida Constitution). associations; amending s. 720.3075, F.S.; providing that any homeowner may display a United States flag; providing an effective date. Referred to the Committee on Education Innovation; and Council for Lifelong Learning. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Weissman— Referred to the Committee on State Administration.

HB 169—A bill to be entitled An act relating to taxation; amending By Representatives Benson and Bense— s. 72.011, F.S.; revising provisions relating to the venue of taxpayer actions in circuit court; revising provisions which specify the HB 179—A bill to be entitled An act relating to athlete agents; requirements of said section which are jurisdictional; amending s. amending s. 468.452, F.S.; revising definitions; amending s. 468.453, 212.12, F.S.; providing the methods by which a taxpayer is entitled to F.S.; removing the examination requirement for licensure as an athlete establish the amount of an overpayment of the tax on sales, use, and agent; removing an exemption for members of The Florida Bar, to January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 21 conform; authorizing an unlicensed individual to act as an athlete agent By Representatives Attkisson and Meadows— under certain conditions; providing for service of process on nonresident agents; providing for temporary licenses; providing for reciprocity; HB 187—A bill to be entitled An act for the relief of Towanna Denise amending s. 468.454, F.S.; revising agent contract requirements, Hopkins, incompetent, by and through Willie Lee Hopkins, her father including notice requirements; providing for cancellation of agent and legally appointed guardian, Robert Keith Bowman, Jr., son of contracts; amending s. 468.456, F.S.; providing for increased Towanna Denise Hopkins, and Willie Lee Hopkins, individually; administrative fines; amending s. 468.45615, F.S.; providing additional authorizing and directing the Florida Board of Regents, the University criminal penalties for certain prohibited acts; amending s. 468.4562, of South Florida, and the USF Health Sciences Center Insurance F.S.; revising provisions relating to civil remedies available to colleges Company to compensate them for injuries and damages sustained as a and universities for violations of athlete agent regulations; specifying result of the negligence of agents of the Florida Board of Regents by and when right of action accrues; specifying liability; amending s. 468.4565, through the University of South Florida College of Medicine; providing F.S.; expanding business records requirements and extending an effective date. recordkeeping requirements; repealing s. 468.4563, F.S., relating to First reading by publication (Art. III, s. 7, Florida Constitution). authority to require continuing education by athlete agents; repealing s. 468.4564, F.S., relating to license display requirements; providing an Referred to the Committees on Claims; and Procedural & effective date. Redistricting Council.

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

Referred to the Committees on Business Regulation; Crime HB 189—A bill to be entitled An act relating to Halifax Hospital Prevention, Corrections & Safety; and Council for Smarter Government. Medical Center, a special taxing district in Volusia County d/b/a Halifax Medical Center; providing for the relief of Steven Mitchell; authorizing By Representatives Negron, Wishner, and Harrell— and directing Halifax Hospital Medical Center to compensate Steven HB 181—A bill to be entitled An act relating to health maintenance Mitchell for personal injuries that he suffered while at Halifax Medical organization contracts with health care providers; creating s. 408.7058, Center; providing an effective date. F.S.; providing definitions; requiring the Agency for Health Care Proof of publication of the required notice was attached. Administration to establish a statewide health care provider and health maintenance organization qualification dispute resolution program; First reading by publication (Art. III, s. 7, Florida Constitution). providing criteria and requirements; requiring the agency to contract with a resolution organization for certain purposes; requiring the Referred to the Committee on Claims; and Procedural & Redistricting agency to establish procedures for the resolution organization’s Council. consideration of qualification disputes; providing for final orders by the By Representative Diaz de la Portilla— agency; providing for payment of review costs under certain circumstances; providing a penalty under certain circumstances; HB 191—A bill to be entitled An act relating to school districts; authorizing the agency to adopt rules; amending s. 641.315, F.S.; establishing an Office of Inspector General in each school district; deleting obsolete provisions relating to provider contracts; revising providing for appointment of the Inspector General; providing purpose provisions providing for termination of a provider contract by a health of the office; providing authority of the Inspector General to conduct maintenance organization; providing criteria, requirements, and investigations and make recommendations; providing powers of the limitations; specifying notice requirements; amending s. 627.6474, F.S.; Inspector General; providing an effective date. specifying requirements for certain contracts; prohibiting certain insurers from refusing to enter into or renew contracts with certain First reading by publication (Art. III, s. 7, Florida Constitution). health care providers; specifying requirements and limitations for terminating certain contracts; specifying notice requirements; providing Referred to the Committees on Education Innovation; Education application; providing an effective date. Appropriations; and Council for Lifelong Learning.

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

Referred to the Committees on Insurance; Health Promotion; Councils HB 193—A bill to be entitled An act relating to insurer rehabilitation For Healthy Communities; and Ready Infrastructure. and liquidation; amending s. 626.9541, F.S.; correcting a cross reference; amending s. 631.001, F.S.; providing construction and purposes; By Representatives Gardiner and Spratt— providing a short title; amending s. 631.011, F.S.; providing additional definitions; creating s. 631.025, F.S.; specifying application to certain HB 183—A bill to be entitled An act relating to motor vehicles; persons and entities; amending s. 631.041, F.S.; limiting application of repealing s. 29(19), ch. 2001-196, Laws of Florida, relating to a provision certain time restrictions; correcting a cross reference; creating s. of law making it a deceptive and unfair trade practice for a motor vehicle 631.113, F.S.; providing for tolling certain time limitations in certain dealer to add certain additional charges for pre-delivery services; actions; amending s. 631.141, F.S.; vesting the Department of Insurance providing for retroactive application; providing an effective date. with certain rights as receiver; amending s. 631.154, F.S.; including certain costs and expenses of the department in costs and expenses First reading by publication (Art. III, s. 7, Florida Constitution). entitled to be recovered by the receiver under certain circumstances; Referred to the Committees on Transportation; Agriculture & creating s. 631.156, F.S.; providing for investigations by the department Consumer Affairs; and Council for Ready Infrastructure. preliminary or incidental to receivership proceedings; providing department powers; authorizing the department to provide certain By Representative Seiler— information in such investigations; granting the department certain discretionary powers; creating s. 631.157, F.S.; imposing liability on HB 185—A bill to be entitled An act relating to the Florida certain persons or entities for certain actions; specifying amounts of Retirement System; amending s. 121.055, F.S.; including general damages; providing construction; providing costs and expenses entitled masters and child support hearing officers in the Senior Management to be recovered by the receiver under certain circumstances; providing Service Class of the system; providing an effective date. a time certain for bringing certain actions; amending s. 631.193, F.S.; First reading by publication (Art. III, s. 7, Florida Constitution). providing an additional limitation upon the operation of a release; creating s. 631.3995, F.S.; providing procedures and requirements for Referred to the Committees on State Administration; Fiscal Policy & closing an estate; providing for deposit of certain assets into the Closed Resources; and Council for Smarter Government. Estate Fund Trust Account; providing for uses of such account; 22 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 providing for reopening certain proceedings; amending s. 631.54, F.S.; issuance of an information statement to a buyer of services of a credit revising a definition; amending s. 631.57, F.S.; specifying additional service organization; amending s. 817.703, F.S., relating to information criteria for absence of certain obligations or liabilities of the Florida statement requirements, to conform; providing an effective date. Insurance Guaranty Association; amending s. 631.60, F.S.; limiting certain causes of action against the association; specifying absence of First reading by publication (Art. III, s. 7, Florida Constitution). creation of additional rights against the association; creating s. Referred to the Committees on Business Regulation; Banking; and 817.2341, F.S.; providing criminal penalties for certain activities; Council for Smarter Government. providing an effective date. HB 211—Withdrawn First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Brummer, Wiles, and Kravitz— Referred to the Committees on Insurance; Judicial Oversight; and Council for Competitive Commerce. HB 213—A bill to be entitled An act relating to controlled substances; amending s. 893.13, F.S.; prohibiting the sale, manufacture, or delivery By Representatives Gannon and Kallinger— of controlled substances, or possession of controlled substances with HB 195—A bill to be entitled An act relating to public records; intent to sell, manufacture, or deliver, within 1,000 feet of any state, providing an exemption from public records requirements for records of county, or municipal park or recreational facility; providing penalties; insurers subject to delinquency proceedings; providing for future review amending s. 921.0022, F.S.; ranking such offenses on the offense and repeal; providing a finding of public necessity; providing a severity ranking chart of the Criminal Punishment Code; providing an 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 Committees on Insurance; State Administration; and Referred to the Committees on Crime Prevention, Corrections & Council for Competitive Commerce. Safety; Criminal Justice Appropriations; and Council for Healthy Communities. HB 197—Withdrawn By Representative Fasano— HB 199—Withdrawn HB 215—A bill to be entitled An act relating to the Deferred HB 201—Withdrawn Retirement Option Program of the Florida Retirement System; amending s. 121.053, F.S., relating to participation in the Elected By Representative Sorensen— Officers’ Class for retired members to reinstitute the DROP termination HB 203—A bill to be entitled An act relating to the Monroe County requirements; amending s. 121.091, F.S., regarding retirement benefits, School District; providing for the relief of Joshua England, a minor; to reinstitute the DROP termination requirements for elected officers; authorizing and directing the District School Board of Monroe County providing an effective date. to compensate Joshua England for personal injuries that he suffered due First reading by publication (Art. III, s. 7, Florida Constitution). to the negligence of Monroe County district school board employees; providing for the use of such funds; providing for forfeiture and Referred to the Committees on State Administration; Fiscal Policy & reversion of funds; providing for trustee qualifications; providing an Resources; and Council for Smarter Government. effective date. By Representatives Mack and Byrd— Proof of publication of the required notice was attached. HB 217—A bill to be entitled An act relating to public school districts; First reading by publication (Art. III, s. 7, Florida Constitution). creating s. 236.6851, F.S.; creating the School Service Accountability Act of 2002; requiring an analysis of expenditure of funds and quality of Referred to the Committee on Claims; and Procedural & Redistricting service for certain noninstructional services; providing for a request for Council. proposals or solicitation of bids to contract for services; providing for By Representative Sorensen— disclosure; providing for the use of cost savings; requiring reports; providing an effective date. HB 205—A bill to be entitled An act relating to district courts of appeal; amending s. 35.01, F.S.; specifying minimum membership of First reading by publication (Art. III, s. 7, Florida Constitution). district courts of appeal; providing construction and application; Referred to the Committee on Education Innovation; Fiscal providing criteria for selecting judges to fill vacancies; requesting Responsibility Council; and Council for Lifelong Learning. district courts of appeal judicial nominating commissions to adopt uniform rules of procedure; providing an effective date. By Representatives Ball, Needelman, and Hogan—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 219—A bill to be entitled An act relating to open house parties; amending s. 856.015, F.S.; revising definitions; prohibiting persons age Referred to the Committees on Judicial Oversight; State 18 or older from allowing open house parties at any residence if alcoholic Administration; and Council for Smarter Government. beverages or drugs are possessed or consumed by a minor; providing a penalty; providing an effective date. HB 207—Withdrawn

By Representative Mahon— First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committees on Crime Prevention, Corrections & HB 209—A bill to be entitled An act relating to credit service Safety; Judicial Oversight; and Council for Healthy Communities. organizations; amending s. 817.7005, F.S.; eliminating an exception to the prohibited charging or receiving of money or valuable consideration By Representative Flanagan— prior to complete performance of specified services by a credit service organization; eliminating a condition for the establishment of a trust HB 221—A bill to be entitled An act relating to state uniform traffic account; amending s. 817.701, F.S.; requiring credit service control; creating the “Move Over Act”; amending s. 316.126, F.S.; organizations to obtain a surety bond in a specified amount; conforming providing requirements with respect to authorized emergency vehicles provisions; amending s. 817.702, F.S.; revising provisions relating to the making use of visual signals when parked; amending s. 316.2397, F.S.; January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 23 authorizing wreckers to use amber rotating or flashing lights under Seiler, Joyner, Harper, Bullard, Holloway, Wilson, Spratt, Dockery, certain circumstances; providing an effective date. Crow, Waters, Littlefield, Henriquez, Siplin, and Hogan—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 233—A bill to be entitled An act relating to motor vehicles; requiring a report on motor vehicle accidents caused by all types of Referred to the Committees on Transportation; Health Regulation; driver distractions; creating s. 316.0075, F.S.; preempting regulation of and Council for Ready Infrastructure. operator or passenger use of commercial mobile radio services to the By Representatives Ritter, Detert, Greenstein, and Mahon— state; providing an effective date.

HB 223—A bill to be entitled An act relating to driver licenses; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 322.031, F.S.; providing for the expiration date of certain Referred to the Committee on Transportation; and Council for Ready drivers’ licenses issued to foreign residents who are in Florida with a Infrastructure. visa; prohibiting renewal without a valid visa; providing an effective date. By Representatives Flanagan, Detert, and Bennett—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 235—A bill to be entitled An act relating to retirement; amending s. 121.021, F.S.; redefining the term “average final compensation” with Referred to the Committee on Transportation; and Council for Ready respect to the Florida Retirement System; providing an effective date. Infrastructure. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Allen and Mayfield— Referred to the Committees on State Administration; Fiscal Policy & HB 225—A bill to be entitled An act relating to Indian River County; Resources; and Fiscal Responsibility Council. providing for the relief of Sharon Dixon and Victor Dixon, Sr.; authorizing and directing the School Board of Indian River County to By Representative Fiorentino— compensate them for the wrongful death of their minor child, Victor Dixon, Jr., due to the negligence of an employee of the school board; HB 237—A bill to be entitled An act relating to the Florida providing an effective date. Retirement System; amending s. 121.021, F.S.; defining the term “public school member” for purposes of the system; amending s. 121.091, F.S.; Proof of publication of the required notice was attached. providing retirement benefits payable to public school members; providing retroactive applicability; providing for funding of the revision First reading by publication (Art. III, s. 7, Florida Constitution). of the Florida Retirement System by this act; providing a finding of Referred to the Committee on Claims; and Procedural & Redistricting important state interest; providing an effective date. Council. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Stansel— Referred to the Committees on State Administration; Education HB 227—A bill to be entitled An act for the relief of Patsy Baucco; Innovation; Education Appropriations; and Council for Smarter providing an appropriation to compensate her for injuries and damages Government. she sustained as a result of the negligence of a Department of Transportation employee; providing an effective date. HB 239—Withdrawn By Representatives Kravitz and Hogan— First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committees on Claims; Transportation & Economic HB 241—A bill to be entitled An act relating to public records; Development Appropriations; and Procedural & Redistricting Council. amending s. 119.07, F.S.; providing an exemption from the public records law for photographs or other images in the custody of a state or By Representatives Mahon, Kravitz, Davis, Hogan, Jordan, Bean, governmental agency which depict the remains of a crime victim; Bennett, Flanagan, and Paul— authorizing the release of such a record to another agency for official purposes; providing that such release does not waive the confidentiality HB 229—A bill to be entitled An act relating to education finance; of the record; providing for legislative review and future repeal; amending s. 236.081, F.S.; deleting the determination of district cost providing a statement of public necessity; providing an effective date. differentials for purpose of allocation of funds to school districts for operation of schools; correcting cross references; amending s. 236.083, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; deleting use of the Florida Price Level Index for purpose of Referred to the Committees on State Administration; Crime allocation of funds to school districts for student transportation; Prevention, Corrections & Safety; and Council for Smarter Government. amending ss. 110.1228, 213.053, 229.0537, 229.05371, 231.167, 231.424, 236.25, 237.071, 237.34, 240.384, and 402.22, F.S.; conforming language By Representatives Mack, Harper, and Gottlieb— and correcting cross references; providing an effective date. HB 243—A bill to be entitled An act relating to the Certified Capital First reading by publication (Art. III, s. 7, Florida Constitution). Company Act; amending s. 288.99, F.S.; redefining the terms “early Referred to the Committees on Education Innovation; Education stage technology business” and “qualified distribution”; defining the Appropriations; and Council for Lifelong Learning. terms “Program One” and “Program Two”; revising procedures and dates for certification and decertification under Program One and By Representative Meadows— Program Two; revising the process for earning premium tax credits; providing a limitation on tax credits under Program Two; authorizing HB 231—A bill to be entitled An act relating to high occupancy the Department of Banking and Finance to levy a fine; providing for vehicle lanes; amending s. 316.0741, F.S.; allowing certain energy- distributions under both programs; providing an effective date. saving vehicles to travel in such lanes, regardless of occupancy; 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 Committees on Information Technology; Fiscal Policy & Resources; and Council for Ready Infrastructure. Referred to the Committee on Transportation; and Council for Ready Infrastructure. By Representatives Detert, Rich, Justice, and Gottlieb—

By Representatives Smith, Bense, Weissman, Stansel, Kendrick, HB 245—A bill to be entitled An act relating to foster care; creating Wishner, Jennings, Baxley, Kallinger, Mealor, Paul, Gottlieb, Gannon, the “Road to Independence Act of 2002”; amending s. 409.145, F.S.; 24 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 providing transition to self-sufficiency as a goal for older children who ss. 112.19, 112.191, F.S.; providing for graduate or postbaccalaureate are likely to remain in foster care until 18 years of age; creating s. educational expenses to be waived for children of officers or firefighters 409.1451, F.S.; directing the Department of Children and Family killed in the line of duty; providing for the waiver to apply to a state Services or its agents to administer a system of independent living resident who attends a state institution as a full-time or part-time transition services; providing for the use of state foster care or federal student until a specified age; providing an effective date. funds to establish a continuum of independent living transition services; providing for opportunities for participation in everyday, quality-of-life First reading by publication (Art. III, s. 7, Florida Constitution). activities; providing for department and program accountability; establishing an independent living services integration workgroup; Referred to the Committees on Colleges & Universities; State providing workgroup membership and duties; specifying requirements Administration; Education Appropriations; and Council for Lifelong for a subsidized independent living program; specifying services for Learning. youth age 18 and older; amending s. 409.165, F.S.; conforming provisions relating to alternate care for children; repealing ss. By Representatives Carassas, Fasano, and Meadows— 409.145(3) and 409.165(4), F.S., relating to services for youth age 18 and HB 255—A bill to be entitled An act relating to nursing homes and older and to the use of state foster care funds to establish a continuum of services and establishment of an independent living program; related health care facilities; amending s. 400.235, F.S.; revising providing an effective date. membership and terms of the Governor’s Panel on Excellence in Long- Term Care; providing for selection of a panel chair; providing a First reading by publication (Art. III, s. 7, Florida Constitution). definition; amending s. 400.4195, F.S.; providing conditions under which the prohibition against payment of referral fees by assisted living Referred to the Committees on Child & Family Security; Health & facilities does not apply; providing an effective date. Human Services Appropriations; and Council for Healthy Communities. First reading by publication (Art. III, s. 7, Florida Constitution). HB 247—Withdrawn Referred to the Committee on Elder & Long-Term Care; Fiscal By Representative Gardiner— Responsibility Council; and Council for Healthy Communities. HB 249—A bill to be entitled An act relating to transportation; By Representatives Spratt, Ross, Bennett, Berfield, Haridopolos, amending s. 316.006, F.S.; revising the traffic control jurisdiction of a county over certain roads and rights-of-way dedicated in a residential Bowen, Bense, Alexander, Stansel, Machek, Gibson, Kendrick, subdivision under certain circumstances; creating s. 316.00825, F.S.; Harrington, Brown, Dockery, Jordan, McGriff, and Hogan— authorizing the governing body of a county to abandon the roads and HB 257—A bill to be entitled An act relating to administrative rights-of-way dedicated in a recorded subdivision plat under certain procedures; amending s. 57.111, F.S.; increasing the cap on an award of circumstances; providing for traffic control jurisdiction of such roads; attorney’s fees and costs in an action initiated by a state agency; amending s. 316.520, F.S.; revising language with respect to penalties amending s. 120.54, F.S.; revising language with respect to the Uniform relating to loads on vehicles; amending s. 319.001, F.S.; providing Rules of Procedure; amending s. 120.569, F.S.; revising requirements for definitions with respect to provisions of law relating to title certificates; correcting a cross reference, to conform; amending s. 319.14, F.S.; pleadings, motions, and other papers filed under the Administrative revising language with respect to the sale of motor vehicles registered Procedure Act; amending s. 120.57, F.S.; revising provisions relating to or used as taxicabs, police vehicles, lease vehicles, or rebuilt vehicles and motions to relinquish jurisdiction; amending s. 120.595, F.S.; redefining nonconforming vehicles; amending s. 319.22, F.S.; providing that it is the term “improper purpose” for determining an award of attorney’s illegal to transfer title to a motor vehicle under certain circumstances; fees; amending s. 120.60, F.S.; revising provisions relating to providing a penalty; amending s. 319.30, F.S.; revising definitions; applications for licenses; providing an effective date. providing a penalty with respect to certain violations by salvage motor First reading by publication (Art. III, s. 7, Florida Constitution). vehicle dealers; providing reference to state-assigned identification number plates; amending s. 319.32, F.S.; providing a time period for the Referred to the Committees on State Administration; Judicial payment of certain funds by county officers to the State Treasury by Oversight; and Council for Smarter Government. electronic funds transfer; amending s. 319.33, F.S.; including reference to state-assigned identification number plates; amending s. 320.03, F.S.; By Representatives Brummer, Cantens, Kilmer, Diaz de la Portilla, providing a time period for county officers to pay certain funds to the Barreiro, Andrews, Bilirakis, Arza, Flanagan, Brown, Littlefield, Crow, State Treasury by electronic funds transfer; amending s. 320.27, F.S.; Fiorentino, Richardson, and Atwater— revising language with respect to the denial, suspension, or revocation of a license by the department with respect to motor vehicle dealers; HB 259—A bill to be entitled An act relating to the Florida amending s. 320.60, F.S.; redefining the term “motor vehicle” to include Retirement System; amending s. 121.091, F.S.; increasing the period of heavy trucks or buses; amending s. 328.73, F.S.; providing a time period time which members of the system who are employed as instructional for county officers to pay certain funds to the State Treasury by personnel in grades K-12 may participate in the DROP; providing a electronic funds transfer; amending s. 713.78, F.S.; authorizing statement of proper and legitimate state purpose; providing a employees of the department and law enforcement officers to inspect the contingent effective date. records of persons regularly engaged in the business of recovering, towing, or storing vehicles or vessels; providing a penalty for failure to First reading by publication (Art. III, s. 7, Florida Constitution). maintain required records or failure to produce records when required; amending ss. 316.251 and 501.976, F.S.; correcting a cross reference, to Referred to the Committees on Fiscal Policy & Resources; State conform; providing an effective date. Administration; and Fiscal Responsibility Council.

First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Russell— Referred to the Committees on Transportation; Crime Prevention, HB 261—A bill to be entitled An act relating to the Department of Corrections & Safety; Fiscal Policy & Resources; and Council for Ready Transportation; amending s. 20.23, F.S.; revising language with respect Infrastructure. to the organization of the department; changing the turnpike district into a turnpike enterprise; exempting the turnpike enterprise from HB 251—Withdrawn department policies, procedures, and standards, subject to the Secretary By Representatives Gibson, Wiles, Mahon, Weissman, Justice, of Transportation’s decision to apply such requirements; giving the Heyman, Lerner, and Hogan— secretary authority to promulgate rules that will assist the turnpike enterprise in using best business practices; amending s. 206.46, F.S.; HB 253—A bill to be entitled An act relating to educational benefits increasing the debt service cap with respect to the State Transportation for children of slain law enforcement officers and firefighters; amending Trust Fund; amending s. 316.302, F.S.; revising a date concerning January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 25 commercial motor vehicles to conform to federal regulations; amending transactions for education; proposing a certain question to the voters of s. 316.3025, F.S.; updating a cross reference to federal trucking Florida and submitting said question to the voters in the general regulations; amending s. 316.515, F.S.; deleting a requirement for a election, November 5, 2002; providing an effective date. department permit with respect to the height of automobile transporters; amending s. 316.535, F.S.; adding weight requirements for First reading by publication (Art. III, s. 7, Florida Constitution). certain commercial trucks; amending s. 316.545, F.S.; correcting a cross reference; providing for the discretion of the department to detain Referred to the Committees on Education Innovation; Rules, Ethics & commercial vehicles until certain penalties are paid; amending s. Elections; Fiscal Policy & Resources; and Council for Lifelong Learning. 334.193, F.S.; providing for employee bidding by department employees; HB 269—Withdrawn amending s. 337.11, F.S.; raising the cap on certain contracts into which the department can enter without first obtaining bids; adding HB 271—Withdrawn enhancement projects to the types of projects that can be combined into a design-build contract; specifying that construction on design-build By the Committee on State Administration; Representatives projects may not begin until certain conditions have been met; Brummer and Hogan— amending s. 337.025, F.S.; eliminating cap on innovative highway projects for the turnpike enterprise; amending s. 337.11, F.S.; providing HB 273—A bill to be entitled An act relating to public records and an exemption for a turnpike enterprise project; amending s. 338.22, F.S.; public meeting exemptions regarding complaints of ethics violations; redesignating the Florida Turnpike Law as the Florida Turnpike amending s. 112.324, F.S., which provides an exemption from public Enterprise Law; amending s. 338.221, F.S.; redefining the term records requirements for certain information held by the Commission on “economically feasible” as used with respect to turnpike projects; Ethics and a Commission on Ethics and Public Trust regarding creating s. 338.2215, F.S.; providing legislative findings, policy, purpose, complaints of ethics violations and an exemption from public meeting and intent for the Florida Turnpike Enterprise; creating s. 338.2216, requirements for commission proceedings held pursuant to such F.S.; prescribing the power and authority of the turnpike enterprise; complaints; reenacting such exemptions and removing the October 2, amending s. 338.223, F.S.; increasing the maximum loan amount for the 2002, repeal thereof scheduled under the Open Government Sunset turnpike enterprise; amending ss. 338.165 and 338.227, F.S.; Review Act of 1995; clarifying language; deleting obsolete language; conforming provisions; amending s. 338.2275, F.S.; authorizing the providing an effective date. turnpike enterprise to advertise for bids for contracts prior to obtaining environmental permits; amending s. 338.234, F.S.; authorizing the First reading by publication (Art. III, s. 7, Florida Constitution). turnpike enterprise to expand business opportunities; amending s. 338.235, F.S.; authorizing the consideration of goods instead of fees; Referred to the Council for Smarter Government. amending s. 338.239, F.S.; providing that approved expenditure to the Florida Highway Patrol be paid by the turnpike enterprise; amending By the Committee on State Administration; Representative s. 338.241, F.S.; lowering the required cash reserve for the turnpike Brummer— enterprise; amending s. 338.251, F.S.; conforming provisions; amending s. 339.135, F.S.; including reference to turnpike enterprise with respect HB 275—A bill to be entitled An act relating to a public records to the tentative work program; revising language with respect to the exemption for certain records held by deepwater ports; amending s. tentative work program; amending s. 553.80, F.S.; providing for self- 315.18, F.S., which provides an exemption from public records regulation of certain construction; providing an effective date. requirements for any proposal or counterproposal exchanged between a nongovernmental entity and a deepwater port, or any financial records First reading by publication (Art. III, s. 7, Florida Constitution). submitted by a nongovernmental entity to a deepwater port, relating to the sale, use, or lease of land or of port facilities; reenacting such Referred to the Committees on Transportation; Transportation & exemption and removing the October 2, 2002, repeal thereof scheduled Economic Development Appropriations; and Council for Ready under the Open Government Sunset Review Act of 1995; providing an Infrastructure. effective date. By Representative Trovillion— First reading by publication (Art. III, s. 7, Florida Constitution). HB 263—A bill to be entitled An act relating to special assessments; Referred to the Council for Smarter Government. creating ss. 125.0168 and 166.223, F.S.; providing the method for the levy of assessments by counties and municipalities on mobile home By the Committee on State Administration; Representative parks, lodging parks, recreational vehicle parks, or recreational camps; Brummer— providing an effective date. HB 277—A bill to be entitled An act relating to a public records First reading by publication (Art. III, s. 7, Florida Constitution). exemption for certain information obtained in connection with Referred to the Committees on Local Government & Veterans Affairs; practitioner profiles; amending s. 456.046, F.S., which provides an Fiscal Policy & Resources; and Council for Smarter Government. exemption from public records requirements for information obtained by the Department of Health for the purpose of compiling such profiles; By Representatives Richardson, Pickens, Justice, Wiles, Fields, reenacting such exemption and removing the October 2, 2002, repeal Jordan, and Gannon— thereof scheduled under the Open Government Sunset Review Act of 1995; clarifying language; providing an effective date. HB 265—A bill to be entitled An act relating to district school board employees; amending s. 112.1915, F.S.; extending the benefits of the First reading by publication (Art. III, s. 7, Florida Constitution). Barry Grunow Act to certain district school board employees and certain noninstructional personnel who provide indirect services to students, in Referred to the Council for Smarter Government. addition to teachers and school administrators; providing an exception to the act; providing an effective date. By the Committee on State Administration; Representative Brummer— First reading by publication (Art. III, s. 7, Florida Constitution). HB 279—A bill to be entitled An act relating to health care Referred to the Committees on General Education; Education practitioners; repealing ss. 490.00515 and 491.0047, F.S., which provide Appropriations; and Council for Lifelong Learning. for application of exemptions from public records and meeting By Representatives Richardson, Smith, and Bullard— requirements for certain information relating to disciplinary proceedings and to treatment programs for impaired practitioners, and HB 267—A bill to be entitled An act relating to a straw ballot for related probable cause panel proceedings, when the practitioner is a referendum on an increase in the tax on sales, use, and other provisional licensee or intern; amending s. 456.001, F.S., revising the 26 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 definitions of “license” and “licensee” to include provisional licenses for council during which active criminal investigative information or active purposes of ch. 456, F.S., relating to regulation of health professions and criminal intelligence information is discussed, and for recordings of, and occupations by the Department of Health; providing an effective date. notes generated during, such meetings; reenacting such exemptions and removing the October 2, 2002, repeal thereof scheduled under the Open First reading by publication (Art. III, s. 7, Florida Constitution). Government Sunset Review Act of 1995; removing duplicative language; Referred to the Council for Smarter Government. providing an effective date.

By the Committee on State Administration; Representative First reading by publication (Art. III, s. 7, Florida Constitution). Brummer— Referred to the Council for Smarter Government.

HB 281—A bill to be entitled An act relating to public records and By Representatives Andrews, Wallace, Alexander, Bullard, Ball, public meeting exemptions for the Department of Insurance regarding Farkas, McGriff, Allen, Baxley, Mayfield, Wishner, Seiler, Weissman, risk-based capital information; amending s. 624.40851, F.S., which Kendrick, and Brummer— provides an exemption from public records requirements for certain risk-based capital information held by the Department of Insurance and HB 289—A bill to be entitled An act relating to incentives to promote from public meeting requirements for hearings conducted by the new product development; providing a short title; creating s. 288.1172, department relating to actions regarding such information; reenacting F.S.; providing definitions; providing for licensing of certain products or such exemptions and removing the October 2, 2002, repeal thereof technologies by donor companies to receiving companies for production scheduled under the Open Government Sunset Review Act of 1995; and marketing; providing duties of such companies, the Office of clarifying language; providing an effective date. Tourism, Trade, and Economic Development, and the Department of Revenue; providing requirements for product development agreements; First reading by publication (Art. III, s. 7, Florida Constitution). providing that donor companies may be granted a credit which may be used to fund sponsored research at a state university, as reimbursement Referred to the Council for Smarter Government. for the purchase of machinery, equipment, or building supplies used in By the Committee on State Administration; Representative a Florida manufacturing facility, or as a corporate income tax credit; Brummer— creating s. 220.115, F.S.; requiring receiving companies to file a corporate tax return and remit to the state certain fees in addition to HB 283—A bill to be entitled An act relating to public records and any corporate income tax due; providing for application of meeting exemptions for statewide or district managed care ombudsman administrative and penalty provisions of ch. 220, F.S.; creating s. committees; amending s. 641.67, F.S., which provides an exemption 220.1825, F.S.; providing for a credit against the corporate income tax from public records requirements for patient records and certain for donor companies that so elect; providing for carryover of the credit; identifying information held by statewide or district managed care providing for rules; amending s. 220.02, F.S.; providing order of credits ombudsman committees; reenacting such exemption for the district against the corporate income tax; providing an effective date. managed care ombudsman committees and removing the October 2, 2002, repeal thereof scheduled under the Open Government Sunset First reading by publication (Art. III, s. 7, Florida Constitution). Review Act of 1995; repealing such exemption for the statewide Referred to the Committee on Economic Development & International managed care ombudsman committee; amending s. 641.68, F.S., which Trade; and Council for Competitive Commerce. provides an exemption from public meeting requirements for any portion of a meeting conducted by statewide or district managed care By Representative Rich— ombudsman committees where patient records and certain identifying information are discussed; reenacting such exemption for the district HB 291—A bill to be entitled An act relating to employment practices; managed care ombudsman committees and removing the October 2, amending ss. 110.105, 110.233, 112.042, and 760.10, F.S.; revising 2002, repeal thereof scheduled under the Open Government Sunset provisions relating to state employment policy, career service Review Act of 1995; repealing such exemption for the statewide appointments, county and municipal employment, and unlawful managed care ombudsman committee; removing public necessity employment practices, to provide that discrimination on the basis of sex statements; providing an effective date. includes discrimination on the basis of pregnancy, childbirth, or related medical conditions; providing a limitation with respect to employer First reading by publication (Art. III, s. 7, Florida Constitution). health insurance benefits; providing an effective date.

Referred to the Council for Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution). By the Committee on State Administration; Representative Referred to the Committees on State Administration; Judicial Brummer— Oversight; Health & Human Services Appropriations; and Council for Smarter Government. HB 285—A bill to be entitled An act relating to a public records exemption for certain victim and witness information; amending s. By Representatives Benson, Negron, Green, Harrell, Ritter, Fasano, 914.27, F.S., which provides an exemption from public records Slosberg, and Wishner— requirements for certain information regarding a victim or witness who has been identified or certified for protective services or relocation HB 293—A bill to be entitled An act relating to health insurance; services; reenacting such exemption and removing the October 2, 2002, amending s. 408.7057, F.S.; redefining “managed care organization”; repeal thereof scheduled under the Open Government Sunset Review providing for filing certain claim disputes with a dispute-resolution Act of 1995; clarifying language; providing an effective date. organization under certain circumstances; amending s. 627.4235, F.S.; providing a definition; including prepaid health plans under First reading by publication (Art. III, s. 7, Florida Constitution). coordination of benefits provisions; providing for coordination of benefits under multiple health insurance policies regardless of time periods Referred to the Council for Smarter Government. under certain circumstances; amending s. 627.613, F.S.; revising time of By the Committee on State Administration; Representative payment of claims provisions; requiring the Department of Insurance to Brummer— adopt rules consistent with federal standards; providing requirements and procedures for payment or denial of claims; providing criteria and HB 287—A bill to be entitled An act relating to public records and limitations; amending s. 627.614, F.S.; entitling insureds to prompt public meeting exemptions for the Florida Violent Crime and Drug insurer payments of claims for covered services; requiring payment Control Council; amending s. 943.031, F.S., which provides exemptions within specified periods; providing payment procedures; providing from public records and public meeting requirements for meetings of the penalties; creating s. 627.6142, F.S.; providing a definition; requiring January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 27 health insurers to provide lists of medical care and health care services terms “domestic violence” and “family or household member”; defining that require authorization; prohibiting denial of certain claims; the term “dating relationship”; amending s. 28.101, F.S.; increasing an providing procedural requirements for determination and issuance of additional charge for a dissolution of marriage petition; amending ss. authorizations of services; amending s. 627.6471, F.S.; revising 390.01115, 470.002, 626.9541, 641.3903, 985.213, and 985.215, F.S.; limitations on policies providing differing schedules of payments for correcting cross references; amending s. 741.281, F.S.; deleting preferred provider services and nonpreferred provider services; requirement that a court order certain defendants to attend a batterers’ amending s. 627.662, F.S.; specifying application of certain additional intervention program; amending s. 741.30, F.S.; specifying when a provisions to group, blanket, and franchise health insurance; amending person has standing to file a petition for an injunction against domestic s. 641.185, F.S.; entitling health maintenance organization subscribers violence; specifying where the petition may be filed; providing for to prompt payment by the organization for covered services by an out-of- incidents that describe violence or threats of violence; specifying when network provider; requiring payment within specified periods; providing a court may grant relief; providing factors for the court to consider in payment procedures; providing penalties; amending s. 641.30, F.S.; conforming a cross reference; amending s. 641.3155, F.S.; providing a determining imminent danger; providing for recording of proceedings; definition; requiring the Department of Insurance to adopt rules providing for the presence of an advocate from a state attorney’s office, consistent with federal claim-filing standards; providing requirements law enforcement agency, or domestic violence center at injunction and procedures for payment of claims; requiring payment within proceedings, upon request; amending s. 741.31, F.S.; specifying specified periods; requiring the payment of interest on overdue additional acts that violate an injunction against domestic violence; payments; requiring coordination of benefits; providing remedies for providing a penalty; providing an effective date. certain violations; providing for attorney’s fees and costs under certain circumstances; amending s. 641.3156, F.S.; providing a definition; First reading by publication (Art. III, s. 7, Florida Constitution). requiring health maintenance organizations to provide lists of medical Referred to the Committees on Crime Prevention, Corrections & care and health care services that require authorization; prohibiting Safety; Fiscal Policy & Resources; and Council for Healthy denial of certain claims; providing procedural requirements for Communities. determination and issuance of authorizations of services; amending s. 627.651, F.S.; correcting a cross reference, to conform; repealing s. By Representative Mayfield— 627.647, F.S., relating to standard health claim forms; providing effective dates. HB 301—A bill to be entitled An act relating to the City of Vero Beach; providing for the relief of Joseph Arvay; providing for an appropriation First reading by publication (Art. III, s. 7, Florida Constitution). to compensate Joseph Arvay for injuries caused by the negligence of a Referred to the Committees on Health Promotion; Judicial Oversight; City of Vero Beach police officer; providing an effective date. and Council for Healthy Communities. Proof of publication of the required notice was attached. By Representatives Littlefield and Mahon— First reading by publication (Art. III, s. 7, Florida Constitution). HB 295—A bill to be entitled An act relating to persons with disabilities; creating s. 413.402, F.S.; directing the Florida Association Referred to the Committee on Claims; and Procedural & Redistricting of Centers for Independent Living to develop a personal care attendant Council. pilot program to serve persons with spinal cord injuries; providing for memorandums of understanding with specified entities; providing By Representative Rich— eligibility for pilot program participation; providing for selection and HB 303—A bill to be entitled An act relating to sale or transfer of training of participants and personal care attendants; providing for assessment of participants for work-related training programs; firearms at gun shows; amending s. 790.001, F.S.; defining “gun show,” providing for development of a plan for program implementation; “gun show promoter,” and “gun show vendor”; creating s. 790.0653, F.S.; requiring a report to the Legislature; providing for implementation on prohibiting the sale or transfer of a firearm by a gun show vendor at a a specified date; directing the Department of Revenue to develop and gun show unless a criminal history background check of the prospective implement a tax collection enforcement diversion program; providing for transferee has been conducted; requiring approval of the transfer from coordination with the Florida Association of Centers for Independent the Department of Law Enforcement; providing a third degree felony Living, the Florida Prosecuting Attorneys Association, and the state penalty for violation; providing a third degree felony penalty for the attorneys’ offices; providing for deposit and use of funds collected; willful and knowing provision of false identification or fraudulent directing the Revenue Estimating Conference to make certain annual information relative to the sale or transfer of a firearm at a gun show; projections; amending s. 18 of ch. 99-144, Laws of Florida; extending requiring licensed gun dealers conducting criminal history background repeal date of a developmental disabilities pilot program; requiring an checks at gun shows to record the transfer of a firearm and retain additional report; providing an appropriation; providing an effective records as otherwise required by law; requiring gun show promoters to date. arrange for the services of one or more licensed gun dealers to be on the premises of a gun show for the purpose of obtaining background checks; First reading by publication (Art. III, s. 7, Florida Constitution). requiring posting of specified notice at gun shows; providing a first Referred to the Committees on Elder & Long-Term Care; Health & degree misdemeanor penalty for failure to post such notice; exempting Human Services Appropriations; and Council for Healthy Communities. antique firearms from the requirements of the act; authorizing licensed gun dealers to charge a fee for conducting background checks at gun By Representatives Littlefield and Mahon— shows; providing an effective date.

HB 297—A bill to be entitled An act relating to the Florida Healthy First reading by publication (Art. III, s. 7, Florida Constitution). Kids Corporation; amending s. 409.818, F.S.; authorizing the corporation to establish and manage an operating fund; limiting the Referred to the Committees on State Administration; Crime accumulation of cash balances; requiring return of state funds upon Prevention, Corrections & Safety; Agriculture & Consumer Affairs; and dissolution of the corporation; providing an effective date. Council for Smarter Government.

First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Paul, Benson, Goodlette, and Bennett—

Referred to the Committees on Health Regulation; Fiscal Policy & HB 305—A bill to be entitled An act relating to generation and Resources; and Council for Healthy Communities. distribution of electricity; creating the “Florida Renewable Energy Act By Representatives Littlefield and Fasano— of 2002”; providing legislative findings and declarations; providing definitions; providing for authorized operation of cogeneration facilities HB 299—A bill to be entitled An act relating to domestic violence; under certain circumstances; requiring electric service providers to amending ss. 25.385, 39.902, 741.28, and 943.171, F.S.; redefining the provide alternative metering to certain customers; providing for 28 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 agreements and fees for alternative metering; providing requirements providing for the unequal distribution of marital assets and liabilities and limitations on such fees; specifying alternative measurements and when one spouse forges or intentionally uses the unauthorized pricings of energy flow through such metering; providing criteria for signature of the other spouse; providing an effective date. purchases of electricity by service providers; specifying requirements for distributed generation facilities; authorizing the Florida Public Service First reading by publication (Art. III, s. 7, Florida Constitution). Commission to adopt rules specifying additional standards and operational criteria; providing a limitation; specifying absence of Referred to the Committee on Judicial Oversight; and Council for liability for electric service providers and electric service suppliers for Smarter Government. certain interconnected facilities; providing an effective date. By Representatives Gibson, and Davis— First reading by publication (Art. III, s. 7, Florida Constitution). HJR 317—A joint resolution proposing an amendment to Section 4 of Referred to the Committees on Utilities & Telecommunications; Fiscal Article VII of the State Constitution, relating to finance and taxation, to Policy & Resources; and Council for Ready Infrastructure. allow counties to provide for a reduction in the assessed value of homestead property equal to the increase in such value which results By Representatives Paul and Seiler— from constructing living quarters for certain persons over the age of 62 HB 307—A bill to be entitled An act relating to student loans; years. creating s. 43.201, F.S.; providing for a financial assistance program administered by the Justice Administrative Commission to provide First reading by publication (Art. III, s. 7, Florida Constitution). assistance to qualified assistant state attorneys and assistant public Referred to the Committees on Local Government & Veterans Affairs; defenders for the repayment of government student loans; providing for Fiscal Policy & Resources; and Council for Smarter Government. the elements of the program; providing for funding; providing an effective date. By Representative Clarke—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 319—A bill to be entitled An act relating to self-insurers; Referred to the Committees on Judicial Oversight; and Criminal amending s. 440.24, F.S.; providing for sales of securities on deposit to Justice Appropriations. satisfy a compensation order; amending s. 440.38, F.S.; transferring operation of provisions requiring the securing of payment of By Representative Green— compensation by employers from the Division of Workers’ Compensation of the Department of Labor and Employment Security to the Florida HB 309—A bill to be entitled An act relating to advanced registered Self-Insurers Guaranty Association, Incorporated, and the Department nurse practitioners; amending s. 893.02, F.S.; redefining the term of Revenue; revising and clarifying requirements and procedures; “practitioner” to include advanced registered nurse practitioners for the providing powers and duties of the association and the departments; purpose of authorizing them to prescribe controlled substances under providing for allocation or payment of state funds to the association for certain circumstances; providing an effective date. certain purposes; providing rulemaking authority; amending s. 440.385, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; revising and clarifying provisions relating to the association’s creation, board of directors, powers and duties, insolvency fund, and Referred to the Committees on Health Regulation; Health & Human plan of operation; providing additional powers of the association; Services Appropriations; and Council for Healthy Communities. transferring powers and duties of the Department of Labor and By Representatives Harrell, Negron, Jordan, Weissman, Paul, Bean, Employment Security relating to the association to the Department of Lerner, Richardson, Waters, Atwater, Kallinger, Hogan, Mayfield, and Revenue; revising such powers and duties; providing additional powers Murman— and duties of the Department of Revenue; providing for oversight of the association by the department; deleting certain provisions relating to HB 311—A bill to be entitled An act relating to education finance; detection and prevention of employer insolvencies; amending s. 440.386, creating s. 236.08109, F.S.; authorizing school districts to opt out of the F.S.; providing parity for the association with the Department of restrictions applied to allocations for formula-funded categorical Revenue relating to proceedings for delinquency, liquidation, and programs and to use such funds at their discretion; exempting certain conservation of assets; repealing s. 440.51(6)(b), F.S., relating to certain allocations tied to federal funds; providing requirements to obtain such reports required by the Department of Insurance; amending s. 440.515, discretionary spending authority; requiring certain reporting; providing F.S.; correcting a cross reference, to conform; 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 Committees on Insurance; Fiscal Policy & Resources; Referred to the Committees on Education Innovation; Education and Council for Competitive Commerce. Appropriations; and Council for Lifelong Learning. By Representatives Brown, Berfield, and Negron— By Representatives Gibson, and Davis— HB 321—A bill to be entitled An act relating to prescription drug HB 313—A bill to be entitled An act relating to ad valorem taxation; claim identification cards; creating s. 627.6465, F.S.; providing intent; creating s. 193.703, F.S.; providing for a reduction in assessment for requiring certain licensed insurers to provide a benefits identification constructed or reconstructed living quarters of parents or grandparents card for certain purposes under certain circumstances; providing an of property owners or of their spouses; providing limitations; providing application procedures; providing penalties for making a willfully false exception; specifying required information; providing for temporary statement in the application; providing for adjustment of the assessed stickers for annual renewal cards; providing an effective date. value of property when the property owner is no longer eligible for the First reading by publication (Art. III, s. 7, Florida Constitution). reduction in assessment; providing a contingent effective date. Referred to the Committees on Health Regulation; Insurance; and First reading by publication (Art. III, s. 7, Florida Constitution). Council for Healthy Communities. Referred to the Committees on Local Government & Veterans Affairs; Fiscal Policy & Resources; and Council for Smarter Government. By Representative Baker—

By Representatives Betancourt, Lynn, and Baxley— HB 323—A bill to be entitled An act relating to vehicle crash reports; amending s. 316.066, F.S.; providing limited exceptions to a public HB 315—A bill to be entitled An act relating to the equitable records exemption for vehicle crash reports to authorize immediate distribution of marital assets and liabilities; amending s. 61.075, F.S.; disclosure of vehicle crash reports to tissue and organ donation January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 29 facilitation organizations; including local agencies and agents and By Representative Stansel— employees of local, state, and federal agencies under provisions granting access to vehicle crash reports for certain purposes under certain HB 339—A bill to be entitled An act relating to Lafayette County; circumstances; providing an effective date. repealing chapter 59-1460, Laws of Florida, relating to the Lafayette County Development Authority; 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 on State Administration; and Council for First reading by publication (Art. III, s. 7, Florida Constitution). Smarter Government. Referred to the Committee on Local Government & Veterans Affairs. By Representative Prieguez— By Representatives Maygarden, Richardson, and Benson— HB 325—A bill to be entitled An act relating to road designations; designating a specified portion of Le Jeune Road in the City of Coral HB 341—A bill to be entitled An act relating to state universities; Gables in Miami-Dade County as a state historic road; prohibiting the authorizing a bachelor of science in nursing degree program at the expenditure of state funds for certain purposes; providing construction University of West Florida; authorizing a master’s in social work degree of the act; directing the Division of Historical Resources of the program at Florida Atlantic University; providing an effective date. Department of State to provide for the erection of suitable markers; First reading by publication (Art. III, s. 7, Florida Constitution). providing an effective date. Referred to the Committees on Colleges & Universities; Education First reading by publication (Art. III, s. 7, Florida Constitution). Appropriations; and Council for Lifelong Learning.

Referred to the Committees on Transportation; Fiscal Policy & By Representatives Fasano and Harrell— Resources; and Council for Ready Infrastructure. HB 343—A bill to be entitled An act relating to managed care; By Representatives Carassas, Wiles, Justice, Joyner, and Gottlieb— providing legislative intent; amending s. 641.315, F.S.; prohibiting termination of a provider contract except under certain circumstances; HJR 327—A joint resolution proposing an amendment to Section 24 allowing patients to disenroll in certain plans and reenroll in other plans of Article I of the State Constitution relating to public records and under certain circumstances; amending s. 641.3903, F.S.; prohibiting a meetings exemptions. health maintenance organization from advertising availability of certain providers under certain circumstances; providing an exception; First reading by publication (Art. III, s. 7, Florida Constitution). providing an effective date. Referred to the Committees on Judicial Oversight; Rules, Ethics & First reading by publication (Art. III, s. 7, Florida Constitution). Elections; and Council for Smarter Government. Referred to the Committees on Health Promotion; Insurance; Judicial By Representatives Baker, Stansel, and Jordan— Oversight; and Council for Healthy Communities.

HB 329—A bill to be entitled An act relating to small aircraft By Representatives Kottkamp, Hogan, Spratt, Henriquez, Bense, transportation; providing legislative intent with respect to NASA’s Melvin, Paul, Murman, Harrell, Stansel, Sobel, and Gannon— Small Aircraft Transportation System; providing an effective date. HB 345—A bill to be entitled An act relating to negligence; creating First reading by publication (Art. III, s. 7, Florida Constitution). s. 768.093, F.S.; providing that specified assistive technology devices shall not be considered dangerous instrumentalities; defining “powered Referred to the Committees on Transportation; Transportation & shopping cart”; providing an effective date. Economic Development Appropriations; and Council for Ready Infrastructure. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Baxley— Referred to the Committees on Judicial Oversight; Agriculture & Consumer Affairs; and Council for Smarter Government. HB 331—A bill to be entitled An act relating to the United States flag; creating s. 256.15, F.S.; providing that it is unlawful to prohibit the HB 347—Withdrawn display of the flag of the United States; providing a penalty; providing By Representative Atwater— an effective date. HB 349—A bill to be entitled An act relating to Martin County; First reading by publication (Art. III, s. 7, Florida Constitution). providing for the relief of Margaret B. Helm for injuries and damages sustained as a result of the negligence of the Martin County Volunteer Referred to the Committees on Judicial Oversight; Crime Prevention, Fire Department; specifying the use of funds appropriated; providing for Corrections & Safety; and Council for Smarter Government. reimbursement of Medicaid and Brain and Spinal Cord Injury Program expenditures; providing an effective date. HB 333—Withdrawn Proof of publication of the required notice was attached. By Representative Baxley— First reading by publication (Art. III, s. 7, Florida Constitution). HB 335—A bill to be entitled An act relating to consensus estimating conferences; amending s. 216.136, F.S.; creating the Mental Health Referred to the Committee on Claims; and Procedural & Redistricting Estimating Conference and providing its duties and principals; Council. providing an effective date. By Representative Benson— First reading by publication (Art. III, s. 7, Florida Constitution). HB 351—A bill to be entitled An act relating to controlled substances; Referred to the Committees on Health Regulation; Health & Human amending s. 893.03, F.S.; adding carisoprodol to Schedule IV of the Services Appropriations; and Council for Healthy Communities. controlled substance standards and schedules; reenacting ss. 316.193(5), 322.2616(2)(c), 327.35(5), 440.102(11)(b), 458.326(3), HB 337—Withdrawn 817.563, 831.31(1)(a) and (2), 856.015(1)(d), 893.02(4), 893.13(1)(a), (c), 30 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

(d), (e), and (f), (2)(a), (4)(b), and (5)(b), and 921.0022(3)(b), (c), and (e), representative of the Estate of Nancy Mervil, on behalf of himself and F.S., relating to driving under the influence, persons under 21 years of the two minor children of Jesnor Exanor and his deceased wife, Nancy age driving with a blood-alcohol or breath-alcohol level in excess of a Mervil; authorizing and directing the City of Delray Beach to specified threshold, boating under the influence, drug-free workplace compensate them for the death of Nancy Mervil due to the negligence of program requirements, treatment of intractable pain, sale of substance an employee of the city; providing an effective date. in lieu of controlled substance, counterfeit controlled substances, open house parties, the definition of “controlled substance,” prohibited acts Proof of publication of the required notice was attached. involving controlled substances, and the offense severity ranking chart, First reading by publication (Art. III, s. 7, Florida Constitution). respectively, to incorporate the amendment to s. 893.03, F.S., in references thereto; providing an effective date. Referred to the Committee on Claims; and Procedural & Redistricting Council. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Diaz de la Portilla— Referred to the Committees on Crime Prevention, Corrections & Safety; Criminal Justice Appropriations; and Council for Healthy HB 361—A bill to be entitled An act relating to Miami-Dade County; Communities. providing for the relief of Millie Jackson; providing for an appropriation to compensate her for injuries and damages sustained as a result of By Representatives Waters and Heyman— negligent acts by an employee of Miami-Dade County; providing an HB 353—A bill to be entitled An act relating to postsecondary effective date. education; amending ss. 229.003 and 229.008, F.S.; revising the Proof of publication of the required notice was attached. membership of state university boards of trustees; amending s. 229.0082, F.S.; removing authority of university presidents to approve First reading by publication (Art. III, s. 7, Florida Constitution). internal procedures of student government organizations; creating s. 240.236, F.S.; providing requirements for university student Referred to the Committee on Claims; and Procedural & Redistricting governments; providing requirements with respect to the adoption and Council. approval of internal procedures; providing procedures for suspension By Representative Fields— and removal of officers; amending s. 240.5275, F.S.; revising the membership of the Campus Board of the University of South Florida HB 363—A bill to be entitled An act relating to the City of Belle Sarasota/Manatee; amending s. 240.5277, F.S.; revising the Glade; providing for the relief of Willie Police, III, Cora Donaldson, membership of the Board of Trustees of New College of Florida; Willie Police, Sr., and the Estate of Willie Police, Jr.; authorizing and repealing s. 240.136, F.S., relating to suspension and removal of elected directing the City of Belle Glade to compensate them for injuries student government officials at state universities and community suffered as a result of the death of Willie Police, Jr., due to the colleges; providing an effective date. negligence of employees of the city; 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 Committees on Colleges & Universities; Rules, Ethics First reading by publication (Art. III, s. 7, Florida Constitution). & Elections; and Council for Lifelong Learning. Referred to the Committee on Claims; and Procedural & Redistricting By Representatives Cusack, Joyner, Bendross-Mindingall, Brutus, Council. Richardson, Gannon, Rubio, Lerner, Rich, and Wiles— By Representatives Paul, Mayfield, and Harrell— HB 355—A bill to be entitled An act relating to public school health care services; creating s. 381.00593, F.S.; creating a public school HB 365—A bill to be entitled An act relating to claims against volunteer health care practitioner program; providing a short title; engineers, architects, and licensed professional surveyors and mappers; providing purpose; providing a definition; providing for waiver of creating s. 45.08, F.S.; providing definitions; requiring claimants to biennial active license renewal fees for specified health care serve engineers, architects, and licensed professional surveyors and practitioners who provide their services, without compensation, in the mappers with a preliminary expert opinion when it is deemed that public schools; providing program and eligibility requirements; expert opinion testimony will be necessary to prove the standard of care providing immunity from liability and workers’ compensation required of the engineer, architect, or licensed professional surveyor and protection; providing for payment of any resulting increase in liability mapper in support of the claim; providing an effective date. insurance premiums; providing administrative responsibilities; providing rulemaking authority; providing for implementation; First reading by publication (Art. III, s. 7, Florida Constitution). providing an effective date. Referred to the Committees on Judicial Oversight; Business First reading by publication (Art. III, s. 7, Florida Constitution). Regulation; and Council for Smarter Government. Referred to the Committee on General Education; and Council for By Representatives Justice, Bucher, Gibson, Kravitz, Baker, Crow, Lifelong Learning. Meadows, Jordan, Cusack, Seiler, Mahon, Waters, Hogan, and Harrell— By Representatives Cantens and Kottkamp— HB 367—A bill to be entitled An act relating to disabled veterans; HB 357—A bill to be entitled An act for the relief of Kimberly Godwin; amending s. 320.0842, F.S.; authorizing certain veterans to apply for a providing an appropriation to compensate her for violations of her rights license plate with the wheelchair symbol; providing for an annual use and for injuries she sustained as a result of the negligence of the fee; providing for the disposition of the fee; providing for the collection Department of Children and Family Services; providing an effective of other required fees; 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 Committees on Transportation; Transportation & Referred to the Committees on Claims; Health & Human Services Economic Development Appropriations; and Council for Ready Appropriations; and Procedural & Redistricting Council. Infrastructure.

By Representative Diaz de la Portilla— By Representative Lee—

HB 359—A bill to be entitled An act relating to the City of Delray HB 369—A bill to be entitled An act for the relief of Kathleen Beach; providing for the relief of Jesnor Exanor, as personal McCarty, individually and as personal representative of the Estate of January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 31

Laura Bailey, deceased, and George Decker and Joan Decker, testing; providing for the payment of fees; providing for costs; providing individually and as co-personal representatives of the Estate of an effective date. Christina Decker; providing appropriations to compensate them for losses sustained as a result of the actions of the Department of Children First reading by publication (Art. III, s. 7, Florida Constitution). and Family Services; providing an effective date. Referred to the Committees on Judicial Oversight; Fiscal Policy & First reading by publication (Art. III, s. 7, Florida Constitution). Resources; and Council for Smarter Government.

Referred to the Committees on Claims; Health & Human Services By Representative Wallace— Appropriations; and Procedural & Redistricting Council. HB 381—A bill to be entitled An act relating to small business HB 371—Withdrawn employment incentives; providing for issuing tax credit vouchers; requiring the Department of Revenue to develop forms and procedures; By Representative Kendrick— limiting the availability of the credit vouchers; providing an effective HB 373—A bill to be entitled An act relating to Lee County; providing date. for the relief of Jacob P. Darna, a minor, for injuries sustained as a First reading by publication (Art. III, s. 7, Florida Constitution). result of the negligence of the Lee County School Board; providing an effective date. Referred to the Committees on Economic Development & International Trade; Fiscal Policy & Resources; and Fiscal Proof of publication of the required notice was attached. Responsibility Council. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Mahon— Referred to the Committee on Claims; and Procedural & Redistricting Council. HB 383—A bill to be entitled An act relating to federal aid; amending s. 339.12, F.S.; providing that certain counties levying the local option By Representative Bullard— ninth-cent fuel tax shall receive preference points to calculate eligibility for receipt of any transportation grant for which the county applies; HB 375—A bill to be entitled An act relating to the School Board of providing an effective date. Palm Beach County; providing for the relief of Mary Nell Dent Harley, as legal guardian of Ariel Alexus Dent, for injuries sustained by Ariel First reading by publication (Art. III, s. 7, Florida Constitution). Alexus Dent as the result of negligence on the part of an employee of the board; providing an effective date. Referred to the Committees on Transportation; Fiscal Policy & Resources; and Council for Ready Infrastructure. Proof of publication of the required notice was attached. By Representative Lee— First reading by publication (Art. III, s. 7, Florida Constitution). HB 385—A bill to be entitled An act relating to property and casualty Referred to the Committee on Claims; and Procedural & Redistricting insurers; amending s. 624.4072, F.S.; increasing a period of exemption Council. from certain taxes and assessments for certain minority businesses; By Representatives Clarke, Trovillion, Heyman, Evers, Bean, extending a future repeal; providing an effective date. Bullard, Baxley, Maygarden, Davis, Kallinger, Mayfield, Harrington, Benson, Allen, Negron, Atwater, Harrell, Prieguez, Holloway, Cantens, First reading by publication (Art. III, s. 7, Florida Constitution). Greenstein, Bowen, Barreiro, Detert, Green, Flanagan, Arza, Dockery, Referred to the Committees on Economic Development & Byrd, Justice, Stansel, Murman, Melvin, Wiles, Kilmer, Russell, Brown, International Trade; Fiscal Policy & Resources; and Council for Spratt, Waters, Paul, Kendrick, Attkisson, Kosmas, Hogan, Meadows, Competitive Commerce. Sobel, Bucher, Gannon, Weissman, Bense, Baker, Goodlette, and Mack— By Representative Lee—

HB 377—A bill to be entitled An act relating to the Department of HB 387—A bill to be entitled An act relating to property and casualty State; amending s. 265.285, F.S.; revising the membership of and insurance risk apportionment; amending s. 627.351, F.S.; providing that appointing authority for the Florida Arts Council; providing for terms of nursing homes and assisted living facilities are immediately eligible for members; providing a limitation on consecutive terms of membership; coverage in the Florida Property and Casualty Joint Underwriting providing qualifications for council appointees; revising a duty of the Association; providing that rates used by the association are subject to council; amending s. 265.286, F.S.; revising the scope of a challenge s. 627.062, F.S.; eliminating provisions tying the initial rates of the grant program authorized by the Division of Cultural Affairs of the association to rates contained in the Insurance Services Office filing Department of State; providing match ratio criteria for local, regional, with the Department of Insurance; providing an effective date. and state or capital projects; 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 Committees on Tourism; Transportation & Economic Referred to the Committees on Insurance; Elder & Long-Term Care; Development Appropriations; and Council for Competitive Commerce. and Council for Competitive Commerce.

By Representative Brutus— By Representatives Lerner, Heyman, Needelman, McGriff, Jennings, Bennett, Trovillion, Russell, Kosmas, Justice, Stansel, Kendrick, HB 379—A bill to be entitled An act relating to paternity; creating s. Kravitz, Flanagan, Spratt, Alexander, Argenziano, Littlefield, Baxley, 382.0136, F.S.; requiring DNA testing at birth and maintenance of such Prieguez, Peterman, Romeo, Bendross-Mindingall, Kallinger, Baker, records by the Department of Health; providing for analysis by court Jordan, Meadows, Ball, Gannon, Gottlieb, Evers, Kilmer, Maygarden, order; amending s. 742.011, F.S.; requiring that determination of Hogan, Mahon, Clarke, and Bucher— paternity proceedings be electronically recorded; creating s. 742.125, F.S.; authorizing a new trial with respect to a determination of paternity HB 389—A bill to be entitled An act relating to manslaughter; under certain circumstances; providing conditions for the granting of amending s. 782.07, F.S.; providing that a person who causes the death relief with respect to a motion for a new trial; providing for genetic of a law enforcement officer or firefighter through culpable negligence 32 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 commits the offense of aggravated manslaughter; providing an By Representative Argenziano— enhanced penalty; providing an effective date. HB 401—A bill to be entitled An act relating to community college First reading by publication (Art. III, s. 7, Florida Constitution). required instruction; amending s. 240.325, F.S.; requiring community college general education requirements to include civics instruction Referred to the Committees on Crime Prevention, Corrections & which focuses on American national government; providing an effective Safety; Criminal Justice Appropriations; and Council for Healthy date. Communities. First reading by publication (Art. III, s. 7, Florida Constitution). HB 391—Withdrawn Referred to the Committees on Colleges & Universities; Education By Representatives Simmons and Hogan— Appropriations; and Council for Lifelong Learning. HB 393—A bill to be entitled An act relating to motor vehicle financial HB 403—Withdrawn responsibility; amending s. 324.021, F.S.; revising the definition of the term “motor vehicle”; increasing financial responsibility limits with By Representatives Rich and Weissman— respect to bodily injury or death in a single accident; creating s. 324.023, F.S.; requiring proof of financial responsibility for bodily injury or death; HB 405—A bill to be entitled An act relating to prevention of providing for a waiver of certain mandatory financial responsibility discrimination in prescription plans; requiring certain employers to requirements based upon financial hardship; specifying criteria; ensure that prescription plans include certain coverage, are limiting the liability of insurers and insurance agents under certain comprehensive, and do not discriminate on the basis of gender; circumstances; requiring the Department of Insurance to develop providing for penalties; providing an effective date. affidavit forms and to adopt rules; amending s. 324.031, F.S.; increasing limits for proof of financial responsibility for for-hire transportation First reading by publication (Art. III, s. 7, Florida Constitution). vehicle certificates of self-insurance; amending s. 324.161, F.S.; HM 407—Withdrawn increasing the amount required for a surety bond or deposit for proof of financial responsibility; amending s. 324.171, F.S.; revising the required By Representative Bilirakis— threshold limit for self-insurers; amending ss. 316.646 and 627.733, F.S., to conform; providing an effective date. HB 409—A bill to be entitled An act relating to investigations by the office of inspector general of the Department of Corrections; amending First reading by publication (Art. III, s. 7, Florida Constitution). s. 944.31, F.S.; providing for designation of certain persons as law enforcement officers and authorizing such persons to have certain Referred to the Committees on Judicial Oversight; Insurance; and powers and duties; amending s. 944.35, F.S.; revising provisions relating Council for Smarter Government. to use of force by department employees and responsibility and By Representatives Detert, Ausley, Gannon, Brown, and Melvin— guidelines for investigations thereof; providing an effective date.

HB 395—A bill to be entitled An act relating to commodity First reading by publication (Art. III, s. 7, Florida Constitution). procurement; amending s. 287.012, F.S.; revising a definition of Referred to the Committees on State Administration; Crime commodity to include certain accounting services; providing an effective Prevention, Corrections & Safety; and Council for Smarter Government. date. HB 411—Withdrawn First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee on State Administration; and Council for By Representative Farkas— Smarter Government. HB 413—A bill to be entitled An act relating to pharmacy; amending By Representatives Bennett and Flanagan— s. 465.003, F.S.; defining the term “centralized prescription filling”; creating s. 465.0265, F.S.; authorizing centralized prescription filling by HB 397—A bill to be entitled An act relating to Manatee County one pharmacy for another pharmacy and providing requirements Mosquito Control District; codifying, reenacting, amending, and therefor; requiring maintenance of a policy and procedures manual, repealing special acts related to the district; providing a charter; subject to inspection by the Board of Pharmacy or its agent upon providing for formation as an independent special district; providing request, and providing requirements therefor; requiring the board to boundaries of the district; providing for the election of commissioners adopt rules to implement the section; providing an effective date. and operation of the district in accordance with ch. 388, F.S.; providing for district powers, functions, and duties; providing for construction and First reading by publication (Art. III, s. 7, Florida Constitution). effect; providing an effective date. Referred to the Committee on Health Regulation; and Council for Proof of publication of the required notice was attached. Healthy Communities. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Farkas— Referred to the Committees on Local Government & Veterans Affairs; HB 415—A bill to be entitled An act relating to prostitution; and State Administration. amending s. 796.07, F.S.; requiring certain offenders to be screened for substance abuse; requiring an offender who tests positive for substance By Representatives Bennett, Bowen, Spratt, and Flanagan— abuse to attend a treatment program under certain circumstances; providing requirements for sentencing a defendant for failure to HB 399—A bill to be entitled An act relating to the Florida Mobile complete the treatment program; providing an effective date. Home Act; amending s. 723.037, F.S.; providing for a meeting between the park owner and a committee of affected mobile home owners with First reading by publication (Art. III, s. 7, Florida Constitution). respect to certain lot rental amount increases; amending s. 723.06116, F.S.; revising language with respect to payments by a mobile home park Referred to the Committees on Crime Prevention, Corrections & owner to the Florida Mobile Home Relocation Trust Fund; providing an Safety; Criminal Justice Appropriations; and Council for Healthy effective date. Communities.

First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Prieguez— Referred to the Committees on Agriculture & Consumer Affairs; HB 417—A bill to be entitled An act relating to the Beverage Law; Fiscal Policy & Resources; and Council for Competitive Commerce. amending ss. 562.11 and 562.111, F.S.; providing an exemption for January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 33 giving or serving to certain underage students alcoholic beverages that she suffered due to the negligence of county employees; providing an are delivered as part of a required curriculum at an accredited effective date. institution; providing an exemption for the possession of alcoholic beverages by underage students in specified circumstances; providing Proof of publication of the required notice was attached. 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 on Claims; and Procedural & Redistricting Council. Referred to the Committee on Colleges & Universities; and Council for Smarter Government. By Representatives Brown, Flanagan, Bennett, Trovillion, Bowen, Baker, Greenstein, Ritter, Gannon, and Hogan— By Representative Brown— HB 427—A bill to be entitled An act relating to participation in HB 419—A bill to be entitled An act for the relief of Billie Jo McIntire; insurance plans; amending ss. 255.05, 287.055, and 287.057, F.S.; providing an appropriation to compensate Billie Jo McIntire, as prohibiting requiring contractors or subcontractors under certain surviving spouse and Personal Representative of the Estate of Jeffrey contracts to participate, or be penalized for nonparticipation, in certain Scott McIntire, deceased, and Sarah Ellen Megan McIntire and insurance plans; providing an effective date. Christian Jeffrey Taylor McIntire, surviving minor children of Jeffrey Scott McIntire, deceased, for the wrongful death of their husband and First reading by publication (Art. III, s. 7, Florida Constitution). father, Jeffrey Scott McIntire, as a result of the negligence of the Florida Department of Transportation; providing an effective date. Referred to the Committee on Business Regulation; and Council for Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Gibson— Referred to the Committees on Claims; Transportation & Economic Development Appropriations; and Procedural & Redistricting Council. HB 429—A bill to be entitled An act relating to alcoholic beverage licenses; authorizing the issuance of a special alcoholic beverage license By Representatives Weissman and Gottlieb— for certain entities operating within the commercial district of a retirement community within the Town of Lady Lake and for certain HB 421—A bill to be entitled An act relating to funeral and cemetery entities operating within the commercial district of a retirement services; amending ss. 497.201 and 497.253, F.S.; reducing minimum community within Sumter County; providing restrictions; providing an acreage requirements for cemeteries; amending s. 497.245, F.S.; effective date. revising requirements for the purchase of burial rights and for the deposit of payments from sales of burial rights into care and Proof of publication of the required notice was attached. maintenance trust funds; amending s. 497.405, F.S.; restricting the First reading by publication (Art. III, s. 7, Florida Constitution). preneed sale of services on behalf of a certificateholder to licensed funeral directors; amending s. 497.417, F.S.; revising the amounts Referred to the Committee on Business Regulation; and Council for required to be placed in trust for services and merchandise under a Smarter Government. preneed contract; providing for earlier phasing out of the option to By Representatives Sorensen and Hogan— secure preneed contracts by means of payment bonds; amending ss. 497.419 and 497.429, F.S.; providing for payment of accumulated HB 431—A bill to be entitled An act relating to public records; earnings or net income to the purchaser rather than the amending s. 119.07, F.S.; providing an exemption from public records certificateholder upon cancellation of a preneed contract; removing requirements for specified identifying information relating to the staff provisions authorizing liquidated damages; creating s. 497.424, F.S.; and certified volunteers of the child guardian ad litem programs and providing a limit on the interest that may be held in an insurance their spouses and children; providing for future review and repeal; company providing security on or acting as a servicing agent for a providing a finding of public necessity; providing an effective date. preneed contract; amending s. 497.425, F.S.; providing for earlier phasing out of the option to secure preneed contracts by means of First reading by publication (Art. III, s. 7, Florida Constitution). payment bonds; amending s. 497.441, F.S.; removing a reference to Referred to the Committee on State Administration; and Council for liquidated damages, to conform; providing an effective date. Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Andrews— Referred to the Committees on Banking; General Government HB 433—A bill to be entitled An act relating to pari-mutuel wagering; Appropriations; and Council for Competitive Commerce. amending s. 550.09511, F.S.; reducing the rate of tax on handle for By Representative Kendrick— certain jai alai permitholders who conduct intertrack wagering; amending s. 550.615, F.S.; revising language with respect to intertrack HB 423—A bill to be entitled An act relating to Dixie, Gilchrist, and wagering; removing a limitation on receiving broadcasts of certain races Levy Counties; repealing chapter 84-423, Laws of Florida, relating to or games; providing an effective date. the Tri-County Hospital Authority; 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 on Business Regulation; and Council for First reading by publication (Art. III, s. 7, Florida Constitution). Smarter Government.

Referred to the Committee on Local Government & Veterans Affairs; By Representative Kyle— and Council for Healthy Communities. HB 435—A bill to be entitled An act relating to transportation; By Representative Prieguez— amending s. 334.30, F.S.; providing for public-private transportation facilities; eliminating the requirement that the Legislature approve HB 425—A bill to be entitled An act relating to Miami-Dade County; such facilities; providing requirements for the use of funds from the providing for the relief of Hilda De Paz; authorizing and directing State Transportation Trust Fund; providing requirements with respect Miami-Dade County to compensate Hilda De Paz for personal injuries to proposals; providing for specific project approval by the Legislature 34 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 for certain projects; authorizing the Department of Transportation to educational and ancillary facilities as specified; amending s. 633.022, create certain corporations to shield the state from possible financial F.S.; conforming provisions; providing an effective date. risks for projects; authorizing the department to lend certain funds to such corporations; 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 Committees on General Education; Fiscal Policy & Resources; and Council for Lifelong Learning. Referred to the Committees on Transportation; Fiscal Policy & Resources; and Council for Ready Infrastructure. By Representative Hogan—

By Representative Haridopolos— HB 445—A bill to be entitled An act relating to public records exemptions; amending s. 119.07, F.S.; exempting from public records HB 437—A bill to be entitled An act relating to school facilities; requirements certain customer personal information held by publicly amending s. 235.061, F.S.; requiring school district administrative owned utilities; providing for review and repeal; providing a statement personnel to move into relocatables and the existing school district of public necessity; providing an effective date. administrative facilities to be used for additional classroom space 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 on State Administration; and Council for Smarter Government. Referred to the Committee on Education Innovation; and Council for Lifelong Learning. By Representatives Bennett and Flanagan—

By Representatives Stansel, Mahon, Kravitz, Gibson, Attkisson, HB 447—A bill to be entitled An act relating to the North River Fire Melvin, Baxley, Cusack, Baker, Kendrick, Spratt, Heyman, Harrington, District, Manatee County; codifying the district charter; providing Waters, Allen, and Hogan— boundaries; providing for a Board of Fire Commissioners; providing for elections; providing for filling of vacancies; providing authority to levy HB 439—A bill to be entitled An act relating to educational benefits special assessments; providing for liens; providing for public hearings; for dependent children of military personnel who died or incurred total providing for deposit of funds; providing for use of funds; providing and permanent disability while participating in Operation Enduring borrowing power of the district; providing authority and power to Freedom; creating s. 295.0185, F.S.; providing educational opportunity acquire certain property; providing duties of the Board of Fire at state expense for dependent children of military personnel who died Commissioners; providing authority to employ qualified personnel; or suffered a service-connected 100-percent total and permanent providing for financial reporting; providing for existence of the district; disability in Operation Enduring Freedom; specifying documentation providing definitions; providing for impact fees; providing a schedule of which constitutes proof of eligibility for such benefits; providing an special assessments; providing severability; providing for liberal effective date. construction; repealing chapters 89-502, 91-406, and 96-452, Laws of Florida; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committees on Colleges & Universities; Education Proof of publication of the required notice was attached. Appropriations; and Council for Lifelong Learning. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Cantens, Berfield, Lerner, Heyman, Justice, Referred to the Committee on Local Government & Veterans Affairs; Greenstein, Mahon, Murman, Machek, Rich, Bullard, Betancourt, and Council for Smarter Government. Richardson, Russell, Weissman, Gannon, Kilmer, Ausley, Lynn, Mealor, Trovillion, Needelman, Harrell, Melvin, Ryan, Wilson, and Fiorentino— By Representatives Bennett and Flanagan—

HB 441—A bill to be entitled An act relating to specialty license HB 449—A bill to be entitled An act relating to the Parrish Fire plates; amending ss. 320.08056 and 320.08058, F.S.; providing for a Control District, Manatee County; amending section 15 and subsection Breast Cancer Research license plate; providing for a use fee; directing (2) of section 16 of chapter 85-451, Laws of Florida, as amended by the Department of Highway Safety and Motor Vehicles to develop a chapter 95-501, Laws of Florida; increasing the rates for special Breast Cancer Research license plate; providing for the distribution and assessments; increasing impact fees; providing an effective date. use of fees; 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 Committees on Transportation; Transportation & Economic Development Appropriations; and Council for Ready Referred to the Committees on Local Government & Veterans Affairs; Infrastructure. and Fiscal Policy & Resources.

By Representative Barreiro— By Representative Atwater—

HB 443—A bill to be entitled An act relating to firesafety standards HB 451—A bill to be entitled An act relating to the Town of Palm for educational and ancillary plants and educational facilities; Beach Shores, Palm Beach County; authorizing the town to exercise its amending s. 235.06, F.S.; requiring the State Fire Marshal to adopt police powers and jurisdiction extending 1,200 feet into the waters of the uniform standards as provided in s. 633.022(1)(b), F.S.; providing for Atlantic Ocean adjacent to its established corporate limits; providing an enforcement and administration of such standards by local fire officials; effective date. prescribing conditions for conducting firesafety inspections; prescribing duties of local fire officials in providing a plan of action and a schedule Proof of publication of the required notice was attached. for correction of deficiencies; requiring the State Fire Marshal to adopt First reading by publication (Art. III, s. 7, Florida Constitution). and administer rules prescribing specified standards for the safety and health of occupants of educational and ancillary plants; amending s. Referred to the Committees on Local Government & Veterans Affairs; 633.01, F.S.; requiring the State Fire Marshal to adopt and administer Crime Prevention, Corrections & Safety; and Council for Smarter rules prescribing standards for the safety and health of occupants of Government. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 35

By Representatives Harrington, Hogan, and Spratt— F.S.; revising eligibility requirements; providing eligibility requirements for students who enter the military service; providing for HJR 453—A joint resolution proposing an amendment to Article I of reinstatement of awards; creating s. 240.40215, F.S.; providing for the State Constitution relating to the right to hunt, fish, and harvest Florida Bright Futures Scholarship awards for students attending game. United States military service academies; providing for the issuance of First reading by publication (Art. III, s. 7, Florida Constitution). warrants; providing that the receipt of awards shall be retroactive under certain conditions; providing for repeal; providing an effective date. Referred to the Committees on Rules, Ethics & Elections; Natural Resources & Environmental Protection; and Procedural & Redistricting First reading by publication (Art. III, s. 7, Florida Constitution). Council. Referred to the Committees on Colleges & Universities; Fiscal Policy By Representative Kallinger— & Resources; and Council for Lifelong Learning.

HB 455—A bill to be entitled An act relating to private investigative, By Representative Ball— private security, and repossession services; amending s. 493.6105, F.S.; revising requirements for initial application for licensure to perform HB 461—A bill to be entitled An act relating to enterprise zones; private investigative, private security, and repossession services; creating s. 290.00686, F.S.; authorizing the Office of Tourism, Trade, amending s. 493.6106, F.S.; revising license requirements with respect and Economic Development to designate an enterprise zone in Brevard to private investigative, private security, and repossession services; County; providing requirements with respect thereto; providing an amending s. 493.6108, F.S.; revising provisions with respect to effective date. investigation of applicants by the Department of State; amending s. 493.6111, F.S.; clarifying provisions relating to the conduct of business First reading by publication (Art. III, s. 7, Florida Constitution). by a licensee under more than one name; amending s. 493.6113, F.S.; revising notice requirements with respect to license renewal; amending Referred to the Committees on Economic Development & s. 493.6115, F.S.; correcting a cross reference; amending s. 493.6118, International Trade; Fiscal Policy & Resources; and Council for F.S.; increasing the administrative fine which may be imposed for a Competitive Commerce. violation of ch. 493, F.S.; amending s. 493.6201, F.S.; providing that the performance of certain services is not creditable toward experience By Representatives Garcia, Harrington, Hogan and Mahon— requirements for specified classes of licensure to perform private investigative services; renaming pt. IV of ch. 493, F.S., entitled HB 463—A bill to be entitled An act relating to student withdrawal “Repossession Services” as “Recovery Services”; amending s. 493.6401, from courses due to military service; requiring rules and policies by F.S.; revising terminology; revising requirements with respect to district school boards, community college district boards of trustees, and specified classes of licensure; amending ss. 493.6402 and 493.6404, F.S.; university boards of trustees; providing that a student shall not suffer conforming terminology; amending s. 493.6403, F.S.; revising training academic or financial penalties; authorizing the refund of fees; providing requirements with respect to a specified class of license; amending s. an effective date. 493.6405, F.S.; conforming terminology with respect to the sale of, and transfer of proceeds from the sale of, a recovered motor vehicle, mobile First reading by publication (Art. III, s. 7, Florida Constitution). home, or motorboat; providing a penalty; amending s. 493.6406, F.S.; Referred to the Committees on Colleges & Universities; Education conforming terminology; revising provisions which require recovery Appropriations; and Council for Lifelong Learning. agent schools, training facilities, and instructors to apply for departmental approval and pay an application fee; including By Representatives Baxley, Mahon, and Harrington— correspondence schools and distance education programs among entities which may be approved by the department to provide recovery agent HB 465—A bill to be entitled An act relating to determination of instruction and training; reenacting s. 493.6121(3), F.S., relating to the resident status for tuition purposes; amending s. 240.1201, F.S.; authority of the Department of State to investigate noncompliance with providing for classification as residents of dependent children of certain ch. 493, F.S., and take appropriate action, for the purpose of active duty members of the Armed Services; providing an effective date. incorporating the amendment to s. 493.6118, F.S., in a reference thereto; reenacting s. 790.25(3)(o) and (p), F.S., relating to lawful use, First reading by publication (Art. III, s. 7, Florida Constitution). ownership, and possession of firearms, other weapons, ammunition, and supplies by investigators employed by public defenders or the capital Referred to the Committees on Colleges & Universities; Education collateral representative, for the purpose of incorporating the Appropriations; and Council for Lifelong Learning. amendment to s. 493.6108, F.S., in a reference thereto; providing an effective date. HB 467—Withdrawn

First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Bense— Referred to the Committees on Business Regulation; Fiscal Policy & HB 469—A bill to be entitled An act for the relief of Maria Verela, as Resources; and Council for Smarter Government. personal representative of the Estate of Veronica Barcos, deceased, and Carlos Barcos as guardian of Janessa Barcos and Natalee Barcos, minor By Representative Spratt— children of Veronica Barcos, and providing for the relief of Ligia Iglesias and Alba Luz Avendano, as co-personal representatives of the Estate of HB 457—A bill to be entitled An act relating to bridge designations; Zuleima Torres, deceased, and as co-guardians of Ashley Barcos and designating the new U.S. Highway 27 bridge in the City of Moore Haven Gianni Barcos, minor children of Zuleima Torres; providing an as the “Mamie Langdale Memorial Bridge”; designating the old Nassau Sound Bridge in Nassau and Duval Counties as the “George Crady appropriation to compensate them for injuries sustained as a result of Bridge”; directing the Department of Transportation to erect suitable the negligence of the Department of Transportation; providing an markers; 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 on Transportation; and Council for Ready Referred to the Committee on Claims; and Procedural & Redistricting Infrastructure. Council.

By Representatives Kilmer and Waters— By Representative Sorensen—

HB 459—A bill to be entitled An act relating to the Florida Bright HB 471—A bill to be entitled An act relating to Monroe County; Futures Scholarship Program; amending ss. 240.40201 and 240.40202, creating the Key Largo Wastewater Treatment District, an independent 36 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 special district; creating a district charter; specifying the boundaries of By Representatives Stansel and Heyman— the district, consisting of certain land areas transferred from the Florida Keys Aqueduct Authority; providing powers and duties of the district; HB 483—A bill to be entitled An act relating to the Inmate Welfare providing for a governing board; providing for membership, Trust Fund; amending s. 945.215, F.S.; prohibiting use of funds for qualifications, terms, powers, duties, and compensation of the board; certain purposes; providing an effective date. amending chapter 76-441, Laws of Florida, as amended; terminating jurisdiction of the Florida Keys Aqueduct Authority over all lands First reading by publication (Art. III, s. 7, Florida Constitution). transferred to the district; providing an effective date. Referred to the Committees on Crime Prevention, Corrections & Proof of publication of the required notice was attached. Safety; Criminal Justice Appropriations; and Council for Healthy Communities. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Romeo— Referred to the Committee on Local Government & Veterans Affairs; and Council for Smarter Government. HB 485—A bill to be entitled An act relating to road designation; designating a portion of State Road 580 in the City of Temple Terrace By Representatives Gardiner, Harrell, Negron, Stansel, Waters, Kilmer, Gannon, and Melvin— as “Temple Terrace Parkway”; directing the Department of Transportation to erect suitable markers; providing an effective date. HB 473—A bill to be entitled An act relating to use of the term “chamber of commerce”; providing definitions; prohibiting certain First reading by publication (Art. III, s. 7, Florida Constitution). business entities from using the term “chamber of commerce” under Referred to the Committee on Transportation; and Council for Ready certain circumstances; providing a penalty; authorizing chambers of Infrastructure. commerce to sue certain business entities to enjoin use of such term; providing an effective date. By Representatives Seiler and Gottlieb— First reading by publication (Art. III, s. 7, Florida Constitution). HB 487—A bill to be entitled An act relating to attorney’s fees; Referred to the Committees on Business Regulation; Crime amending s. 57.105, F.S.; providing for serving of motions seeking Prevention, Corrections & Safety; and Council for Smarter Government. sanctions allowed for unsupported claims or defenses or delay of litigation; providing an effective date. By Representatives Seiler, Gottlieb, and Mayfield— First reading by publication (Art. III, s. 7, Florida Constitution). HB 475—A bill to be entitled An act relating to school facilities; amending s. 230.23, F.S.; providing an example of a school-within-a- Referred to the Committee on Judicial Oversight; and Council for school; amending s. 235.2157, F.S.; modifying small school student Smarter Government. population limits; providing for exceptions to the small-schools requirements; providing an effective date. By Representatives Henriquez, Kottkamp, Greenstein, and Allen—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 489—A bill to be entitled An act relating to land surveying and mapping; amending s. 472.003, F.S.; exempting certain subordinate Referred to the Council for Lifelong Learning; Committee on employees from provisions relating to regulation of land surveying and Education Appropriations; and Fiscal Responsibility Council. mapping; amending s. 472.005, F.S.; providing definitions; amending s. By Representative Baker— 472.008, F.S.; providing rulemaking authority to the Board of Professional Surveyors and Mappers relating to the use of professional HB 477—A bill to be entitled An act relating to road designations; titles by retirees; amending s. 472.013, F.S.; deleting an obsolete designating a portion of State Road 19 in Lake County as the “PFC prerequisite to take the licensure examination to practice as a surveyor Robert M. McTureous, Jr., U.S.M.C., Medal of Honor Memorial and mapper; deleting rulemaking authority for the review and approval Highway”; directing the Department of Transportation to erect suitable of military schools and federal training and apprenticeship programs; markers; providing an effective date. amending s. 472.015, F.S.; revising requirements for licensure by First reading by publication (Art. III, s. 7, Florida Constitution). endorsement; amending s. 472.029, F.S.; revising provisions relating to access to lands of others for surveying or mapping purposes; providing Referred to the Committee on Transportation; and Council for Ready applicability to subordinates; exempting landowners from certain Infrastructure. liability; providing for a landowner’s duty of care; amending s. 472.031, F.S.; prohibiting persons who are not registered to practice surveying By Representatives Slosberg and Gannon— and mapping from offering to practice such profession or from using HB 479—A bill to be entitled An act relating to exploitation of elderly certain related professional titles; providing penalties; amending s. or disabled adults; amending s. 825.103, F.S.; specifying a statute of 472.033, F.S.; revising and providing grounds for disciplinary action; limitations for exploitation of the funds, assets, or property of an elderly providing penalties; deleting certain duties of the Board of Professional person or disabled adult; providing for tolling of certain statutes of Surveyors and Mappers and the Department of Business and limitations under certain circumstances; providing an effective date. Professional Regulation relating to disciplinary proceedings; 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 Committees on Judicial Oversight; Crime Prevention, Corrections & Safety; and Council for Smarter Government. Referred to the Committee on Business Regulation; and Council for Smarter Government. By Representative Argenziano— By Representatives Goodlette, Carassas, Crow, and Gannon— HB 481—A bill to be entitled An act relating to high school graduation requirements; amending s. 232.246, F.S.; providing for the award of a HB 491—A bill to be entitled An act relating to civil legal assistance; standard high school diploma to certain Korean War Veterans; creating the Florida Access to Civil Legal Assistance Act; providing providing an effective date. legislative intent and purpose; providing definitions; specifying powers of the Department of Community Affairs for certain purposes; limiting First reading by publication (Art. III, s. 7, Florida Constitution). use of certain funds for certain purposes; requiring the department to Referred to the Committees on General Education; Local Government contract for delivery of civil legal assistance to certain persons through & Veterans Affairs; and Council for Lifelong Learning. not-for-profit legal aid organizations; providing contract requirements; January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 37 specifying application; requiring the department to ensure against leaving the engine running when the vehicle is unattended; accountability; requiring an annual audit; providing for eligibility for providing an effective date. state support; 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 on Local Government & Veterans Affairs; Referred to the Committees on Judicial Oversight; Health & Human and Council for Smarter Government. Services Appropriations; and Council for Smarter Government. By Representative Mahon— By Representative Fiorentino— HB 499—A bill to be entitled An act relating to real estate HB 493—A bill to be entitled An act relating to voter registration; professionals; amending s. 475.17, F.S.; requiring educational courses amending s. 97.052, F.S.; authorizing private individuals and groups to that are prerequisites to licensure as a broker, broker-salesperson, or reproduce voter registration applications under certain conditions; salesperson or the maintenance or renewal of such licensure to be made deleting the requirement to provide on a voter registration application available by means of distance learning; providing requirements for the the applicant’s address of property for which a homestead exemption provision and satisfactory completion of such distance learning courses; has been granted, if any; deleting the required statement informing amending s. 475.182, F.S., relating to continuing education applicants granted a homestead exemption of the repercussions of requirements, to conform; amending s. 475.451, F.S., relating to schools registering in a precinct other than that in which the homestead teaching real estate practice, to conform; reenacting s. 475.05, F.S., to property is located; repealing s. 98.015(11), F.S., relating to duty of the provide the Florida Real Estate Commission rulemaking authority with supervisor of elections to report to the property appraiser certain respect to implementation of the distance learning courses required by information on a person registering to vote at an address different from this act; providing an effective date. the one where the person has filed for a homestead exemption, to conform; amending s. 196.141, F.S.; deleting the requirement for the First reading by publication (Art. III, s. 7, Florida Constitution). property appraiser to review information provided by the supervisor of elections on certain voters and to initiate procedures to terminate Referred to the Committee on Business Regulation; and Council for homestead exemptions and assess back taxes, as appropriate, to Smarter Government. conform; amending s. 97.057, F.S.; requiring the Department of By Representative Lynn— Highway Safety and Motor Vehicles to forward copies of unsigned voter registration applications within a specified period to the appropriate HB 501—A bill to be entitled An act relating to Volusia County; supervisors of elections; amending s. 97.058, F.S.; requiring voter providing for codification of special laws regarding special districts registration agencies to forward copies of incompleted voter registration pursuant to s. 189.429, F.S., relating to Daytona Beach Racing and applications within a specified period to the appropriate supervisors of Recreational Facilities District, an independent special district in elections; amending s. 97.071, F.S.; requiring voter registration Volusia County; providing legislative intent, and codifying and identification cards to have the name, rather than the signature, of the reenacting provisions of chapter 29588, Laws of Florida, chapter 29590, supervisor of elections; amending s. 97.1031, F.S.; revising notice Laws of Florida, chapter 31343, Laws of Florida, chapter 63-2023, Laws requirements for change of residence within the same county; amending of Florida, chapter 73-647, Laws of Florida, and chapter 80-494, Laws s. 98.0977, F.S.; revising duties of the supervisor of elections relating to of Florida; providing a district charter; providing for the severability of maintenance of the voter registration rolls; providing for an provisions deemed invalid; providing for the repeal of prior special acts administrative hearing, as an alternative to notice, to determine the relating to the Daytona Beach Racing and Recreational Facilities eligibility of voters convicted of a felony or adjudicated mentally District; providing an effective date. incapacitated with respect to voting; 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 Committees on Rules, Ethics & Elections; State Administration; and Procedural & Redistricting Council. Referred to the Committee on Local Government & Veterans Affairs; and Council for Smarter Government. By Representative Gelber— By Representative Simmons— HB 495—A bill to be entitled An act relating to violation of the election code; amending s. 104.091, F.S.; providing that any person who HB 503—A bill to be entitled An act relating to trial courts; amending conspires with another person to violate the election code or who s. 26.012, F.S.; providing that circuit courts shall not have appellate knowingly gives aid to a person who has violated the code with intent jurisdiction over felony cases tried in county court; amending s. 34.01, to help such person avoid or escape detection, arrest, trial, or F.S.; providing that county courts have jurisdiction over certain felony punishment shall be punished as if he or she had committed the traffic and vessel cases and misdemeanor cases arising out of the same violation; providing penalties; amending s. 777.04, F.S.; exempting circumstances as such felony cases; amending s. 28.30, F.S.; directing certain violations of the Florida Election Code from provisions the clerk of the circuit court in each county to create an operational and specifying the ranking of an offense under the Criminal Punishment secure method for electronic filing, retention, and retrieval of county Code; providing an effective date. court and circuit court records; amending s. 35.065, F.S.; providing that district courts of appeal have appellate jurisdiction over felony cases First reading by publication (Art. III, s. 7, Florida Constitution). tried in county court; providing an effective date.

Referred to the Committee on Rules, Ethics & Elections; Council for First reading by publication (Art. III, s. 7, Florida Constitution). Smarter Government; and Procedural & Redistricting Council. Referred to the Committees on Judicial Oversight; Criminal Justice By Representative Needelman— Appropriations; and Council for Smarter Government.

HB 497—A bill to be entitled An act relating to solid waste collection; By Representative Needelman— amending s. 165.061, F.S.; clarifying provisions related to the treatment of existing solid waste contracts in areas affected by the merger or HB 505—A bill to be entitled An act relating to law enforcement; incorporation of municipalities; amending s. 316.1975, F.S.; exempting providing for the consolidation of all sworn law enforcement positions in solid-waste or recovered-materials collection vehicles from a prohibition the state under the Florida Department of Law Enforcement; providing 38 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 for the enforcement of laws affected by the act; providing for a reviser’s do not participate and the child is in out-of-home care; providing an bill to reflect changes adopted in the act; 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 Committees on State Administration; Crime Referred to the Committees on Child & Family Security; Judicial Prevention, Corrections & Safety; Criminal Justice Appropriations; and Oversight; and Council for Healthy Communities. Council for Smarter Government. By Representatives Pickens, Hogan, and Mayfield— By Representative Fasano— HB 513—A bill to be entitled An act relating to state reserves; HB 507—A bill to be entitled An act relating to responsiveness to creating s. 258.166, F.S.; establishing the Rodman Reservoir State emergencies and disasters; providing legislative findings; creating s. Reserve; directing the Division of Recreation and Parks of the 381.00316, F.S.; authorizing the State Health Officer to take specified Department of Environmental Protection to develop multipurpose emergency actions to protect the public health; amending s. 381.0034, recreational opportunities and provide supervision of the area; allowing F.S.; providing a requirement for instruction of certain health care public hunting; authorizing the Division of State Lands to acquire licensees on conditions caused by nuclear, biological, and chemical adjacent or contiguous property; requiring the Division of State Lands to notify persons with easements in the area; requiring a report; terrorism, as a condition of initial licensure, and, in lieu of the providing an effective date. requirement for instruction on HIV and AIDS, as a condition of relicensure; amending s. 381.0035, F.S.; providing a requirement for First reading by publication (Art. III, s. 7, Florida Constitution). instruction of employees at certain health care facilities on conditions caused by nuclear, biological, and chemical terrorism, upon initial Referred to the Committees on Natural Resources & Environmental employment, and, in lieu of the requirement of instruction on HIV and Protection; General Government Appropriations; and Council for Ready AIDS, as biennial continuing education; amending s. 401.27, F.S.; Infrastructure. providing that the course on conditions caused by nuclear, biological, By Representatives Mayfield and Paul— and chemical terrorism shall count toward the total required hours for biennial recertification of emergency medical technicians and HB 515—A bill to be entitled An act relating to liens on commercial paramedics; amending s. 456.033, F.S.; providing a requirement for real estate by brokers and appraisers; creating chapter 714, F.S., the instruction of certain health care practitioners on conditions caused by “Broker’s and Appraiser’s Lien on Commercial Real Estate Act”; nuclear, biological, and chemical terrorism, as a condition of initial providing applicability; providing definitions; specifying conditions licensure, and, in lieu of the requirement for instruction on HIV and under which a commission is earned and payable; providing address AIDS, as part of biennial relicensure; creating s. 456.0345, F.S.; requirements for required notices to brokers; specifying conditions providing continuing education credits to health care practitioners for under which a broker is entitled to a lien on commercial real estate and certain life support training; amending s. 456.072, F.S.; conforming requiring disclosure of such right in the commission agreement; provisions relating to grounds for disciplinary actions to changes in providing requirements relating to waiver, release, or discharge of a lien health care practitioners’ course requirements; amending s. 456.38, and assumption of an obligation for a commission; providing for affidavit F.S.; revising provisions relating to the health care practitioner registry identifying brokers due a commission; providing for filing of notice of for disasters and emergencies; prohibiting certain termination of or lien; providing for contents of notice of lien; providing for service of discrimination against a practitioner providing disaster medical notice of lien; providing for date of inception of lien; providing for assistance; amending ss. 458.319 and 459.008, F.S.; conforming priority of liens; providing applicability to mixed-use real estate; provisions relating to exceptions to continuing education requirements providing for change in use of real estate; providing time limits to file a for physicians and osteopathic physicians; providing an effective date. notice of lien; providing for suit to foreclose lien; providing a statute of limitations on suits to foreclose a lien; providing for assessment of costs, First reading by publication (Art. III, s. 7, Florida Constitution). fees, and interest in suits to foreclose a lien; providing for release of lien; providing for escrow accounts; providing for named escrow agent; Referred to the Committees on Health Regulation; Health & Human providing for costs of interpleader actions; providing conditions under Services Appropriations; and Council for Healthy Communities. which a party may not refuse to close a transaction; providing the term By Representative Green— of an escrow account; providing for extinguishment of a lien on commercial real estate and transfer of the lien to the proceeds of the HB 509—A bill to be entitled An act relating to the Florida escrow account upon establishment thereof; providing for the filing of a Retirement System; amending ss. 121.021 and 121.0515, F.S.; including bond to indemnify against a lien; providing bond requirements; certain members employed as Federal Aviation Administration-licensed providing for notice of bond; providing for recording of bond and notice; pilots authorized to provide mosquito control services in the special risk providing for action on bond; providing owner’s or tenant’s remedies; class; providing exceptions; providing an effective date. providing broker’s remedies; amending s. 475.42, F.S.; providing that brokers may place liens on property as provided by law; providing an First reading by publication (Art. III, s. 7, Florida Constitution). effective date.

Referred to the Committee on State Administration; Fiscal First reading by publication (Art. III, s. 7, Florida Constitution). Responsibility Council; and Council for Smarter Government. Referred to the Committees on Judicial Oversight; Business By Representative Cusack— Regulation; and Council for Smarter Government.

HB 511—A bill to be entitled An act relating to children; amending By Representative Bilirakis— s. 39.013, F.S.; providing that time limitations under ch. 39, F.S., do not include continuances requested by any party; providing limitations on HB 517—A bill to be entitled An act relating to retiree health continuances; amending s. 39.402, F.S.; providing that time limitations insurance; amending s. 112.363, F.S.; revising the minimum and governing placement of a child in a shelter do not include continuances maximum retiree health insurance subsidies; revising the contribution requested by any party; providing limitations on continuances; paid by employers of members of state-administered retirement plans; amending s. 39.506, F.S.; eliminating the requirement for a court’s providing effective dates. continued review of a child’s placement in a shelter; amending s. 39.601, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; modifying case-plan requirements; requiring the department to adopt rules governing the content and format of case plans; amending Referred to the Committees on State Administration; Fiscal Policy & s. 39.602, F.S.; eliminating certain criteria in case plans when parents Resources; and Council for Smarter Government. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 39

By Representatives Murman, Fasano, Green, Harrell, Greenstein, By Representatives Wiles and Cusack— Lerner, Justice, and Spratt— HB 527—A bill to be entitled An act relating to the City of Palm HB 519—A bill to be entitled An act relating to nursing shortage Coast; amending chapter 99-448, Laws of Florida; revising the date of solutions; providing a short title; amending s. 445.012, F.S.; replacing the primary city election; providing for a primary city election only when the Careers for Florida’s Future Incentive Grant Program with the more than two candidates qualify for an office; providing that if a Careers for Florida’s Future Loan Forgiveness Program; providing for primary election is held, and a candidate receives a majority vote of the management of the program by the Office of Student Financial votes cast in the primary, that candidate shall be deemed elected to Assistance of the Department of Education; providing duties of the office and the office will not be subject to a regular city election; department; providing criteria and requirements of the program; providing a legal description of the city limits; amending provisions for deleting provisions relating to authority and duties of Workforce revising district boundaries; deleting obsolete provisions; providing an Florida, Inc.; deleting provisions relating to awarding grants; creating effective date. the Sunshine Workforce Solutions Grant Program; providing legislative intent; providing purposes; providing procedures, requirements, and Proof of publication of the required notice was attached. criteria for administering the program; providing duties of the First reading by publication (Art. III, s. 7, Florida Constitution). Department of Education; amending s. 456.072, F.S.; excluding nursing licensees from application of certain acts constituting grounds for Referred to the Committees on Local Government & Veterans Affairs; disciplinary action; amending s. 464.018, F.S.; specifying additional acts Rules, Ethics & Elections; and Council for Smarter Government. constituting grounds for disciplinary action for nursing licensees; amending s. 464.019, F.S.; revising rulemaking authority of the Board By Representative Greenstein— of Nursing relating to approval of nursing programs; exempting certain HB 529—A bill to be entitled An act for the relief of Minouche Noel, nursing programs from certain board rules under certain circumstances; a minor, and Jean and Flora Noel, parents and natural guardians of providing requirements; creating s. 464.085, F.S.; authorizing the Minouche Noel; providing an appropriation to compensate Minouche Department of Health to issue certain persons a nursing license under Noel, a minor, and Jean and Flora Noel, parents and natural guardians certain circumstances; providing for future repeal; repealing ss. of Minouche Noel, individually, for injuries and damages sustained due 445.0121, 445.0122, 445.0123, 445.0124, and 445.0125, F.S., relating to to the negligence of Children’s Medical Services of the former the Careers for Florida’s Future Incentive Grant Program provisions; Department of Health and Rehabilitative Services; providing for the use providing an effective date. of funds; providing for reversion of funds to the state; providing an First reading by publication (Art. III, s. 7, Florida Constitution). effective date. Referred to the Committees on Colleges & Universities; Education First reading by publication (Art. III, s. 7, Florida Constitution). Appropriations; and Council for Lifelong Learning. Referred to the Committees on Claims; Health & Human Services Appropriations; and Procedural & Redistricting Council. By Representative Lee— By Representatives Andrews, Alexander, Cantens, Lacasa, Melvin, HB 521—A bill to be entitled An act relating to the Hillsborough Wallace, Betancourt, Kendrick, Greenstein, Bennett, Bullard, Allen, County School Board; providing for the relief of Alana Kelly and Richard Baker, and Gottlieb— F. Taylor, Sr.; providing for an appropriation to compensate them for the death of their son, Richard F. Taylor, Jr., caused by the negligence of a HB 531—A bill to be entitled An act relating to technological and Hillsborough County School Board employee; providing an effective economic development; creating the Commission on Intellectual date. Capital, Technology Transfer, and Leading Edge Business Development; providing for membership; providing purposes; requiring Proof of publication of the required notice was attached. the commission to develop a plan; requiring an annual report to the First reading by publication (Art. III, s. 7, Florida Constitution). Legislature; providing commission goals; providing for staff; providing an effective date. Referred to the Committee on Claims; and Procedural & Redistricting Council. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Ball— Referred to the Committees on Information Technology; Transportation & Economic Development Appropriations; and Council HB 523—A bill to be entitled An act relating to relating to community for Lifelong Learning. human services infrastructure; amending s. 20.19, F.S.; including the state attorney and public defender among those persons who may be By Representative Needelman— added to the membership of a local community alliance for human HB 533—A bill to be entitled An act relating to the placement of rip services; providing an effective date. current warning signs; creating s. 380.275, F.S.; providing for a First reading by publication (Art. III, s. 7, Florida Constitution). cooperative effort among state agencies and local governments to plan for and assist in the placement of rip current warning signs; providing Referred to the Committees on Child & Family Security; Judicial that the Department of Community Affairs shall direct and coordinate Oversight; and Council for Healthy Communities. the program; requiring the development of a uniform rip current warning sign; authorizing the department to coordinate the distribution By Representatives Littlefield, Murman, Crow, Bennett, and and erection of rip current warning signs; providing for rules; limiting Flanagan— the liability of participating governmental entities; providing an effective date. HB 525—A bill to be entitled An act relating to prostate cancer; establishing a Prostate Cancer Awareness Program within the First reading by publication (Art. III, s. 7, Florida Constitution). Department of Health; specifying purpose, activities, administration, and funding sources for the program; creating a prostate cancer Referred to the Committees on Natural Resources & Environmental advisory committee; providing for appointment of members; providing Protection; Local Government & Veterans Affairs; and Council for for reimbursement of expenses; providing an effective date. Ready Infrastructure.

First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Kallinger— Referred to the Committees on Health Promotion; Health & Human HB 535—A bill to be entitled An act relating to attorney fees; creating Services Appropriations; and Council for Healthy Communities. the “Reasonable Attorney Fees for Taxpayers Act”; providing a 40 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 definition; requiring state agencies retaining an attorney for legal notices and satisfaction of liens on vessels maintained by the services to do so by competitive bid; providing a separate procedure for Department of Highway Safety and Motor Vehicles; amending s. contracts for legal services exceeding a certain amount; providing a 372.5717, F.S.; revising the classification of records of hunter safety limitation on the payment of per-hour fees by state agencies; providing certification cards maintained by the Fish and Wildlife Conservation an effective date. Commission; amending s. 560.121, F.S.; decreasing and qualifying the period of retention for examination reports, investigatory records, First reading by publication (Art. III, s. 7, Florida Constitution). applications, application records, and related information compiled by Referred to the Committees on State Administration; Fiscal Policy & the Department of Banking and Finance under the Money Transmitters’ Resources; and Council for Smarter Government. Code; amending s. 560.123, F.S.; decreasing the period of retention for specified reports filed by money transmitters with the Department of By Representative Henriquez— Banking and Finance under the Money Transmitters’ Code; amending s. 560.129, F.S.; decreasing and qualifying the period of retention for HB 537—A bill to be entitled An act relating to campaign financing; examination reports, investigatory records, applications, application amending s. 106.09, F.S.; increasing penalties for making or accepting records, and related information compiled by the Department of certain illegal campaign contributions; providing an effective date. Banking and Finance under the Money Transmitters’ Code; amending s. 624.311, F.S.; authorizing the Department of Insurance to maintain First reading by publication (Art. III, s. 7, Florida Constitution). an electronic recordkeeping system for specified records, statements, Referred to the Committees on Rules, Ethics & Elections; Crime reports, and documents; eliminating a standard for the reproduction of Prevention, Corrections & Safety; and Procedural & Redistricting such records, statements, reports, and documents; amending s. 624.312, Council. F.S.; providing that reproductions from an electronic recordkeeping system of specified documents and records of the Department of By the Committee on Tourism; Representatives Trovillion, Heyman, Insurance shall be treated as originals for the purpose of their Bullard, Justice, Allen, and Davis— admissibility in evidence; amending s. 633.527, F.S.; decreasing the period of retention for specified examination test questions, answer HB 539—A bill to be entitled An act relating to public records; sheets, and grades in the possession of the Division of State Fire amending s. 18.20, F.S.; removing photographic film reproductions of Marshal of the Department of Insurance; amending s. 655.50, F.S.; specified vouchers or checks paid by the State Treasurer and preserved revising a requirement of the Department of Banking and Finance to as records of the office of the Treasurer from classification as permanent retain copies of specified reports submitted by financial institutions records; amending s. 119.01, F.S.; establishing state policy with respect under the Florida Control of Money Laundering in Financial to public records; requiring that governmental agencies provide data in Institutions Act to provide that such reports or information contained a common format; requiring governmental agencies to consider certain therein which are known to be the subject of an existing criminal factors in designing or acquiring electronic recordkeeping systems; proceeding shall be retained in accordance with federal law; revising a providing certain restrictions with respect to electronic recordkeeping requirement of the department to retain copies of specified records of systems and proprietary software; requiring governmental agencies to exemption for a person exempt under the Florida Control of Money provide copies of public records stored in electronic recordkeeping Laundering in Financial Institutions Act to provide that if such person systems; specifying circumstances under which the financial, business, or the person’s transactions are known to be the subject of an existing and membership records of an organization are public records; criminal proceeding the records shall be retained in accordance with amending s. 119.011, F.S.; providing definitions; repealing ss. 119.0115, federal law; amending s. 945.25, F.S.; requiring the Department of 119.012, 119.02, F.S., relating to videotapes and video signals, records Corrections to obtain and place in its official records specified made public by use of public funds, and penalties; amending s. 119.021, information on every person who may be sentenced to supervision or F.S.; providing requirements for governmental agencies in maintaining incarceration under the jurisdiction of the department; eliminating a and preserving public records; requiring the Division of Library and requirement of the department, in its discretion, to obtain and place in Information Services of the Department of State to adopt rules for its permanent records specified information on persons placed on retaining and disposing of public records; authorizing the division to probation and on persons who may become subject to pardon and provide for archiving certain noncurrent records; providing for the commutation of sentence; amending s. 985.31, F.S.; revising the destruction of certain records and the continued maintenance of certain classification of specified medical files of serious or habitual juvenile records; providing for the disposition of records at the end of an official’s offenders; repealing s. 212.095(6)(d), F.S., which requires the term of office; requiring that a custodian of public records demand Department of Revenue to keep a permanent record of the amounts of delivery of records held unlawfully; repealing ss. 119.031, 119.041, refunds claimed and paid under ch. 212, F.S., and which requires that 119.05, 119.06, F.S., relating to the retention and disposal of public such records shall be open to public inspection; repealing s. 238.03(9), records and the delivery of records held unlawfully; amending s. 119.07, F.S., relating to the authority of the Department of Management F.S.; revising provisions governing the inspection and copying of public Services to photograph and reduce to microfilm as a permanent record records; establishing fees for copying; providing requirements for its ledger sheets showing the salaries and contributions of members of making photographs; authorizing additional means of copying; the Teachers’ Retirement System of Florida, the records of deceased repealing ss. 119.08, 119.083, F.S., relating to requirements for making members of the system, and the authority to destroy the documents from photographs of public records and the licensing and sale of copyrighted which such films derive; repealing s. 591.34, F.S.; eliminating a data-processing software; amending s. 119.084, F.S.; deleting certain procedure by which permission may be obtained from the Department provisions governing the maintenance of public records in an electronic of Agriculture and Consumer Services to cut seed trees; designating the recordkeeping system; repealing ss. 119.085, 119.09, F.S., relating to Records Management Center of the Department of State as the “James remote electronic access to public records and the program for records C. ‘Jim’ Smith Records Management Center”; providing an effective and information management of the Department of State; amending s. date. 119.10, F.S.; clarifying provisions with respect to penalties for a violation of ch. 119, F.S.; amending s. 119.105, F.S.; clarifying provisions First reading by publication (Art. III, s. 7, Florida Constitution). under which certain police reports may be exempt from the public- Referred to the Committee on State Administration; and Council for records law; amending s. 120.55, F.S.; revising language with respect to Smarter Government. publication of the Florida Administrative Code to provide that the Department of State is required to compile and publish the code through By Representative Fasano— a continuous revision system; amending s. 257.36, F.S.; providing procedure with respect to official custody of records upon transfer of HB 541—A bill to be entitled An act relating to public medical duties or responsibilities between state agencies or dissolution of a state assistance; amending s. 395.701, F.S.; removing the annual assessment agency; amending s. 328.15, F.S.; revising the classification of records of on hospital outpatient services to fund public medical assistance; January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 41 repealing s. 395.7015, F.S., which provides for an annual assessment on project located in a county that includes or has included an area of certain other health care entities to fund public medical assistance; critical state concern for which the Legislature intends to provide amending s. 395.7016, F.S., which provides for annual appropriations to affordable housing and that meets certain income criteria is eligible replace funds lost due to reductions made by ch. 2000-256, Laws of under the State Apartment Incentive Loan Program; amending s. Florida, to remove reductions in the assessment under s. 395.7015, F.S.; 420.526, F.S.; revising requirements relating to funding priorities under providing an effective date. the Predevelopment Loan Program; amending s. 420.527, F.S.; revising requirements relating to the application procedure under the program First reading by publication (Art. III, s. 7, Florida Constitution). and to evaluation of applicants; amending s. 420.9075, F.S.; revising requirements for monitoring and determining tenant eligibility in Referred to the Committees on Health & Human Services connection with a local housing assistance plan under the State Housing Appropriations; Fiscal Policy & Resources; and Fiscal Responsibility Initiatives Partnership Program; revising requirements for determining Council. the average area purchase price under such plans; exempting a county or municipality that includes or has included an area of critical state By Representative Detert— concern for which the Legislature intends to provide affordable housing HB 543—A bill to be entitled An act relating to public records; from certain tenant income requirements under such plans; revising providing an exemption from public-records requirements for certain requirements for the annual report to the corporation required under information relating to abandoned property which is contained in the program; providing an effective date. reports to the Department of Banking and Finance under s. 717.117, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; providing an exception to the exemption; providing that certain private investigative agencies may receive information contained in Referred to the Committees on Transportation & Economic reports required under s. 717.118, F.S.; providing for future review and Development Appropriations; Fiscal Policy & Resources; and Council for repeal; providing findings of public necessity; providing an effective Smarter Government. date. By Representative Cantens— First reading by publication (Art. III, s. 7, Florida Constitution). HB 549—A bill to be entitled An act relating to child custody; Referred to the Committee on State Administration; and Council for amending s. 61.13, F.S.; providing for the posting of a bond with respect Smarter Government. to certain orders of child custody or visitation; providing criteria for the court to use in assessing the need for a bond; providing for forfeiture of By Representative Andrews— the bond under certain circumstances; providing an effective date.

HB 545—A bill to be entitled An act relating to substance abuse First reading by publication (Art. III, s. 7, Florida Constitution). services; amending s. 397.311, F.S.; revising definitions; amending s. 397.403, F.S.; providing additional requirements for service provider Referred to the Committees on Judicial Oversight; Child & Family license applications; amending s. 397.405, F.S.; revising exemptions Security; and Council for Smarter Government. from licensure; amending ss. 212.055, 397.407, 397.416, and 440.102, By Representatives Brown and Wiles— F.S.; correcting cross references; amending s. 397.451, F.S.; revising requirements relating to background checks of service provider HB 551—A bill to be entitled An act relating to property insurance personnel; providing for background screening and exemption from plans; providing a short title; amending ss. 627.351 and 627.3511, F.S.; disqualification for owners, directors, and managers of service revising certain agent commission payment and policy servicing providers; providing for background screening for all personnel who procedures and requirements; creating s. 627.3517, F.S.; preserving a have direct contact with children or adults receiving services; providing policyholder’s right to select and maintain certain agents; authorizing an additional requirement for exemption from disqualification for the Department of Insurance to adopt rules to preserve such right; certain rehabilitated substance abusers; providing an effective date. providing application; 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 Committees on Health Regulation; State Referred to the Committees on Insurance; Fiscal Policy & Resources; Administration; and Council for Healthy Communities. and Council for Competitive Commerce.

By the Committee on Local Government & Veterans Affairs; By Representative Henriquez— Representatives Sorensen, Brummer, Davis, Gibson, Bowen, Littlefield, Green, Bilirakis, Detert, Farkas, Carassas, Needelman, Pickens, HB 553—A bill to be entitled An act relating to fire hydrants; Bullard, Holloway, Jennings, Kilmer, Melvin, Trovillion, Maygarden, requiring owners of private fire hydrants to contract with local fire Goodlette, Diaz-Balart, Byrd, Flanagan, Paul, Kravitz, Simmons, control authorities to inspect and service such hydrants; providing an Cantens, Heyman, Harrington, Ryan, Evers, Ausley, Sobel, Seiler, and effective date. Clarke— First reading by publication (Art. III, s. 7, Florida Constitution). HB 547—A bill to be entitled An act relating to affordable housing; Referred to the Committees on State Administration; Local amending s. 373.4141, F.S.; providing that processing of permit Government & Veterans Affairs; Fiscal Policy & Resources; and Council applications for affordable housing projects under pt. IV of ch. 373, F.S., for Smarter Government. relating to management and storage of surface waters, shall be expedited; amending s. 380.0552, F.S.; providing for carryover of unused By Representative Joyner— residential permit units from one year to a subsequent year in the Florida Keys Area; amending s. 420.507, F.S.; providing that projects for HB 555—A bill to be entitled An act relating to reading instruction; occupancy by commercial fishing workers and the homeless are eligible providing legislative intent regarding required reading instruction; for the lowest interest rate mortgage loans under the State Apartment requiring each public elementary school to develop and implement Incentive Loan Program; authorizing the Florida Housing Finance programs for reading and literacy development in kindergarten through Corporation to establish subsidiary corporations for certain purposes grade 5; requiring the Department of Education to provide technical and to conduct and fund certain demonstration programs and projects; support; providing an effective date. amending s. 420.508, F.S.; authorizing the corporation to establish a First reading by publication (Art. III, s. 7, Florida Constitution). procedure for evaluating and ranking applications for private activity bond allocation in connection with multifamily projects and to establish Referred to the Committees on General Education; Education terms of mortgage loans; amending s. 420.5087, F.S.; providing that a Appropriations; and Council for Lifelong Learning. 42 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

By Representative Peterman— availability of water supplies for approved land development; amending s. 163.3177, F.S.; specifying additional requirements for comprehensive HB 557—A bill to be entitled An act relating to requirements for high plans relating to water resources, water supplies, and water supply school graduation; amending s. 232.246, F.S.; requiring credit in a plans; requiring a water-use related element of future land use plans to course of study that prepares students for employment after graduation; be based on data regarding the availability of sufficient water supplies reducing the number of elective credits required for graduation; for present and future growth; amending s. 403.064, F.S.; requiring amending s. 233.061, F.S.; providing for required instruction; providing reuse of reclaimed water under certain circumstances; requiring water an effective date. management districts to develop a water sources status public service program; requiring the dissemination of public information regarding First reading by publication (Art. III, s. 7, Florida Constitution). the status of major water sources; requiring biannual submittal of such Referred to the Committees on Education Innovation; Education information to certain legislative committees; providing an effective Appropriations; and Council for Lifelong Learning. date.

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

HB 559—A bill to be entitled An act relating to counties and Referred to the Committee on Natural Resources & Environmental municipalities; creating s. 775.0847, F.S.; providing enhanced penalties Protection; and Council for Smarter Government. for repeat violations of county or municipal ordinances; providing By Representative Ross— definitions; providing an effective date. HB 571—A bill to be entitled An act relating to civil penalties; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 318.21, F.S.; authorizing use of civil penalties to fund local Referred to the Committees on State Administration; Crime law enforcement automation under certain circumstances; providing an Prevention, Corrections & Safety; and Council for Smarter Government. effective date.

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

HB 561—A bill to be entitled An act relating to disabled parking Referred to the Committees on Judicial Oversight; Criminal Justice permits; amending s. 320.0848, F.S.; providing that certain advanced Appropriations; and Council for Smarter Government. registered nurse practitioners and physician assistants may provide By Representative Brutus— certification for disability required for the issuance of a disabled parking permit; providing an effective date. HB 573—A bill to be entitled An act relating to price controls by local governments; amending s. 125.0103, F.S.; providing for local regulation First reading by publication (Art. III, s. 7, Florida Constitution). of charges for certain leases for taxicabs; providing an effective date. Referred to the Committees on Transportation; Health Regulation; and Council for Ready Infrastructure. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committees on Local Government & Veterans Affairs; By Representative Smith— Transportation; and Council for Smarter Government. HB 563—A bill to be entitled An act relating to the Sheriff of St. Lucie By Representative Rubio— County; providing for the relief of William Hennelly and Anne Hennelly; authorizing and directing the St. Lucie County Sheriff’s Office to HB 575—A bill to be entitled An act relating to actions against law compensate them for personal injuries they suffered due to the enforcement officers; amending s. 111.065, F.S.; redefining the term negligence of employees of the sheriff’s office; providing an effective “law enforcement officer” for purposes of the payment of costs and date. attorney’s fees in certain actions commenced against a law enforcement officer; revising circumstances under which the employing agency of a Proof of publication of the required notice was attached. law enforcement officer has the option of paying legal costs and First reading by publication (Art. III, s. 7, Florida Constitution). attorney’s fees in an action arising out of the officer’s official duties; requiring that an officer’s employing agency pay legal costs and Referred to the Committee on Claims; and Procedural & Redistricting attorney’s fees under certain circumstances involving an emergency, Council. imminent death or bodily harm, or the pursuit or apprehension of an offender; providing an effective date. By Representatives Peterman, Flanagan, Bendross-Mindingall, Rubio, Holloway, Richardson, Siplin, Brutus, Joyner, Bucher, Gannon, First reading by publication (Art. III, s. 7, Florida Constitution). and Jennings— Referred to the Committees on Local Government & Veterans Affairs; HB 565—A bill to be entitled An act relating to farm labor Criminal Justice Appropriations; and Council for Smarter Government. contractors; amending s. 450.34, F.S.; prohibiting farm labor contractors from charging or deducting from wages certain fees; providing an By Representatives Flanagan, Waters, Brummer, and Alexander— effective date. HB 577—A bill to be entitled An act relating to governmental First reading by publication (Art. III, s. 7, Florida Constitution). reorganization; amending s. 20.04, F.S.; providing an exception to departmental structure requirements; deleting reference to the Referred to the Committees on Agriculture & Consumer Affairs; Department of Banking and Finance and substituting the Department Business Regulation; and Council for Competitive Commerce. of Insurance and Financial Services; creating s. 20.121, F.S.; creating the Office of Chief Financial Officer; providing duties; providing for a HJR 567—Withdrawn Division of Financial Investigations; creating s. 20.131, F.S.; creating By Representatives Russell, Byrd, Harrington, Machek, Goodlette, the Department of Insurance and Financial Services; providing for an Baxley, Seiler, Fasano, Clarke, Allen, Harrell, Gannon, Carassas, and executive director; providing for departmental structure; creating the Spratt— Offices of Commissioner of Insurance and Commissioner of Financial Services; providing for subpoenas, sworn statements, and enforcement HB 569—A bill to be entitled An act relating to water supply policy; proceedings; providing for appointment and specifying qualifications for providing legislative intent; amending s. 163.3167, F.S.; requiring local each commissioner; providing jurisdiction for each commissioner’s governments to provide in growth management plans for long-term office; transferring certain powers, duties, functions, rules, records, January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 43 personnel, property, and unexpended balances of appropriations, under certain conditions; providing an appropriation; providing an allocations, and other funds to the Office of Chief Financial Officer, the effective date. Department of Insurance and Financial Services, the Department of Law Enforcement, and the Department of Agriculture and Consumer First reading by publication (Art. III, s. 7, Florida Constitution). Services; specifying that rules of the Department of Banking and Referred to the Committees on Natural Resources & Environmental Finance and the Department of Insurance become rules of the Protection; General Government Appropriations; and Council for Ready Department of Insurance and Financial Services; specifying that such Infrastructure. rules become rules of the Office of Chief Financial Officer under certain circumstances; specifying that certain rules of the Department of By Representative Goodlette— Insurance become rules of the Department of Law Enforcement and the HB 585—A bill to be entitled An act relating to the Florida Uniform Department of Agriculture and Consumer Services; providing for Principal and Income Act; creating ss. 738.101, 738.102, 738.103, preservation of validity of judicial or administrative actions involving 738.104, 738.1041, 738.105, 738.201, 738.202, 738.301, 738.302, such departments; providing for substitution of certain parties in 738.303, 738.401, 738.402, 738.403, 738.501, 738.502, 738.503, 738.504, interest in such actions; creating the Office of Transition Management; 738.601, 738.602, 738.603, 738.604, 738.605, 738.606, 738.607, 738.608, specifying powers and duties thereof; requiring reports to the Governor 738.701, 738.702, 738.703, 738.704, 738.705, 738.706, 738.801, 738.802, and the Legislature; providing duties of the Division of Statutory 738.803, and 738.804, F.S.; providing a short title; providing definitions; Revision; repealing ss. 20.12 and 20.13, F.S., relating to the Department specifying a fiduciary’s duties; providing general principles; providing a of Banking and Finance and the Department of Insurance, respectively; trustee’s power to adjust between principal and income; providing for a providing an appropriation; providing effective dates. unitrust alternative to certain trusts where the power to adjust is unavailable or not exercised; providing requirements, criteria, and First reading by publication (Art. III, s. 7, Florida Constitution). procedures; providing for judicial control of certain discretionary powers; providing limitations; providing for determinations and Referred to the Committees on Banking; Insurance; State distributions of net income; providing requirements; providing for Administration; Fiscal Responsibility Council; and Council for distributions to residuary and remainder beneficiaries; providing for Competitive Commerce. apportionment at beginning and end of an income interest; providing for entitlement to a right to income; providing for apportionment of receipts By Representative Arza— and disbursements under certain circumstances; providing for allocation of trust receipts during administration; specifying character HB 579—A bill to be entitled An act relating to sports arenas and civic of receipts; providing for distributions from trust or estate; providing for centers; amending s. 561.20, F.S., relating to special license for separate accounting by trustee of certain businesses or activities; consumption of alcoholic beverages on premises; providing for transfer providing for allocation of certain receipts not normally apportioned; from the civic center authority, sports arena authority, or political providing for allocation of certain normally apportioned receipts; subdivision to contracted concessionaires and subconcessionaires; providing for allocation of disbursements from income and principal providing for reversion of license upon termination of contract; during administration of a trust; providing for certain transfers from providing an effective date. income under certain circumstances; providing for payment of certain taxes; providing for adjustments between principal and income due to First reading by publication (Art. III, s. 7, Florida Constitution). taxes; providing for uniform application and construction; providing Referred to the Committee on Business Regulation; and Council for severability; providing for application with respect to apportionment of Smarter Government. expenses and improvements; providing for application; repealing ss. 738.01, 738.02, 738.03, 738.04, 738.05, 738.06, 738.07, 738.08, 738.09, By Representatives Mayfield and Farkas— 738.10, 738.11, 738.12, 738.13, 738.14, and 738.15, F.S., relating to principal and income of trusts; providing an effective date. HB 581—A bill to be entitled An act relating to certificates of need; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 408.036, F.S.; exempting certain open-heart-surgery programs from certificate-of-need review requirements; providing an Referred to the Committee on Judicial Oversight; and Council for effective date. Smarter Government.

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

Referred to the Committee on Health Regulation; and Council for HB 587—A bill to be entitled An act relating to Palm Beach County; Healthy Communities. providing for the relief of Lawrence Douglas Bigney; authorizing and directing the Sheriff’s Office of Palm Beach County to compensate him By Representatives Greenstein and Spratt— for personal injuries suffered due to the unlawful acts of an employee of the Palm Beach County Sheriff’s Office; providing an effective date. HB 583—A bill to be entitled An act relating to aquifer storage and recovery; creating s. 403.065, F.S.; providing legislative findings and Proof of publication of the required notice was attached. intent; authorizing specified demonstration projects; providing for First reading by publication (Art. III, s. 7, Florida Constitution). permitting by the Department of Environmental Protection; providing for protection of drinking water sources; providing for a zone of Referred to the Committee on Claims; and Procedural & Redistricting discharge surrounding aquifer storage and recovery wells, and Council. providing requirements and restrictions; requiring written notice to landowners whose properties overlie the zone of discharge of a proposed By Representative Berfield— aquifer storage and recovery project; providing for revocation of the zone HB 589—A bill to be entitled An act relating to health care; amending of discharge and withdrawal of injected water, under specified s. 395.002, F.S.; revising definitions relating to emergency services and conditions; providing site monitoring requirements, including monitor care provided by hospitals and related facilities; amending s. 395.1041, wells and monitoring parameters; providing for compliance with F.S.; revising provisions relating to hospital service capability and drinking water standards; providing for a technical advisory committee, access to emergency services and care; directing the Agency for Health and providing membership and duties; requiring reports to the Care Administration to convene a workgroup to report to the Governor and Legislature; authorizing the department to adopt rules for Legislature regarding hospital service capability requirements; creating statewide implementation of aquifer storage and recovery projects, s. 395.1042, F.S.; establishing a program under the agency to reimburse 44 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 health care facilities and practitioners for the cost of uncompensated measures to be developed by the department; requiring the department emergency services and care; amending ss. 383.50, 394.4787, 395.602, to determine services to be provided based on funding generated; 395.701, 400.051, 409.905, 468.505, and 812.014, F.S.; correcting cross requiring the department to adopt rules; amending s. 39.904, F.S.; references; amending s. 401.23, F.S.; revising definitions relating to including additional provisions in the annual report on domestic emergency medical transportation services; amending s. 409.901, F.S.; violence; providing an effective date. revising definitions relating to emergency services and care for purposes of Medicaid coverage; amending s. 409.9128, F.S.; revising requirements First reading by publication (Art. III, s. 7, Florida Constitution). for providing emergency services and care under Medicaid managed Referred to the Committees on Judicial Oversight; Fiscal Policy & care plans and MediPass; creating s. 627.6053, F.S.; providing Resources; and Council for Smarter Government. requirements for health insurance policy coverage of hospital emergency services and care; amending ss. 641.19, 641.47, and 641.513, F.S.; By Representatives Lerner, Sobel, Ritter, Rich, Joyner, Peterman, revising definitions and requirements relating to the provision of Detert, Barreiro, and Heyman— emergency services and care by health maintenance organizations and prepaid health clinics; providing an appropriation; providing an HB 597—A bill to be entitled An act relating to children’s medical effective date. services; providing legislative intent with respect to the licensure and regulation of facilities that provide care for medically fragile or First reading by publication (Art. III, s. 7, Florida Constitution). technologically dependent children; providing definitions; providing requirements for the licensure of subacute pediatric prescribed extended Referred to the Committees on Health Regulation; Health & Human alternative care centers; providing for the licensing of such facilities by Services Appropriations; Fiscal Policy & Resources; and Council for the Agency for Health Care Administration; providing for fees; Healthy Communities. providing requirements for applicants for licensure; providing By Representatives Johnson, Kilmer, Ausley, and Bean— requirements for a licensee in administering and managing a SPPEAC center; requiring that each center have an advisory board; providing for HB 591—A bill to be entitled An act relating to commercial membership on the advisory board; providing requirements for the transportation; providing a penalty for the illegal use of any means of admission of a child to a SPPEAC center; requiring each center to public or commercial transportation or conveyance to commit any felony maintain policies for child care; requiring that a board-certified or to facilitate the commission of any felony; providing an effective date. pediatrician serve as the medical director of a center; providing requirements for the nursing services provided at a SPPEAC center; First reading by publication (Art. III, s. 7, Florida Constitution). providing requirements for the qualifications and experience of nursing Referred to the Committees on Crime Prevention, Corrections & personnel; specifying the minimum staff-to-child ratio for a center; Safety; Criminal Justice Appropriations; and Council for Healthy providing requirements for ancillary professional staff; requiring that a Communities. SPPEAC center provide certain educational services for children admitted to the center; requiring inservice training for center staff and By Representatives Bilirakis and Clarke— family members of children admitted to the center; requiring that the center maintain certain medical records; requiring that a center have a HB 593—A bill to be entitled An act relating to real estate brokers committee to conduct reviews for quality assurance; providing and salespersons; amending s. 475.01, F.S.; revising a definition; requirements for dietary services provided at a center; providing amending s. 475.011, F.S.; clarifying application of certain exemptions; requirements for the physical environment of a SPPEAC center; amending s. 475.15, F.S.; deleting a provision requiring only general requiring that a center maintain certain specified safety, medical, and partners of a limited partnership to be registered; amending s. 475.22, emergency equipment; providing requirements for infection control; F.S.; specifying certain sign requirements; amending s. 475.25, F.S.; providing requirements for transportation services provided by a center; revising certain provisions relating to disciplinary actions; providing an requiring that a center conform to certain minimum emergency alternative procedure for disbursing moneys from an escrow account; standards; providing an effective date. authorizing salespersons to compensate certain associated persons under certain circumstances; providing for sharing commissions on First reading by publication (Art. III, s. 7, Florida Constitution). cooperative real estate transactions under certain circumstances; Referred to the Committees on Health Regulation; Health & Human authorizing brokers to place and maintain moneys in an escrow account Services Appropriations; and Council for Healthy Communities. under certain circumstances; providing procedures for withdrawal of moneys from the account; providing definitions; creating s. 475.252, By Representatives Fasano and Harrell— F.S.; specifying disposition of certain moneys relating to rental agreements; providing an exception to certain application; providing an HB 599—A bill to be entitled An act relating to anesthesiologist effective date. assistants; creating ss. 458.3475 and 459.023, F.S.; providing definitions; providing performance standards for anesthesiologist First reading by publication (Art. III, s. 7, Florida Constitution). assistants and supervising anesthesiologists; providing for the approval Referred to the Committee on Business Regulation; and Council for of training programs and for services authorized to be performed by Smarter Government. trainees; providing licensing procedures; providing for fees; providing for additional membership, powers, and duties of the Council on By Representative Henriquez— Physician Assistants; providing penalties; providing for disciplinary actions; providing for the adoption of rules; prescribing liability; HB 595—A bill to be entitled An act relating to court costs in domestic providing for the allocation of fees; providing an effective date. violence cases; creating s. 938.14, F.S.; requiring the court to impose an additional mandatory court cost upon a person found to have committed First reading by publication (Art. III, s. 7, Florida Constitution). an act of domestic violence; providing for waiver of the court cost; Referred to the Committee on Health Regulation; and Council for providing for collection by the clerk of the court; providing for deposit of Healthy Communities. a portion of such court costs in the Domestic Violence Trust Fund; authorizing certain disbursements in accordance with specified By the Committee on Crime Prevention, Corrections & Safety; provisions; providing for the clerk to retain a service charge; amending Representatives Needelman and Bilirakis— s. 39.903, F.S.; directing that funds generated pursuant to s. 938.14, F.S., be used for legal services for victims of domestic violence; requiring HB 601—A bill to be entitled An act relating to the exclusionary rule; the Department of Children and Family Services to contract with a creating s. 90.959, F.S.; providing legislative findings regarding the statewide nonprofit association to offer legal services; providing that Division of Driver Licenses and the Division of Motor Vehicles of the allocation of funds be contingent upon achievement of specific outcome Department of Highway Safety and Motor Vehicles; providing January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 45 legislative findings regarding records maintained by the divisions; By Representative Ryan— providing legislative findings regarding the missions of the divisions and the department; providing legislative findings regarding the HB 609—A bill to be entitled An act relating to environmental application of the exclusionary rule; prohibiting the exclusion of regulation; creating s. 403.08761, F.S.; creating the “Florida evidence in certain circumstances; amending s. 322.20, F.S.; providing Performance-Based Permitting Act”; creating s. 403.08762, F.S.; providing legislative findings and public purpose; creating s. 403.08763, that the records of the Department of Highway Safety and Motor F.S.; establishing the performance-based permitting program for Vehicles maintained and created pursuant to ch. 322, F.S., shall not be regulated activities under ch. 161, F.S., relating to beach and shore considered law enforcement functions; amending s. 320.05, F.S.; preservation, pt. IV of ch. 373, F.S., relating to management and storage providing that the records of the Department of Highway Safety and of surface waters, ch. 376, F.S., relating to pollutant discharge and Motor Vehicles maintained and created pursuant to ch. 320, F.S., shall removal, and ch. 403, F.S., relating to environmental control; providing not be considered law enforcement functions; providing an effective definitions; requiring the Department of Environmental Protection to date. consider the compliance history of permit applicants; providing categories of violations; providing relevant compliance history criteria; First reading by publication (Art. III, s. 7, Florida Constitution). providing for burden of proof with respect to civil violations; providing Referred to the Council for Healthy Communities. factors to consider with respect to evaluation of an applicant’s compliance history; providing for possible departmental actions in By Representative Wilson— response to a permit application; providing conditions for permit denial or conditional issuance of a permit; authorizing applicants to propose an HB 603—A bill to be entitled An act relating to student assessment; environmental management system as part of a permit application or amending s. 229.57, F.S.; providing requirements relating to passing modification; providing for the creation of forms and for submission of scores on the grade 10 Florida Comprehensive Assessment Test; specified information; providing for compliance incentives, effective July providing that administration of the Florida Comprehensive 1, 2005, for applicants who meet certain criteria; authorizing the Assessment Test is contingent on full funding for low-performing adoption of rules; providing specified notification requirements with schools; providing a definition; providing an effective date. respect to formal enforcement actions; providing that an agency may continue to evaluate compliance history based on other provisions of law First reading by publication (Art. III, s. 7, Florida Constitution). until July 1, 2005; providing that, beginning July 1, 2005, the act supersedes all other provisions of law authorizing an agency to consider Referred to the Committees on Education Innovation; Education the compliance history of applicants for permits other than general Appropriations; and Council for Lifelong Learning. permits; amending s. 403.087, F.S.; revising conditions under which the department shall issue a permit to construct, operate, maintain, expand, By Representative Wilson— or modify an installation which may reasonably be expected to be a HB 605—A bill to be entitled An act relating to class size; amending source of pollution; providing that an applicant’s compliance history shall be a factor in determining whether the applicant has provided s. 236.687, F.S.; revising priorities for the use of funds for class size specified reasonable assurance; amending s. 373.413, F.S.; providing for reduction; providing funds for the construction of primary learning applicability of the performance-based permitting program to permits centers; defining the term “primary learning center”; requiring that for the construction or alteration of any stormwater management funds received for class size reduction be returned to the Department of system, dam, impoundment, reservoir, or appurtenant work or works, Education under certain circumstances; providing an effective date. other than general permits, under pt. IV of ch. 373, F.S., relating to management and storage of surface waters; amending s. 161.041, F.S.; First reading by publication (Art. III, s. 7, Florida Constitution). providing for applicability of the performance-based permitting program Referred to the Committees on Education Innovation; Education to all permits issued under ch. 161, F.S., relating to beach and shore Appropriations; and Council for Lifelong Learning. preservation; providing an effective date.

By Representatives Atwater, Bense, Dockery, Greenstein, Weissman, First reading by publication (Art. III, s. 7, Florida Constitution). Clarke, Diaz-Balart, Pickens, Negron, Fiorentino, Gibson, Sorensen, Referred to the Committees on Natural Resources & Environmental Crow, Green, Henriquez, Kosmas, Seiler, Ausley, and Kilmer— Protection; Fiscal Policy & Resources; and Council for Ready Infrastructure. HB 607—A bill to be entitled An act relating to state land acquisition programs; amending s. 201.15, F.S.; revising a limitation on the deposit By Representative Slosberg— of certain funds into the Land Acquisition Trust Fund; restricting authority for transfer of funds to the Save Our Everglades Trust Fund; HB 611—A bill to be entitled An act relating to bus drivers; amending amending s. 215.618, F.S.; providing for funding of debt service on s. 316.615, F.S.; requiring school districts to check the driving records Florida Forever bonds; prohibiting transfer of bond proceeds deposited of all bus drivers for suspended or revoked drivers’ licenses; providing in the Florida Forever Trust Fund; amending s. 259.101, F.S.; providing penalties; amending s. 316.70, F.S.; requiring the driving records of for replacement of funds transferred from the Florida Preservation 2000 nonpublic sector bus drivers to be checked for suspended or revoked Trust Fund; restricting further transfer of such trust funds; revising licenses; providing penalties; providing an effective date. authority and procedures for certain transfer of funds; providing First reading by publication (Art. III, s. 7, Florida Constitution). legislative recognition of the benefits of the Florida Preservation 2000 program; providing for funding to restore to the program certain funds Referred to the Committees on General Education; Business transferred to the Save Our Everglades Trust Fund; amending s. Regulation; and Council for Lifelong Learning. 259.105, F.S.; restricting future transfer of funds deposited pursuant to By Representative Fiorentino— the Florida Forever Act; amending s. 259.1051, F.S.; restricting transfer of funds deposited in the Florida Forever Trust Fund; amending s. HB 613—A bill to be entitled An act relating to pharmacy; amending 373.470, F.S.; restricting transfer of funds from the Florida Forever s. 465.009, F.S.; allowing continuing professional pharmaceutical Trust Fund or the Florida Preservation 2000 Trust Fund to the Save education requirements to be met at any time during the biennium Our Everglades Trust Fund; amending s. 375.045, F.S.; restricting preceding application for license renewal by eliminating the transfer of funds deposited in the Florida Preservation 2000 Trust Fund; requirement that a specified number of hours of the biennial providing appropriations; providing an effective date. requirements be done each year; 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 Committees on State Administration; General Referred to the Committee on Health Regulation; and Council for Government Appropriations; and Fiscal Responsibility Council. Healthy Communities. 46 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

By Representative Bilirakis— the commission to adopt rules to permit the issuance of citations; providing an effective date. HB 615—A bill to be entitled An act relating to community health centers; creating the “Community Health Center Access Program Act”; First reading by publication (Art. III, s. 7, Florida Constitution). providing legislative findings and intent; providing for expansion of federally qualified health centers to provide comprehensive primary and Referred to the Committees on Tourism; Business Regulation; and Council for Competitive Commerce. preventive health care services; providing for financial assistance to centers that meet specified criteria; specifying that funds must be used By Representative Siplin— for certain operating costs or capital improvement projects; providing for appointment of a panel to review applications for financial assistance; HB 619—A bill to be entitled An act relating to Gulf County; providing responsibilities of the Department of Health and the Florida providing for the relief of Elizabeth Linton, as personal representative Association of Community Health Centers, Inc.; providing for of the estate of her father, Harold Armstrong, deceased; providing an administration of the program and technical assistance to centers appropriation in compensation for the death of Harold Armstrong as a selected to receive financial assistance; providing an effective date. result of the negligence of Gulf 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 Committees on Health Promotion; Fiscal Policy & First reading by publication (Art. III, s. 7, Florida Constitution). Resources; and Council for Healthy Communities. Referred to the Committee on Claims; and Procedural & Redistricting By Representatives Pickens and Trovillion— Council.

HB 617—A bill to be entitled An act relating to the Florida State By Representatives Jennings and Meadows— Boxing Commission; amending s. 548.002, F.S.; providing definitions; HB 621—A bill to be entitled An act relating to career and technical creating s. 548.015, F.S.; authorizing the commission to require the education; providing legislative intent; requiring career and technical posting of a bond or other form of security by concessionaires; amending education programs within a comprehensive high school program of s. 548.003, F.S.; requiring one member of the Florida State Boxing study to be industry certified; requiring Florida Board of Education Commission to be a licensed physician; providing additional duties and rules for the certification process; providing full-time equivalent student responsibilities of the commission; requiring the commission to make funding for student enrollment; requiring articulation with recommendations with respect to unregulated and unsanctioned boxing postsecondary programs; providing academic requirements for students competitions; amending s. 548.017, F.S.; providing requirements for enrolled in career and technical education programs; providing for a ringside physicians; requiring concessionaires to be licensed; amending career and technical education endorsement on a high school diploma s. 548.021, F.S.; providing a criminal penalty for attempting to obtain a and incentive funding to school districts for students receiving the license by means of fraudulent information; creating s. 548.024, F.S.; endorsement; providing professional development programs for authorizing the commission to adopt rules providing for background guidance counselors and career specialists; amending ss. 228.041, investigations of applicants for licensure; providing for the submission 229.601, 229.602, and 239.121, F.S.; revising a personnel classification of fingerprint cards; providing procedure for processing fingerprint title; providing coordination with regional workforce boards; providing cards; amending s. 548.028, F.S.; expanding provisions with respect to for certain professional development activities; amending s. 236.081, persons whom the commission may not license; amending s. 548.041, F.S., relating to the Florida Education Finance Program; providing for F.S.; providing requirements and restrictions with respect to age, funding of career and technical education programs; revising a program condition, and suspension of boxers; providing for revocation of license group; providing requirements for course substitution; providing under specified circumstances; amending s. 548.043, F.S.; providing incentive funding for attainment of high school career and technical requirements and procedure for the weighing of participants in a boxing education endorsements as a categorical program; requiring a study by match; amending s. 548.046, F.S.; revising provisions with respect to the Office of Program Policy Analysis and Government Accountability; physicians’ attendance at boxing matches; providing state insurance amending s. 239.229, F.S.; providing certain responsibilities for school coverage and sovereign immunity protection for assigned physicians; boards and superintendents; providing effective dates. authorizing blood tests of participants prior to a match; providing for cancellation of the match for a test showing the presence of a First reading by publication (Art. III, s. 7, Florida Constitution). communicable disease or for failure to present blood test results, if Referred to the Committees on Workforce & Technical Skills; required; authorizing the commission to adopt rules relating to blood Education Appropriations; and Council for Lifelong Learning. tests; requiring the provision of urine samples by participants under specified circumstances; providing for revocation of license for failure or By Representative Jennings— refusal to provide a required urine sample; providing conditions with respect to forfeiture and redistribution of purse upon failure or refusal HB 623—A bill to be entitled An act relating to vehicle weight; to provide a required urine sample; specifying authority of physicians at amending s. 316.545, F.S.; providing a penalty schedule for weight boxing matches; providing procedure in the event of injury of a referee; violations; providing an effective date. amending s. 548.049, F.S.; increasing the minimum coverage amount of required insurance for participants in boxing matches; requiring First reading by publication (Art. III, s. 7, Florida Constitution). promoters to pay any deductible for such insurance policy; amending s. Referred to the Committees on Transportation; Fiscal Policy & 548.05, F.S.; providing additional requirements with respect to Resources; and Council for Ready Infrastructure. contracts between managers and professionals; amending s. 548.057, F.S.; placing specified restrictions on judges of boxing matches; By Representative Jennings— providing requirements with respect to number and location of judges; amending s. 548.06, F.S., relating to payments to the state; revising HB 625—A bill to be entitled An act relating to trust funds; creating components which constitute gross receipts; providing requirements the Digital Divide Trust Fund in the State Technology Office; providing with respect to the sale or extension of rights to a telecast of a match for sources of moneys and purposes; providing for administration of the held in the state; requiring a written report; requiring concessionaires fund; providing for future review and termination or re-creation of the to file specified written reports; providing requirements with respect to trust fund; providing a contingent effective date. written reports; amending s. 548.074, F.S.; providing that the First reading by publication (Art. III, s. 7, Florida Constitution). department shall have the power to administer oaths, take depositions, make inspections, serve subpoenas, and compel the attendance of Referred to the Committee on Information Technology; Fiscal witnesses and other evidence; amending s. 548.075, F.S.; authorizing Responsibility Council; and Council for Ready Infrastructure. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 47

By Representatives Lerner, Wilson, and Sobel— the Department of Environmental Protection; providing an effective date. HB 627—A bill to be entitled An act relating to citrus canker eradication; amending s. 581.184, F.S.; requiring the Department of First reading by publication (Art. III, s. 7, Florida Constitution). Agriculture and Consumer Services to apply for and obtain a search Referred to the Committees on State Administration; Natural warrant for regulatory inspection of premises or property for the Resources & Environmental Protection; and Council for Smarter purpose of implementing and enforcing the laws of the state with regard Government. to the eradication, control, and prevention of citrus canker disease when consent to inspect the premises or property has been sought and refused; By Representative Johnson— providing that the department shall have the burden of proving the HB 635—A bill to be entitled An act relating to tourism industry necessity for regulatory inspection; providing an effective date. recovery; providing a short title; amending s. 125.0104, F.S.; providing that the additional tax authorized for bonds for a professional sports First reading by publication (Art. III, s. 7, Florida Constitution). franchise facility, a retained spring training franchise facility, or a Referred to the Committees on Agriculture & Consumer Affairs; convention center, and for operation and maintenance costs of a Fiscal Policy & Resources; and Council for Competitive Commerce. convention center, and the additional tax authorized for bonds for facilities for a new professional sports franchise or a retained spring By Representative Lerner— training franchise, may also be used to promote and advertise tourism; providing for sunset of such use in 2 years; providing an effective date. HB 629—A bill to be entitled An act relating to child advocacy; amending s. 43.16, F.S.; creating the Office of Child Advocate; providing First reading by publication (Art. III, s. 7, Florida Constitution). an additional duty of the Justice Administrative Commission to manage Referred to the Committees on Tourism; Fiscal Policy & Resources; and direct the Office of Child Advocate; creating s. 43.165, F.S.; and Council for Competitive Commerce. providing for the Office of Child Advocate; providing legislative intent; providing for the appointment and term of the child advocate; providing HB 637—Withdrawn for staff and funding; providing for an annual report; providing for By Representative Brown— duties; providing for access to information; providing for the rights and powers of the advocate; providing for confidentiality; providing for HB 639—A bill to be entitled An act relating to tax on sales, use, and indemnification; providing for the transfer of the guardian ad litem other transactions; amending s. 212.08, F.S.; providing an exemption for program from the Office of State Court Administration to the Office of tangible personal property sold to a contractor employed directly by or Child Advocate; creating s. 63.406, F.S.; providing for the award of as an agent of the United States Government or state or local reasonable fees and costs to the guardian ad litem under certain government when such property will become part of a public facility circumstances; providing an effective date. owned by the governmental entity, if specified conditions are met; providing duties of such governmental entities, contractors, and sellers First reading by publication (Art. III, s. 7, Florida Constitution). with respect to documentation and recordkeeping; providing for application of penalties; providing an effective date. Referred to the Committees on Judicial Oversight; Child & Family Security; Fiscal Policy & Resources; and Council for Smarter First reading by publication (Art. III, s. 7, Florida Constitution). Government. Referred to the Committees on Fiscal Policy & Resources; State Administration; and Fiscal Responsibility Council. By Representative Gottlieb— By the Committee on State Administration; Representative HB 631—A bill to be entitled An act relating to pari-mutuel wagering; Brummer— requiring dogracing permitholders to provide a greyhound-adoption booth at each dogracing facility in the state; requiring that the booth be HB 641—A bill to be entitled An act relating to the resolution of operated by certain qualified persons on weekends; requiring that impasse; amending s. 447.403, F.S.; eliminating certain requirements of information concerning the adoption of a greyhound be made available the Legislature regarding resolution of impasse with respect to to the public at the facility; requiring the permitholder to provide collective bargaining; providing a statement of the Legislature’s adoption information in racing programs and to identify greyhounds discretionary authority to address disputed impasse issues; providing that will become available for adoption; authorizing the permitholder to an effective date. hold an additional charity day that is designated as “Greyhound Adopt- First reading by publication (Art. III, s. 7, Florida Constitution). A-Pet Day”; requiring that profits derived from the charity day be used to fund activities promoting the adoption of greyhounds; authorizing the Referred to the Council for Smarter Government. Division of Pari-mutuel Wagering within the Department of Business By Representative Richardson— and Professional Regulation to adopt rules; providing penalties; amending s. 550.1647, F.S., relating to unclaimed tickets and breaks HB 643—A bill to be entitled An act relating to Escambia County; with respect to greyhound racing; defining the term “bona fide providing for the relief of Clyde Kilpatrick; authorizing and directing organization that promotes or encourages the adoption of greyhounds”; Escambia County to compensate Clyde Kilpatrick for injuries sustained providing an effective date. as a result of the negligence of Escambia 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 on Business Regulation; and Council for Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee on Claims; and Procedural & Redistricting By Representative Argenziano— Council. HB 633—A bill to be entitled An act relating to water use permits; By Representative Atwater— amending s. 373.223, F.S.; prohibiting the issuance of permits for the use of water from springs until minimum flows and levels have been HB 645—A bill to be entitled An act relating to non-ad valorem established by the governing boards of water management districts or assessments; amending s. 197.3632, F.S., relating to the uniform 48 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 method for the levy, collection, and enforcement of non-ad valorem By Representative Clarke— assessments; defining “levied for the first time”; revising the circumstances under which a local government must adopt a non-ad HB 657—A bill to be entitled An act relating to education funding; valorem assessment roll at a public hearing; revising requirements amending s. 212.055, F.S.; providing for a discretionary sales surtax relating to the notice required prior to such a hearing; amending s. imposed by resolution of a school board for school operations or school 191.011, F.S., relating to adoption of a non-ad valorem assessment roll capital outlay; specifying approval by referendum; providing resolution requirements; providing for distribution of surtax revenues; limiting the by an independent special fire control district, and s. 192.0105, F.S., time of imposition; providing an effective date. relating to taxpayer rights, to 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 Committees on Education Innovation; Fiscal Policy & Referred to the Committees on Fiscal Policy & Resources; Local Resources; and Council for Lifelong Learning. Government & Veterans Affairs; and Fiscal Responsibility Council. By Representatives Ausley and Littlefield— By Representative Trovillion— HB 659—A bill to be entitled An act relating to students with HB 647—A bill to be entitled An act relating to the state group disabilities; creating s. 232.2464, F.S.; providing a definition; providing insurance program; amending s. 110.123, F.S.; providing a period of eligibility for accommodations in taking the Florida Comprehensive time during which certain retired officers and employees may elect to Assessment Test or the High School Competency Test required for high participate under the program; providing that former state officers and school graduation; providing an exemption from taking the test; employees who are vested in the Florida Retirement System may providing for substitution of coursework; providing requirements for participate in the state group health insurance plan at the time of eligibility for a standard high school diploma; providing for adoption of receiving their state retirement benefits; providing an effective date. rules; providing for funding for accommodations; 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 Committees on State Administration; General Government Appropriations; and Fiscal Policy & Resources. Referred to the Committees on Education Innovation; Education Appropriations; and Council for Lifelong Learning. By Representative Cusack— By Representative Wiles— HB 649—A bill to be entitled An act relating to state uniform traffic control; amending s. 316.121, F.S.; clarifying language with respect to HB 661—A bill to be entitled An act relating to vehicle title vehicles approaching or entering intersections; providing an effective certificates; amending s. 319.30, F.S.; redefining the term “total loss”; 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 on Transportation; and Council for Ready Referred to the Committees on Transportation; Business Regulation; Infrastructure. and Council for Ready Infrastructure.

By Representative Benson— By Representative Wiles—

HB 651—A bill to be entitled An act relating to drug-free workplaces; HB 663—A bill to be entitled An act relating to video games; creating amending s. 440.102, F.S.; clarifying that drug testing must be s. 847.301, F.S.; creating the “Children’s Protection from Violent Video conducted in conformity with that section in order for an employer to Games Act of 2002”; providing definitions; prohibiting sale or rental of qualify as having a drug-free workplace program; requiring certain video games under certain circumstances; restricting public display of contractors to implement a drug-free workplace program under certain certain video games; requiring official rating on specified video games; circumstances; providing an effective date. providing penalties; 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 Wishner and Harrell— Referred to the Committees on Judicial Oversight; Child & Family Security; and Council for Smarter Government. HB 653—A bill to be entitled An act relating to terrorism; creating s. By Representatives Kravitz, Mahon, Bean, Davis, Baker, Attkisson, 775.30, F.S.; defining the term “terrorism”; providing for the payment of and Baxley— restitution of costs or damages with respect to any person who commits a prank or hoax act of terrorism; providing an effective date. HB 665—A bill to be entitled An act relating to state support for certain postsecondary students; prohibiting state support to First reading by publication (Art. III, s. 7, Florida Constitution). nonresident aliens who are citizens of specified countries; providing an Referred to the Committees on Security, Select; Crime Prevention, effective date. Corrections & Safety; and Council for Healthy Communities. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Benson and Bean— Referred to the Committees on Colleges & Universities; Education HB 655—A bill to be entitled An act relating to limitation of actions; Appropriations; and Council for Lifelong Learning. amending s. 775.15, F.S.; providing that certain time limitations for By Representative Holloway— prosecuting a crime do not apply if the alleged perpetrator is identified by analysis of DNA evidence collected at the crime scene; providing an HB 667—A bill to be entitled An act relating to education; authorizing effective date. individual district school boards by resolution to allow invocation or benediction at specified secondary school-related events; providing First reading by publication (Art. III, s. 7, Florida Constitution). legislative intent; providing an effective date.

Referred to the Committees on Judicial Oversight; Crime Prevention, First reading by publication (Art. III, s. 7, Florida Constitution). Corrections & Safety; Criminal Justice Appropriations; and Council for Smarter Government. Referred to the Council for Lifelong Learning. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 49

By Representative Spratt— certain consolidated governments; amending s. 175.101, F.S.; including certain consolidated governments under provisions authorizing HB 669—A bill to be entitled An act relating to the Devil’s Garden imposition of a state excise tax on property insurance premiums Water Control District, Hendry County; amending chapter 2000-481, covering certain property for certain purposes; providing an effective Laws of Florida; amending boundaries of the district; providing for the date. equal assessment of benefits for all lands in the district; 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 Committees on Local Government & Veterans Affairs; Insurance; Fiscal Policy & Resources; and Council for Smarter First reading by publication (Art. III, s. 7, Florida Constitution). Government.

Referred to the Committee on Local Government & Veterans Affairs; By Representative Mack— and Council for Smarter Government. HB 683—A bill to be entitled An act relating to firefighter pensions By Representative Meadows— and police pensions; amending ss. 175.061, 185.05, F.S.; prescribing guidelines for selecting trustees for closed plans of specified size; HB 671—A bill to be entitled An act relating to Escambia County; amending ss. 175.371, 185.38, F.S.; providing for termination of plans providing for the relief of Bronwen Dodd; authorizing and directing the after distribution of final benefit payments; providing an effective date. District School Board of Escambia County to compensate Bronwen Dodd for personal injuries that she suffered due to the negligence of an First reading by publication (Art. III, s. 7, Florida Constitution). employee of the Escambia County School Board; providing an effective Referred to the Committee on Local Government & Veterans Affairs; date. and Council for Smarter Government.

Proof of publication of the required notice was attached. By Representative Meadows—

First reading by publication (Art. III, s. 7, Florida Constitution). HB 685—A bill to be entitled An act relating to infant cribs; creating s. 501.144, F.S., the Florida Infant Crib Safety Act; providing Referred to the Committee on Claims; and Procedural & Redistricting definitions; prohibiting commercial users from manufacturing, Council. remanufacturing, retrofitting, selling, contracting to sell or resell, By Representative Weissman— leasing, or subletting specified cribs determined to be unsafe for use by infants; prohibiting transient public lodging establishments from HB 673—A bill to be entitled An act relating to students in offering or providing for use specified cribs determined to be unsafe for community college aviation programs; creating a low interest rate loan use by infants; providing criteria for determining safety of infant cribs; program; providing maximum loan amounts and the interest rate on providing exemptions; providing specified immunity from civil liability; loans; providing eligibility criteria; providing for loan repayment; providing penalties; providing that violation of the act constitutes an providing an effective date. unfair and deceptive trade practice; authorizing the Department of Agriculture and Consumer Services, the Department of Business and First reading by publication (Art. III, s. 7, Florida Constitution). Professional Regulation, and the Department of Children and Family Services to collaborate with public agencies and private-sector entities Referred to the Committees on Colleges & Universities; Education to prepare specified public education materials and programs; Appropriations; and Council for Lifelong Learning. authorizing the Department of Agriculture and Consumer Services to adopt rules and prescribe forms; amending s. 509.221, F.S.; prohibiting By Representative Romeo— the use of certain cribs in public lodging establishments; reenacting s. 509.032, F.S.; providing for regulation and rulemaking by the Division HB 675—A bill to be entitled An act relating to the charter county of Hotels and Restaurants of the Department of Business and transit surtax; amending s. 212.055, F.S.; removing a limitation on Professional Regulation; creating s. 402.3031, F.S.; prohibiting unsafe which charter counties may levy a charter county transit surtax; cribs in certain facilities; providing for enforcement and rulemaking providing an effective date. powers of the Department of Children and Family Services; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committees on Local Government & Veterans Affairs; First reading by publication (Art. III, s. 7, Florida Constitution). Fiscal Policy & Resources; and Fiscal Responsibility Council. Referred to the Committees on Business Regulation; Fiscal Policy & Resources; and Council for Smarter Government. HB 677—Withdrawn By the Committee on State Administration; Representative By Representative Brown— Brummer—

HB 679—A bill to be entitled An act relating to insurance; amending HB 687—A bill to be entitled An act relating to public records; s. 627.7295, F.S.; clarifying an exception; providing an additional amending s. 119.07, F.S.; providing an exemption from public records exception to a requirement that a minimum of 2 months’ premium be requirements for personal identifying information contained in records collected to issue a policy or binder for motor vehicle insurance; relating to an individual’s personal health or eligibility for paratransit amending s. 627.901, F.S.; authorizing insurance agents and insurers services under Title II of the Americans with Disabilities Act made or that finance premiums for certain policies to charge interest or a service received by local governmental entities or their service providers; charge at a specified rate on unpaid premiums on those policies; specifying conditions under which such information may be disclosed; providing an effective date. providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee on Insurance; and Council for Competitive Commerce. Referred to the Council for Smarter Government.

By Representative Davis— By Representative Sobel—

HB 681—A bill to be entitled An act relating to consolidated HB 689—A bill to be entitled An act relating to child custody; creating governments; amending s. 175.041, F.S.; specifying application to the “Vivian Trout Parental Kidnapping Prevention Act”; authorizing the 50 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 court to issue a protective custody warrant to secure the recovery of an By Representative Sobel— unlawfully detained child; providing for the court to order the appearance of parties; providing for serving a protective custody HB 695—A bill to be entitled An act relating to education; amending warrant; requiring payment of the expenses of a party directed to s. 236.687, F.S.; specifying the maximum class size for kindergarten appear before the court; providing definitions; authorizing the court to through grade three in public schools; providing priorities for school issue an emergency protective order under certain circumstances; districts in complying with the requirements for class size; specifying providing requirements for notice; prohibiting the detention or the maximum class size for grades four through 12 in public schools; concealment of a child from the lawful custodian or a person with a right requiring school districts to employ a licensed social worker and a to visitation; providing penalties; requiring that the court consider licensed psychologist for each elementary and secondary school; certain aggravating factors when sentencing a person for such violation; providing an appropriation; providing an effective date. specifying certain mitigating factors; providing for payment of restitution to the state attorney or victim; providing certain exceptions First reading by publication (Art. III, s. 7, Florida Constitution). to application of the act; specifying circumstances under which a law By Representative Mealor— enforcement officer may take a child into protective custody; providing for the court to issue orders with respect to conflicting custodial orders; HB 697—A bill to be entitled An act relating to the Florida providing for determining jurisdiction; providing for enforcement; Retirement System; amending s. 121.021, F.S.; redefining the terms providing for review of a court order; providing an effective date. “compensation” and “bonus” for purposes of the system; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committees on Judicial Oversight; Crime Prevention, First reading by publication (Art. III, s. 7, Florida Constitution). Corrections & Safety; Child & Family Security; and Council for Smarter Referred to the Committees on State Administration; Fiscal Policy & Government. Resources; and Fiscal Responsibility Council. By Representatives Kottkamp, Harrell, Murman, Melvin, Negron, By Representative Crow— Pickens, Paul, Betancourt, Green, and Needelman— HB 699—A bill to be entitled An act relating to public records HB 691—A bill to be entitled An act relating to cruelty to animals; exemptions; exempting certain health care records of the Department of amending s. 828.12, F.S.; providing additional acts which constitute Legal Affairs which relate to health care practitioners or pharmacists, cruelty to an animal; providing a penalty; providing that any person law enforcement officers, or the Department of Health; providing convicted of specified acts which constitute cruelty to an animal, where guidelines for the use of such information and penalties for violations; the court determines that the violation includes the knowing and intentional torture or torment of an animal, shall, in addition to any providing a finding of public necessity; providing an effective date. other sentence imposed, be ordered to complete an anger management First reading by publication (Art. III, s. 7, Florida Constitution). treatment program; providing a minimum mandatory fine and minimum mandatory period of incarceration; providing penalties for Referred to the Committees on State Administration; Health second or subsequent violations; reenacting ss. 550.2415(6)(d), Regulation; and Council for Smarter Government. 828.122(5) and (6)(a), 828.17, 828.24(3), 828.26(3), 828.29(14), 943.051(3)(b)11., 985.212(1)(b)11., and 921.0022(3)(c), F.S., to By Representative Crow— incorporate the amendment to s. 828.12, F.S., in references thereto; providing an effective date. HB 701—A bill to be entitled An act relating to controlled substances; providing for specified licensing boards to adopt rules governing the First reading by publication (Art. III, s. 7, Florida Constitution). prescribing of controlled substances; requiring certain health care providers to complete education courses relating to the prescription of By Representative Bucher— controlled substances; providing penalties and requiring a report; HB 693—A bill to be entitled An act relating to managed care providing for the emergency suspension of certain licenses for ombudsman committees; creating s. 641.64, F.S.; providing definitions; prescribing violations; requiring the Department of Health and the amending s. 641.65, F.S., relating to district managed care ombudsman Department of Law Enforcement to share certain information regarding committees; requiring the formation of a managed care ombudsman health care practitioners; requiring a report; requiring the Department committee in each district of the Agency for Health Care of Legal Affairs to establish an electronic system to monitor the Administration; modifying membership and manner of appointment of prescribing of certain controlled substances; establishing an advisory committee members; specifying that committee members serve in a council and providing for its membership, duties, staff, and voluntary capacity; specifying that committees are to assist in resolving compensation; amending s. 456.033, F.S.; eliminating certain complaints only at the request of an enrollee of a managed care program; requirements for HIV and AIDS education courses; amending s. eliminating authorization for committees to conduct site visits with the 456.072, F.S.; requiring a fine for certain violations involving excessive agency; authorizing committees to assist enrollees in appeals of prescribing of controlled substances; amending s. 458.345, F.S.; unresolved grievances to the Subscriber Assistance Panel; specifying requiring certain resident physicians, interns, and fellows to complete additional responsibilities for committees; requiring committee an educational course in prescribing controlled substances; amending s. members to be screened; requiring training for committee members; 461.013, F.S.; prohibiting the presigning of blank prescription forms and prohibiting specified conflicts of interest; amending s. 641.70, F.S.; providing penalties; amending s. 893.04, F.S.; providing additional requiring the Agency for Health Care Administration to adopt rules requirements for pharmacists regarding the identification of persons to relating to conflicts of interest for district managed care ombudsman whom controlled substances are dispensed; prohibiting certain committees; requiring the Agency for Health Care Administration to prescribing practitioners from possessing, administering, dispensing, or conduct a public awareness campaign, establish standardized training, prescribing controlled substances; creating s. 893.065, F.S.; establishing and assist in recruiting and retaining managed care ombudsmen; protocols requiring prescriptions for certain controlled substances to be amending s. 641.75, F.S., relating to immunity from liability and issued on special forms developed by the Department of Legal Affairs; limitation on testimony for managed care ombudsman committees; establishing requirements for the design, issuance, and control of such removing references to the statewide committee; conforming cross- forms; providing record-keeping requirements; providing other references; repealing s. 641.60, F.S., relating to the Statewide Managed requirements for the use of such forms; creating s. 893.0655, F.S.; Care Ombudsman Committee; providing an appropriation; providing an requiring certain practitioners to surrender such prescription forms; 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 Committees on Health Promotion; Health & Human Referred to the Committees on State Administration; Health Services Appropriations; and Council for Healthy Communities. Regulation; and Council for Smarter Government. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 51

By Representatives Green, Fasano, Rubio, Goodlette, Bilirakis, auditor; providing for creation of the charter officer position entitled Baxley, Harrell, and Murman— “equal opportunity director” to be appointed by the city commission; providing powers and duties of such officer; making the charter officers HB 703—A bill to be entitled An act relating to Medicaid home and responsible for implementing the equal opportunity and human community-based services; creating s. 409.221, F.S.; creating the relations ordinances and programs in their respective departments; “Florida Consumer-Directed Care Act”; providing legislative findings; providing for application to persons covered under collective bargaining providing legislative intent; establishing the consumer-directed care agreements; providing an effective date. program; providing for consumer selection of certain long-term care services and providers; providing for interagency agreements between Proof of publication of the required notice was attached. the Agency for Health Care Administration and the Departments of Elderly Affairs, Health, and Children and Family Services; providing for First reading by publication (Art. III, s. 7, Florida Constitution). program eligibility and enrollment; providing definitions; providing for consumer budget allowances and purchasing guidelines; specifying Referred to the Committee on Local Government & Veterans Affairs; authorized services; providing roles and responsibilities of consumers, and Council for Smarter Government. the agency and departments, and fiduciary intermediaries; providing By Representative Carassas— background screening requirements for persons who render care under the program; providing rulemaking authority of the agency and HB 713—A bill to be entitled An act relating to Pinellas Suncoast departments; requiring the agency to apply for federal waivers as Transit Authority; amending chapter 2000-424, Laws of Florida; necessary; requiring ongoing program reviews and annual reports; providing for the authority to sell or transfer any real property to providing an effective date. governmental entities and to sell or transfer surplus personal property First reading by publication (Art. III, s. 7, Florida Constitution). without competitive bid; providing for severability; providing an effective date. Referred to the Committees on Elder & Long-Term Care; Health & Human Services Appropriations; and Council for Healthy Communities. Proof of publication of the required notice was attached.

By the Committee on Security, Select; Representatives Gelber, Ball, First reading by publication (Art. III, s. 7, Florida Constitution). Green, Cusack, Cantens, Machek, and Hart— Referred to the Committee on Local Government & Veterans Affairs; HB 705—A bill to be entitled An act relating to county and municipal and Council for Smarter Government. employees and other employees with access to county and municipal By Representatives Bense and Haridopolos— facilities; creating s. 125.580, F.S.; authorizing state and federal criminal record checks for certain county employees, contractors, and HB 715—A bill to be entitled An act relating to transportation; appointees; creating s. 166.0442, F.S.; authorizing state and federal amending s. 163.3180, F.S.; providing that certain transportation criminal record checks for certain municipal employees, contractors, and facilities needed to serve new development shall be in place or under appointees; amending s. 112.011, F.S.; permitting denial of employment actual construction within a certain time period; amending s. 334.044, under certain circumstances by counties or municipalities for positions F.S.; revising language with respect to the powers and duties of the deemed to be critical to security or public safety; providing an effective Department of Transportation to include reference to scenic highways date. and to authorize the department to enter into certain permit delegation First reading by publication (Art. III, s. 7, Florida Constitution). agreements; amending s. 479.15, F.S.; providing a definition of the term “federal-aid primary highway system”; creating s. 479.25, F.S.; Referred to the Committee on Judicial Oversight; and Council for providing for the application of chapter 479, F.S., relating to outdoor Smarter Government. advertising; providing an effective date.

By Representatives Byrd, Bense, Goodlette, and Kottkamp— First reading by publication (Art. III, s. 7, Florida Constitution).

HB 707—A bill to be entitled An act relating to reporting By the Committee on Security, Select; Representatives Goodlette, requirements of committees of continuous existence; amending s. Gelber, Ball, Green, Cusack, Cantens, Bense, Hart, and Machek— 106.04, F.S.; requiring membership dues of committees of continuous existence to be reported in the same manner as regular contributions; HB 717—A bill to be entitled An act relating to sentencing; creating removing a requirement for committees of continuous existence to s. 775.31, F.S.; providing for the reclassification of offenses the provide their membership lists, upon request, to the Division of commission of which facilitated or furthered any act of terrorism; Elections of the Department of State for its inspection; providing defining “terrorism”; amending s. 782.04, F.S.; including any felony that penalties; providing an effective date. is an act of terrorism or is in furtherance of an act of terrorism as a First reading by publication (Art. III, s. 7, Florida Constitution). qualifying offense under felony murder provisions; creating the crime of felony murder involving any felony that is an act of terrorism or is in Referred to the Calendar of the House. furtherance of an act of terrorism; defining “terrorism”; providing an effective date. By Representatives Byrd, Bense, Goodlette, and Kottkamp— First reading by publication (Art. III, s. 7, Florida Constitution). HJR 709—A joint resolution proposing the amendment of Section 1 and the creation of Section 8 of Article VI of the State Constitution Referred to the Committee on Crime Prevention, Corrections & relating to political advertising. Safety; and Council for Healthy Communities.

First reading by publication (Art. III, s. 7, Florida Constitution). By the Committee on Security, Select; Representatives Goodlette, Gelber, Ball, Green, Cusack, Cantens, Bense, Hart, and Machek— Referred to the Committee on Rules, Ethics & Elections; and Procedural & Redistricting Council. HB 719—A bill to be entitled An act relating to poisoning; amending By Representatives Jennings and Kendrick— s. 859.01, F.S.; prohibiting the introduction of bacteria, viruses, or chemical compounds into food, drinks, medicines, or water systems HB 711—A bill to be entitled An act relating to the City of Gainesville; under certain circumstances; prohibiting the introduction of poisons, amending chapter 90-394, Laws of Florida; revising the charter of the bacteria, viruses, or chemical compounds into certain consumer City of Gainesville; providing for additional duties of the internal products under certain circumstances; providing penalties; amending s. 52 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

921.0022, F.S., to conform to changes made by the act; providing an submit recommendations concerning security to the Governor and the effective date. Legislature; creating s. 943.0312, F.S.; requiring the department to establish a regional domestic security task force in each of its First reading by publication (Art. III, s. 7, Florida Constitution). operational regions; providing for membership; providing goals and Referred to the Committee on Crime Prevention, Corrections & objectives; requiring the Chief of Domestic Security Initiatives to Safety; and Council for Healthy Communities. recommend funding and training requirements to the Governor and the Legislature; requiring the regional task forces to ensure appropriate By the Committee on Security, Select; Representatives Machek, investigation of and response to certain hate crimes; providing for per Gelber, Ball, Green, Cusack, and Cantens— diem and travel expenses; requiring the department to provide staff and administrative support for the task forces; creating s. 943.0321, F.S.; HB 721—A bill to be entitled An act relating to domestic security; creating the Florida Domestic Security and Counterterrorism providing an appropriation for the construction of a biocontaminant Intelligence Center within the department; creating the Florida laboratory and the upgrading of associated biosafety measures; Domestic Security and Counterterrorism Database within the providing an effective date. intelligence center; providing functions of the intelligence center with respect to gathering and analyzing active criminal intelligence First reading by publication (Art. III, s. 7, Florida Constitution). information and criminal investigative information; requiring the Referred to the Committee on General Government Appropriations; intelligence center to maintain and operate the database; providing and Council for Healthy Communities. requirements for the database; requiring the department to establish methods for transfer of data to it and provide information from the By the Committee on Security, Select; Representatives Goodlette, database to law enforcement agencies and prosecutors; providing that Gelber, Ball, Green, Cusack, Cantens, Bense, Hart, and Machek— information that is exempt from public disclosure and is released to another agency or prosecutor by the intelligence center retains such HB 723—A bill to be entitled An act relating to terrorism; creating s. exemption; providing that information that is exempt from public 775.30, F.S.; defining “terrorism” for purposes of the Florida Criminal disclosure and is obtained by the intelligence center retains such Code; amending s. 907.041, F.S.; providing for pretrial detention of exemption; providing an effective date. persons charged with an act of terrorism or aircraft piracy; 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 on Crime Prevention, Corrections & Safety; and Council for Healthy Communities. Referred to the Committee on Crime Prevention, Corrections & Safety; and Council for Healthy Communities. By the Committee on Security, Select; Representatives Gelber, Ball, Green, Cusack, Cantens, Bense, Hart, and Machek— By the Committee on Security, Select; Representatives Goodlette, Gelber, Ball, Green, Cantens, Hart, and Machek— HB 729—A bill to be entitled An act relating to public records; HB 725—A bill to be entitled An act relating to the interception of creating s. 395.1056, F.S.; providing an exemption from public records communications; amending s. 934.07, F.S.; adding aircraft piracy and requirements for those portions of a comprehensive emergency solicitation to commit certain offenses to the list of crimes for which management plan which address the response of a public or private interception of communications may be authorized; authorizing hospital to an act of terrorism and which are filed with the Agency for application for interception by the Department of Law Enforcement of Health Care Administration, a state or local law enforcement agency, a certain communications relevant to offenses that are acts of terrorism county emergency management agency, the Executive Office of the or in furtherance of acts of terrorism; amending s. 934.09, F.S.; allowing Governor, the Department of Health, or the Department of Community a judge, in investigations of acts of terrorism, to authorize the continued Affairs; providing an exemption from public records requirements for interception anywhere within the state of wire, oral, or electronic those portions of a comprehensive emergency management plan which communications under specified conditions; providing for the future address the response of a public hospital to an act of terrorism and expiration of provisions granting such authority; providing effective which are in the custody of that public hospital; providing an exemption dates. from public meeting requirements for any portion of a public meeting which would reveal information contained in a comprehensive First reading by publication (Art. III, s. 7, Florida Constitution). emergency management plan that addresses the response of a hospital to an act or terrorism; providing that certification by the Governor of a Referred to the Committee on Crime Prevention, Corrections & comprehensive emergency management plan that addresses the Safety; and Council for Healthy Communities. response of a hospital to an act of terrorism is a public record; providing By the Committee on Security, Select; Representatives Goodlette, for future review and repeal; providing a statement of public necessity; Gelber, Ball, Green, Cusack, Cantens, Bense, and Machek— providing a contingent effective date.

HB 727—A bill to be entitled An act relating to domestic security; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 252.311, F.S.; providing legislative findings with respect to Referred to the Committee on State Administration; and Council for counterterrorism efforts and initial responses to acts of terrorism within Smarter Government. or affecting this state; creating s. 775.30, F.S.; defining “terrorism” for use in the criminal code; amending s. 943.03, F.S.; specifying the duties By the Committee on Security, Select; Representatives Machek, of the Department of Law Enforcement with regard to counterterrorism Gelber, Ball, Green, Cusack, Cantens, and Hart— efforts, responses to acts of terrorism, and other domestic security matters related to terrorism; creating s. 943.0311, F.S.; requiring the HB 731—A bill to be entitled An act relating to public records; executive director of the department to serve as or designate a Chief of amending s. 119.07, F.S.; providing an exemption from public records Domestic Security Initiatives; specifying duties of the chief; requiring requirements for the name, address, and restricted-use license number the chief to conduct security assessments of buildings and facilities of any person engaged in the aerial application of pesticides, fertilizers, owned or leased by state agencies or local governments; requiring the or seed, the Federal Aviation Administration aircraft registration chief to recommend minimum security standards or needs for security number of any aircraft used for the aerial application of pesticides, enhancement to the Governor and the Legislature; requiring the chief fertilizers, or seed, and the name and address of any person or entity to develop recommended best practices for safety and security; that sells, leases, purchases, rents, or transfers any aircraft used for the authorizing security assessments of buildings or facilities owned by aerial application of pesticides, fertilizers, or seed, obtained by the private entities; requiring the executive director of the department to Department of Agriculture and Consumer Services pursuant to specified January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 53 provisions of Florida Statutes; providing a statement of public necessity; By the Committee on Security, Select; Representatives Gelber, Ball, providing for future review and repeal; providing a contingent effective Green, Cantens, Hart, and Machek— date. HB 741—A bill to be entitled An act relating to public records; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 119.07, F.S.; providing an exemption from public records requirements for a request by a law enforcement agency to inspect or Referred to the Committee on State Administration; and Council for copy a public record held by another agency, the custodial agency’s Smarter Government. response to such request, and any information that would identify the requested public record, during the period in which the information By the Committee on Security, Select; Representatives Gelber, Ball, contained in the public record constitutes active criminal intelligence Green, Cusack, Cantens, Hart, and Machek— information or active criminal investigative information; providing for HB 733—A bill to be entitled An act relating to public records; future review and repeal; providing a statement of public necessity; providing that information concerning the amount or type of providing an effective date. pharmaceutical materials or the location of pharmaceutical depositories First reading by publication (Art. III, s. 7, Florida Constitution). maintained or directed by a state agency as a response to an act of terrorism is exempt from public records requirements; providing for Referred to the Committee on State Administration; and Council for future review and repeal; providing a statement of public necessity; Smarter Government. providing a contingent effective date. By Representative Kilmer— First reading by publication (Art. III, s. 7, Florida Constitution). HB 743—A bill to be entitled An act relating to rural economic Referred to the Committee on State Administration; and Council for development; amending s. 212.08, F.S.; expanding an exemption from Smarter Government. the tax on sales, use, and other transactions for certain business equipment in enterprise zones; amending s. 288.0655, F.S.; providing for By the Committee on Security, Select; Representatives Gelber, Ball, additional uses of moneys in the Rural Infrastructure Fund; amending Green, Cantens, Bense, Hart, and Machek— s. 288.095, F.S.; establishing the Rural Economic Development Account within the Economic Development Trust Fund for certain purposes; HB 735—A bill to be entitled An act relating to public records and specifying nonreversion of moneys in the account; providing an effective meetings; creating s. 119.071, F.S.; providing an exemption from public date. records requirements for a security system plan or portion thereof for any property owned by or leased to the state or any of its political First reading by publication (Art. III, s. 7, Florida Constitution). subdivisions, or any privately owned or leased property, that is in the possession of a state agency; providing an exemption from public Referred to the Committees on Economic Development & meeting requirements for those portions of any meeting which would International Trade; Fiscal Policy & Resources; and Council for reveal a security system plan or portion thereof made confidential and Competitive Commerce. exempt under the act; providing for future review and repeal; providing HB 745—Withdrawn a statement of public necessity; providing an effective date. By Representative Atwater— First reading by publication (Art. III, s. 7, Florida Constitution). HB 747—A bill to be entitled An act relating to student financial Referred to the Committee on State Administration; and Council for assistance; amending ss. 240.409, 240.4095, and 240.4097, F.S., relating Smarter Government. to the Florida Public Student Assistance Grant Program, the Florida Private Student Assistance Grant Program, and the Florida By the Committee on Security, Select; Representatives Gelber, Ball, Postsecondary Student Assistance Grant Program, respectively; Green, Cusack, Cantens, Hart, and Machek— authorizing grants to part-time degree-seeking students; revising HB 737—A bill to be entitled An act relating to public records; provisions relating to the maximum amount of the grants; providing an amending s. 119.07, F.S.; providing that cellular telephone numbers of effective date. law enforcement officers and former law enforcement officers used in the First reading by publication (Art. III, s. 7, Florida Constitution). course of their employment and the billing records of such telephone numbers are exempt from public records requirements; providing for Referred to the Committees on Colleges & Universities; Education future review and repeal; providing a statement of public necessity; Appropriations; and Council for Lifelong Learning. providing an effective date. By Representative Dockery— First reading by publication (Art. III, s. 7, Florida Constitution). HB 749—A bill to be entitled An act relating to state lands; amending Referred to the Committee on State Administration; and Council for s. 253.002, F.S.; providing for duties and functions of the Department of Smarter Government. Environmental Protection relating to state-owned lands; providing reference to land exchanges; providing for certain duties of the By the Committee on Security, Select; Representatives Gelber, Ball, Department of Agriculture and Consumer Services; amending s. 253.01, Green, Cusack, Cantens, Hart, and Machek— F.S.; revising the use of funds deposited into the Internal Improvement Trust Fund; deleting obsolete language; amending s. 253.02, F.S.; HB 739—A bill to be entitled An act relating to public records; revising certain powers and duties of the Board of Trustees of the amending s. 119.07, F.S.; providing that electronic paging device Internal Improvement Trust Fund to include reference to land numbers of law enforcement officers and former law enforcement exchanges; effective January 7, 2003, revising the membership of the officers used in the course of their employment and the billing records Board of Trustees of the Internal Improvement Trust Fund to conform of such electronic paging device numbers are exempt from public records to the requirements of the State Constitution; amending s. 253.03, F.S.; requirements; providing for future review and repeal; providing a revising conditions under which the Board of Trustees of the Internal statement of public necessity; providing an effective date. Improvement Trust Fund is vested and charged with certain First reading by publication (Art. III, s. 7, Florida Constitution). responsibilities for current and future state-owned lands; prohibiting certain restriction on land exchanges; amending s. 253.034, F.S.; Referred to the Committee on State Administration; and Council for providing definitions; effective January 7, 2003, conforming conditions Smarter Government. under which the Board of Trustees of the Internal Improvement Trust 54 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

Fund may dispose of surplus lands to the provisions of the State assessment of certain children for placement in licensed residential Constitution; amending s. 253.42, F.S.; revising requirements for the group care; providing for reports; providing for a residential group care exchange of lands owned by or vested in the Board of Trustees of the appropriations category in the General Appropriations Act; specifying Internal Improvement Trust Fund; providing for the lease of the that the release of certain funds is contingent on the approval of a management of certain exchanged lands; providing effective dates. spending plan; prescribing elements of the plan; authorizing one-time startup funding; amending s. 409.1671, F.S.; specifying timeframes for First reading by publication (Art. III, s. 7, Florida Constitution). initiating and for completing privatization of foster care and related Referred to the Committee on Natural Resources & Environmental services; providing for the establishment of a model comprehensive Protection; Fiscal Responsibility Council; and Council for Ready residential services program in specified counties; requiring Infrastructure. community-based providers and subcontractors to obtain automobile insurance coverage; providing certain immunity from liability when By Representative Murman— transporting clients in privately owned automobiles; directing the Department of Children and Family Services to adopt written policies HB 751—A bill to be entitled An act relating to community mental and procedures for contract monitoring of community-based providers; health services; requiring that the Department of Children and Family modifying the requirement for community-based providers to furnish Services use certain funds to expand the provision of community mental information to the department; modifying the conditions under which a health services; requiring the department to submit an implementation provider may close a case; eliminating the authority for a risk pool; plan for the use of funds in each fiscal year to the Governor, the requiring the development of a proposal for a shared-earnings program; President of the Senate, and the Speaker of the House of providing direction for the development of the proposal; providing for Representatives; prohibiting the release of funds for new community submission of the proposal to the Legislative Budget Commission and mental health services until the implementation plan is approved by the for submission to the Legislature under certain conditions; expanding appropriations committees of the Legislature; requiring that the the program relating to excess federal earnings and certain additional implementation plan include a schedule for phasing in new community state funds to additional entities; eliminating a specified expiration for mental health services; requiring the department to submit reports this program; eliminating an obsolete review requirement; amending s. concerning its progress toward expanding community mental health 409.1676, F.S.; removing a reference to specific districts and regions of services; requiring that certain crisis services and mental health the department; amending s. 409.906, F.S.; expanding the authority for services be provided by the state’s community mental health system by the establishment of child welfare targeted case management projects; specified dates; providing an effective date. eliminating reference to a pilot project; eliminating the requirement to First reading by publication (Art. III, s. 7, Florida Constitution). report to the Child Welfare Estimating Conference regarding targeted case management; directing the department, in consultation with the Referred to the Committees on Child & Family Security; Health & Agency for Health Care Administration, to conduct a review of the Human Services Appropriations; and Council for Healthy Communities. process for placing children for residential mental health treatment; providing for a report to the Governor and Legislature; providing an By Representatives Murman, Fiorentino, and Carassas— effective date.

HB 753—A bill to be entitled An act relating to coordination between First reading by publication (Art. III, s. 7, Florida Constitution). district school boards and local governments; amending s. 163.3177, F.S.; requiring local governments and district school boards to enter into Referred to the Committees on Child & Family Security; Health & certain interlocal agreements; creating s. 163.31776, F.S.; requiring Human Services Appropriations; and Council for Healthy Communities. local governments and district school boards to enter into certain interlocal agreements for certain purposes; providing requirements, By Representative Russell— procedures, and criteria; requiring the state land planning agency to provide certain model agreements; specifying contents of such HB 757—A bill to be entitled An act relating to transportation; agreements; requiring submittal of such agreements for review by the amending s. 20.23, F.S.; revising provisions relating to the organization the state land planning agency, the Office of Educational Facilities, and of the Department of Transportation; deleting certain responsibilities of the SMART Schools Clearinghouse; providing for review procedures; the secretary; requiring the secretary to submit a report on major requiring publication of certain notice; providing for administrative actions at each meeting of the Florida Transportation Commission; actions under certain circumstances; providing for consequences for revising provisions relating to assistant secretaries; reducing the failure to enter into such agreements or timely submit such agreements number of assistant secretaries; creating the Office of Comptroller; for review; providing exceptions; amending s. 235.19, F.S.; revising deleting provisions relating to the inspector general and comptroller; certain site planning and selection criteria; amending s. 235.193, F.S.; amending s. 110.205, F.S.; correcting cross references, to conform; requiring local governments and district school boards to enter into amending s. 189.441, F.S., relating to contracts with an authority under certain interlocal agreements for certain purposes; specifying contents the Community Improvement Authority Act; removing an exemption of such agreements; requiring submittal of such agreements for review from s. 287.055, F.S., related to procurement of specified services; by the state land planning agency, the Office of Educational Facilities, amending s. 215.615, F.S., relating to funding of fixed-guideway and the SMART Schools Clearinghouse; providing for review transportation systems; deleting obsolete language; amending s. 255.20, procedures; requiring publication of certain notice; providing for F.S.; exempting certain transportation projects from certain competitive administrative actions under certain circumstances; providing for bidding requirements; amending s. 287.055, F.S.; increasing the amount consequences for failure to enter into such agreements or timely submit defining a continuing contract; amending s. 334.044, F.S.; authorizing such agreements for review; providing exceptions; providing an effective the department to expend money on items that promote scenic highway date. projects; authorizing the department to delegate its drainage permitting responsibilities to other governmental entities under certain First reading by publication (Art. III, s. 7, Florida Constitution). circumstances; amending s. 336.41, F.S.; providing for counties to certify or qualify persons to perform work under certain contracts; clarifying Referred to the Committee on Local Government & Veterans Affairs; that a contractor already qualified by the department is presumed Councils For Lifelong Learning; and Smarter Government. qualified to perform work described under contract on county road By Representative Murman— projects; amending s. 336.44, F.S.; providing that certain contracts shall be let to the lowest responsible bidder; amending s. 337.14, F.S.; revising HB 755—A bill to be entitled An act relating to residential group care; provisions for qualifying persons to bid on certain construction repealing s. 39.521(5), F.S., relating to the mandatory assessment of contracts; providing for expressway authorities to certify or qualify specified children for placement in licensed residential group care; persons to perform work under certain contracts; clarifying that a creating s. 39.523, F.S.; prescribing procedures for the mandatory contractor qualified by the department is presumed qualified to perform January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 55 work described under contract on projects for expressway authorities; certified under the act; authorizing the department to issue corrective amending s. 337.401, F.S.; providing that for certain projects under the orders for violations of the act; providing a penalty; providing an department’s jurisdiction, a utility relocation schedule and relocation effective date. agreement may be executed in lieu of a written permit; amending s. 337.408, F.S.; revising language with respect to the regulation of First reading by publication (Art. III, s. 7, Florida Constitution). benches, transit shelters, and waste disposal receptacles within rights- Referred to the Committees on Business Regulation; Fiscal Policy & of-way; providing for regulation of street light poles; amending s. 339.08, Resources; and Council for Smarter Government. F.S.; revising language with respect to the use of moneys in the State Transportation Trust Fund; amending s. 339.12, F.S.; revising language HB 763—Withdrawn relating to compensation to local governments that perform projects for By Representatives Byrd, Goodlette, and Kottkamp— the department; amending s. 341.031, F.S.; correcting cross references; amending s. 341.051, F.S., relating to financing of public transit capital HJR 765—A joint resolution proposing an amendment to Section 7 of projects, and s. 341.053, F.S., relating to projects eligible for funding Article III of the State Constitution, relating to the passage of bills by under the Intermodal Development Program; deleting obsolete the Legislature, to require a specified review period for proposed language; amending s. 348.0003, F.S.; authorizing a county governing legislation prior to final passage. body to set qualifications, terms of office, and obligations and rights for the members of expressway authorities within their jurisdictions; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 373.4137, F.S.; providing for certain expressway, bridge, or Referred to the Committee on Rules, Ethics & Elections; and transportation authorities to create environmental impact inventories Procedural & Redistricting Council. and participate in a mitigation program to offset adverse impacts caused by their transportation projects; amending s. 496.425, F.S.; redefining By Representative Bendross-Mindingall— the term “facility”; creating s. 496.4256, F.S.; providing that a governmental entity or authority that owns or operates certain facilities HB 767—A bill to be entitled An act relating to health care union on the State Highway System is not required to issue a permit or grant organizing activities; prohibiting inclusion of certain activities in access to any person for the purpose of soliciting funds; amending s. determinations of nursing home staffing standards; prohibiting inclusion of certain salaries or expenses as allowable Medicaid costs; 768.28, F.S.; providing that certain operators of rail services and providing a limited exclusion from application; providing an effective providers of security for rail services are agents of the state for certain date. purposes; providing for indemnification; 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 Alexander— Referred to the Committees on Transportation; Transportation & Economic Development Appropriations; and Council for Ready HB 769—A bill to be entitled An act relating to public records; Infrastructure. amending s. 229.57, F.S.; providing an exemption from public records requirements for information in the possession of the Department of By Representatives Brummer, Gardiner, Kallinger, Siplin, Simmons, Education in connection with annual student assessments which Johnson, Mealor, and Allen— identifies teachers or other instructional personnel or discloses the effects of instruction by such persons; providing for future review and HB 759—A bill to be entitled An act relating to the City of Orlando, repeal; providing a finding of public necessity; providing an effective Orange County; amending chapter 22414 (1943), Laws of Florida, date. relating to the pension fund of the Orlando Police Department; eliminating the earned income offset; providing for changes necessary to First reading by publication (Art. III, s. 7, Florida Constitution). obtain tax qualification and compliance with state statutory minimums; providing an effective date. By Representatives Jordan and Bense—

Proof of publication of the required notice was attached. HB 771—A bill to be entitled An act relating to veterans; amending ss. 296.04 and 296.34, F.S.; revising provisions relating to the state First reading by publication (Art. III, s. 7, Florida Constitution). appointment and duties of the veterans’ homes’ administrators; defining duties of the administrators; eliminating a residency requirement; Referred to the Committee on Local Government & Veterans Affairs; amending s. 296.11, F.S.; eliminating a requirement that certain and Council for Smarter Government. interest be deposited into the Grants and Donations Trust Fund; amending s. 296.12, F.S.; requiring an accounting of certain funds in the By Representative Wilson— Residents’ Deposits Trust Fund and eliminating a requirement that HB 761—A bill to be entitled An act relating to lead poisoning interest accrued in the fund be deposited into the Grants and Donations prevention; creating the “Florida Lead Poisoning Prevention Act of Trust Fund; amending s. 296.32, F.S.; authorizing more than one 2002”; providing legislative findings; providing definitions; establishing veterans’ nursing home; amending s. 296.33, F.S.; revising definitions; the Lead-Based Paint Hazard Reduction Program within the amending s. 296.38, F.S.; requiring the accounting of certain funds; Department of Business and Professional Regulation; providing for the eliminating a requirement that interest accrued be deposited in the adoption of rules for the licensing or certification of persons performing Grants and Donations Trust Fund; providing an effective date. lead hazard detection and lead hazard reduction services; providing rule First reading by publication (Art. III, s. 7, Florida Constitution). criteria; requiring the establishment of fees for the approval of training programs; requiring the department to establish training and licensure Referred to the Committees on Local Government & Veterans Affairs; requirements; requiring the department to establish specified fees; Fiscal Policy & Resources; and Council for Smarter Government. prohibiting the performance of, or training of persons to perform, any lead-based paint activities regulated under the act without appropriate By Representative Mahon— licensure or certification; providing exceptions; requiring the HB 773—A bill to be entitled An act relating to public records; department to adopt rules establishing standards of professional providing an exemption from public records requirements for conduct for the performance of lead hazard detection and lead hazard information contained in the paternity registry maintained by the reduction activities and grounds for reprimand of a licensee, suspension Department of Children and Family Services; providing for future or revocation of a license, and denial of issuance or renewal of a license; legislative review and repeal; providing findings of public necessity; authorizing the department to promulgate rules for the implementation providing a contingent effective date. and enforcement of the act; providing a civil penalty; requiring the department to provide current federal regulations to persons licensed or First reading by publication (Art. III, s. 7, Florida Constitution). 56 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

By Representative Mahon— tax refunds; revising conditions and procedures governing applications for tax refunds; revising provisions relating to the order authorizing a HB 775—A bill to be entitled An act relating to adoption; amending tax refund; authorizing the office to grant extensions to certain ss. 63.062, 63.085, 63.089, 63.142, and 63.182, F.S.; reducing the time application and notification deadlines; revising conditions under which period within which an action must be filed to nullify an adoption or a a prorated tax refund will be approved; providing for calculation of such termination of parental rights on grounds of fraud or providing false prorated refund; specifying that the section does not create a information; providing a time limitation for the use of scientific testing presumption a claim will be approved and paid; revising the agencies to show a probability of paternity; requiring notice to and written with which the office may verify information and to which the office may consent from a registrant in the paternity registry for a termination of provide information; expanding purposes for which the office may seek parental rights pending adoption; amending s. 63.088, F.S.; providing assistance from certain entities; amending s. 288.106, F.S., relating to court inquiry and diligent search requirements regarding a registrant in the tax refund program for qualified target industry businesses; revising the paternity registry to terminate parental rights pending adoption; requirements for application for certification as such business with amending s. 63.165, F.S.; requiring the Department of Children and respect to the number of current and new jobs at the business and Family Services to maintain a paternity registry within the state projections by the Office of Tourism, Trade, and Economic Development registry of adoption information; providing duties of registrants and the of refunds based thereon; revising requirements relating to the tax department; providing a penalty; providing use and admissibility of refund agreement with respect to job creation and the time for filing of registry information; providing for a fee; providing rulemaking claims for refund; providing for an exemption from mandatory loss of tax authority; providing applicability of the act; creating s. 409.406, F.S.; refund eligibility and decertification resulting from agreement breach in enacting the Interstate Compact on Adoption and Medical Assistance; cases of uncontrollable economic factors; revising provisions relating to providing authority for the Department of Children and Family Services annual claims for refund; authorizing an extension of time for signing to enter into interstate agreements with other participating states for the tax refund agreement; providing an application deadline; revising medical and other necessary services for special needs children; provisions relating to the order authorizing a tax refund; revising establishing procedures for interstate delivery of adoption assistance conditions under which a prorated tax refund will be approved; and related services and benefits; providing for the adoption of providing for calculation of such prorated tax refund; specifying that the administrative rules; creating s. 409.407, F.S.; prohibiting expansion of section does not create a presumption that a claim will be approved and Florida’s financial commitment; providing effective dates. paid; revising the agencies with which the office may verify information First reading by publication (Art. III, s. 7, Florida Constitution). and to which the office may provide information; expanding purposes for which the office may seek assistance from certain entities; specifying Referred to the Committees on Child & Family Security; Judicial that certain appropriations may not be used for any purpose other than Oversight; and Council for Healthy Communities. the payment of specified tax refunds; amending ss. 14.2015 and 213.053, F.S.; conforming terminology; providing an effective date. By Representative Kilmer— First reading by publication (Art. III, s. 7, Florida Constitution). HB 777—A bill to be entitled An act relating to public records; creating s. 288.1067, F.S.; creating a public records exemption for Referred to the Committees on Economic Development & specified business information received under the tax refund programs International Trade; Fiscal Policy & Resources; and Council for for qualified defense contractors, qualified aviation-industry businesses, Competitive Commerce. and qualified target industry businesses; prescribing the time period for confidentiality; specifying that the exemption does not preclude By Representatives Green, Waters, and Goodlette— publication of aggregate data or release of names of qualifying businesses and refund amounts; providing for future repeal and HB 781—A bill to be entitled An act relating to continuing care legislative review; amending ss. 443.171 and 443.1715, F.S., to conform; retirement communities; amending s. 651.015, F.S.; authorizing the providing a statement of public necessity; providing an effective date. Department of Insurance to accept certain documents and information relating to continuing care contracts electronically or by facsimile; First reading by publication (Art. III, s. 7, Florida Constitution). authorizing the department to adopt rules; amending s. 651.035, F.S.; revising minimum liquid reserve requirements for continuing care Referred to the Committee on State Administration; and Council for providers; amending s. 651.118, F.S.; authorizing certain sharing of Competitive Commerce. facilities and services between sheltered beds used for extended By Representative Kilmer— congregate care and nursing home beds in a continuing care facility; providing an effective date. HB 779—A bill to be entitled An act relating to economic stimulus; amending s. 220.191, F.S.; establishing for a temporary period eligibility First reading by publication (Art. III, s. 7, Florida Constitution). conditions for a new type of qualifying project under the capital Referred to the Committees on Elder & Long-Term Care; Insurance; investment tax credit program; providing deadlines for certification of and Council for Healthy Communities. businesses and commencement of project construction under such program; revising requirements relating to minimum capital By Representative Smith— investment; prescribing tax credit limitations; amending s. 288.095, F.S.; revising terminology relating to certain incentive payment HB 783—A bill to be entitled An act relating to assessment of schedules; revising the due date and content for an annual report on damages after dissolution of an injunction; amending s. 60.07, F.S.; incentives and reassigning responsibility for such report to Enterprise providing that in the absence of an injunction bond, any damages Florida, Inc.; amending s. 288.1045, F.S.; expanding the tax refund recovered on dissolution of the injunction shall be subject to the waiver program for qualified defense contractors to include qualified of sovereign immunity limits as described in s. 768.28, F.S.; providing aviation–industry businesses; revising definitions; defining an effective date. “aviation–industry business”; revising and conforming procedures for applying for certification under the tax refund program; prescribing First reading by publication (Art. III, s. 7, Florida Constitution). information required in applications by aviation–industry businesses; Referred to the Committee on Judicial Oversight; and Council for prescribing criteria to be used by the Office of Tourism, Trade, and Smarter Government. Economic Development in reviewing applications by aviation–industry businesses; revising the required elements of a tax refund agreement; By Representative Wiles— providing an exemption from mandatory loss of tax refund eligibility and decertification resulting from agreement breach in cases of HB 785—A bill to be entitled An act relating to St. Johns County; uncontrollable economic factors; prescribing a deadline for applying for repealing chapters 61-2743, 69-1536, and 73-612, Laws of Florida, January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 57 relating to the library and staff in the circuit court in St. Augustine; funding; requiring the Department of Community Affairs to adopt rules; providing an effective date. providing for development of a micro-loan program for nature-based tourism and heritage tourism businesses; providing for wireless Proof of publication of the required notice was attached. community-based network technology pilot programs to be established by the State Technology Office; providing for pilot projects to be First reading by publication (Art. III, s. 7, Florida Constitution). developed by the Department of Agriculture and Consumer Services to Referred to the Committee on Local Government & Veterans Affairs. encourage diversification of agricultural products and marketing; providing for review and evaluation by the Office of Program Policy By Representative Rubio— Analysis and Government Accountability; amending s. 163.3187, F.S.; providing conditions for adoption of local comprehensive plan HB 787—A bill to be entitled An act relating to limited liability amendments for Rural Heritage Areas or Rural Activity Centers; companies; amending s. 608.401, F.S.; conforming a cross-reference to amending s. 187.201, F.S.; modifying goals of the State Comprehensive changes made by the act; amending s. 608.402, F.S.; revising definitions; Plan to include housing for specified persons in rural areas and amending s. 608.404, F.S.; authorizing a limited liability company to development of nature-based tourism; providing a policy of fostering select managing members; amending s. 608.407, F.S.; revising integrated and coordinated community-based planning efforts; requirements of the articles of organization for a company managed by providing support for rural communities in developing nature-based one or more managers; amending s. 608.408, F.S.; providing tourism and heritage tourism enterprises; providing support for requirements for executing articles of organization; amending s. landowners who wish their lands to remain in agricultural use; 608.4081, F.S.; providing for filing a document with the Department of amending s. 290.0055, F.S.; providing a condition for designating State; amending s. 608.409, F.S.; prohibiting the transaction of business communities within the jurisdiction of a rural local government as an or incurrence of debt until the effective date of the company’s existence; enterprise zone; amending s. 420.507, F.S.; modifying powers of the amending s. 608.4101, F.S.; providing additional requirements with Florida Housing Finance Corporation; amending ss. 420.5087 and respect to recordkeeping; amending s. 608.411, F.S.; providing for 420.5088, F.S.; correcting cross references; providing that specified amendments to or restatements of articles of organization; amending s. provisions are subject to appropriation or the availability of agency 608.422, F.S.; providing requirements for a member-managed company; funds; providing an effective date. providing for appointing a proxy; amending s. 608.4225, F.S.; providing standards for managers and managing members; amending s. 608.4226, First reading by publication (Art. III, s. 7, Florida Constitution). F.S.; providing for validity of contracts and other transactions notwithstanding certain conflicts of interest; amending s. 608.4227, Referred to the Committees on Agriculture & Consumer Affairs; F.S.; providing for liability of managing members; amending s. General Government Appropriations; and Council for Competitive 608.4228, F.S.; limiting the liability of managers and managing Commerce. members; amending s. 608.4229, F.S.; providing for indemnification of By Representative Baker— members of a limited liability company; amending s. 608.423, F.S.; providing requirements for operating agreements by members of a HB 791—A bill to be entitled An act relating to unincorporated limited liability company; amending s. 608.4231, F.S.; providing for business enterprises; amending s. 622.02, F.S.; revising definitions; voting by managing members; authorizing a vote by proxy; amending s. amending s. 622.03, F.S.; requiring registration of certain enterprises or 608.4235, F.S.; authorizing a managing member to act as an agent of the associations; specifying registration requirements; amending s. 622.04, limited liability company; amending s. 608.4238, F.S.; providing liability F.S.; revising service of process requirements for certain associations or for unauthorized actions; amending s. 608.425, F.S.; providing for enterprises; amending s. 622.05, F.S.; prescribing certain filing fees; validity of certain instruments and documents; amending s. 608.428, deleting certain annual report requirements; providing an effective date F.S.; prohibiting certain distributions from a limited liability company; amending s. 608.432, F.S.; providing for assignment of a member’s First reading by publication (Art. III, s. 7, Florida Constitution). interest in a limited liability company; amending s. 608.438, F.S.; requiring that a plan of merger specify the managing members; Referred to the Committee on Judicial Oversight; and Council for amending s. 608.441, F.S.; providing for dissolution of a limited liability Smarter Government. company; amending s. 608.444, F.S.; providing for distribution of assets By Representative Baker— upon dissolution; amending ss. 608.445, 608.446, F.S.; providing requirements for articles of dissolution and for filing the articles; HB 793—A bill to be entitled An act relating to reports of child abuse; amending s. 608.449, F.S.; providing grounds for judicial dissolution; amending s. 39.201, F.S.; providing for mandatory reporting of child amending s. 608.463, F.S.; providing for service of process; amending s. abuse, abandonment, or neglect regardless of the suspected perpetrator; 608.504, F.S.; providing for an amended certificate of authority; providing an effective date. amending s. 608.507, F.S.; revising requirements for the registered office of a domestic company; creating s. 608.704, F.S.; specifying the First reading by publication (Art. III, s. 7, Florida Constitution). Legislature’s power to amend or repeal ch. 608, F.S.; creating s. 608.705, Referred to the Committees on Judicial Oversight; Child & Family F.S.; providing for the effect of the repeal of a prior act; providing an Security; and Council for Smarter Government. effective date. By Representative Seiler— First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee on Judicial Oversight; and Council for HB 795—A bill to be entitled An act relating to wrongful death; Smarter Government. amending s. 768.21, F.S.; specifying conditions for the determination of whether there is a surviving spouse under certain circumstances; By Representative Romeo— providing an effective date.

HB 789—A bill to be entitled An act relating to rural development; First reading by publication (Art. III, s. 7, Florida Constitution). creating the Florida Rural Heritage Act; providing legislative findings; Referred to the Committee on Judicial Oversight; and Council for providing definitions; providing for the designation of a Rural Heritage Smarter Government. Area; providing for a community-based planning process; specifying guidelines for Rural Heritage Area plans; providing procedure for By Representative Allen— adoption of a plan; providing for economic incentives, reports, and technical assistance; creating the Rural Heritage Grant Program, to be HB 797—A bill to be entitled An act relating to the Correctional administered by the Department of Community Affairs, to assist local Privatization Commission; abolishing the Correctional Privatization governments in adopting Rural Heritage Areas; providing for priority of Commission; transferring the powers, duties, personnel, property, and 58 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 unexpended balances of funds of the Correctional Privatization providing construction with respect to scientific research; providing for Commission to the Department of Corrections; repealing ch. 957, F.S., enforcement of the act; providing civil remedies; providing limitations the Correctional Privatization Commission Act; amending ss. 394.9151, on commencement of actions; amending ss. 95.11 and 775.15, F.S.; 395.002, 408.036, 784.078, 943.053, 943.13, 943.133, 944.02, 944.023, providing periods of limitations on actions and prosecutions for 944.115, 944.17, 944.72, 944.8041, 945.215, 946.5025, 946.503, F.S.; violations of the act; providing an effective date. conforming provisions to changes made by the act; repealing s. 944.7031, First reading by publication (Art. III, s. 7, Florida Constitution). F.S., relating to assistance for inmates released from private correctional facilities; providing an effective date. Referred to the Committees on Health Regulation; Crime Prevention, Corrections & Safety; and Council for Healthy Communities. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Fasano— By Representative Barreiro— HB 807—A bill to be entitled An act relating to the Florida HB 799—A bill to be entitled An act relating to postsecondary Retirement System; amending ss. 121.052, 121.055, and 121.071, F.S.; education; creating the “Ramiro ‘Toti’ Mendez Act”; requiring making the date for payment of retirement contributions consistent community colleges and universities to provide complete physical under the Florida Retirement System defined benefit and defined assessments to all students who participate in organized athletics; contribution programs; amending s. 121.4501, F.S., relating to the providing requirements for such assessments; providing an effective Public Employee Optional Retirement Program; updating definitions; date. establishing dates on which present value calculations are based; conforming election provisions for local government employees to First reading by publication (Art. III, s. 7, Florida Constitution). provisions applicable to other employees; transferring certain provisions relating to payment of benefits to s. 121.591, F.S., as created in the act; Referred to the Committees on Colleges & Universities; Health amending s. 121.571, F.S., relating to employer contributions to the Regulation; Education Appropriations; and Council for Lifelong Public Employee Optional Retirement Program; adjusting rates; Learning. making the date for payment of retirement contributions consistent under the Florida Retirement System defined benefit and defined By Representative Barreiro— contribution programs; creating s. 121.591, F.S., relating to benefits HB 801—A bill to be entitled An act relating to plea agreements; payable under the Public Employee Optional Retirement Program; providing for payment of the normal benefit upon termination; prohibiting plea agreements from binding law enforcement personnel providing for disability retirement benefits; providing for transfer of under certain circumstances; providing an effective date. certain funds; specifying eligibility requirements; providing procedure First reading by publication (Art. III, s. 7, Florida Constitution). and required documentation; providing for computation of the disability benefit; providing for reapplication; providing for membership; Referred to the Committees on Judicial Oversight; Crime Prevention, providing an option to cancel; providing for reexamination and other Corrections & Safety; Criminal Justice Appropriations; and Council for matters relating to recovery from disability; providing nonadmissible Smarter Government. causes of disability; providing for disability retirement of justices or judges; providing for payment of death benefits; providing for spousal By Representative Crow— notification in certain cases; updating death benefit distribution provisions to conform to recent changes in federal law; providing HB 803—A bill to be entitled An act relating to criminal offenses protection of benefits from assignment, execution, etc.; providing a involving health care practitioners or controlled substances; creating s. declaration of important state interest; providing an effective date. 456.075, F.S.; authorizing a representative of the Department of Health to appear in a criminal proceeding against a health care professional to First reading by publication (Art. III, s. 7, Florida Constitution). furnish information, make recommendations, or provide other Referred to the Committees on State Administration; Fiscal Policy & assistance; providing that the court may order the representative to Resources; and Fiscal Responsibility Council. appear in a criminal proceeding that relates to the qualifications, functions, or duties of a health care professional; amending s. 893.13, By the Committee on Security, Select; Representatives Goodlette, F.S.; increasing the penalty imposed for withholding information from Gelber, Ball, Green, Cusack, Cantens, and Machek— a practitioner concerning a controlled substance; prohibiting a practitioner from prescribing a controlled substance that is excessive or HB 809—A bill to be entitled An act relating to the Department of inappropriate, knowingly assisting a person in obtaining a controlled Agriculture and Consumer Services; amending s. 487.051, F.S.; substance through fraud or scheme, knowingly prescribing a controlled authorizing the department to adopt rules establishing requirements substance for a fictitious person, or prescribing a controlled substance governing aircraft used for the aerial application of pesticides and for purposes of monetary benefit; providing penalties; amending s. requirements governing the storage and distribution of pesticides; 921.0022, F.S., relating to the offense severity ranking chart of the amending s. 570.07, F.S.; conforming provisions; amending s. 576.181, F.S.; authorizing the department to adopt rules establishing Criminal Punishment Code; conforming provisions to changes made by requirements governing aircraft used for the aerial application of the act; amending s. 921.187, F.S.; correcting cross references; providing fertilizers and requirements governing the storage and distribution of an effective date. fertilizers; amending s. 578.11, F.S.; authorizing the department to First reading by publication (Art. III, s. 7, Florida Constitution). adopt rules establishing requirements governing aircraft used for the aerial application of seed; requiring that the department report to the Referred to the Committees on Crime Prevention, Corrections & Legislature on the implementation of any rule adopted as authorized by Safety; Health Regulation; and Council for Healthy Communities. the act; directing the review of the cost impact to the aerial application industry; providing an effective date. By Representatives Kallinger, Brummer, Trovillion, Allen, Bense, and Baxley— First reading by publication (Art. III, s. 7, Florida Constitution).

HB 805—A bill to be entitled An act relating to human cloning; Referred to the Committee on Agriculture & Consumer Affairs; and creating s. 877.27, F.S., the “Human Cloning Prohibition and Council for Competitive Commerce. Responsibility Act of 2002”; providing definitions; providing that it is By the Committee on Security, Select; Representatives Bense, Gelber, unlawful to perform or attempt to perform human cloning, to participate Ball, Green, Cusack, Cantens, Hart, Machek, Harrell, and Goodlette— or assist in an attempt to perform human cloning, or to ship or receive for any purpose an embryo produced by human cloning or any product HB 811—A bill to be entitled An act relating to the Florida Seaport derived from such embryo; providing a penalty; providing civil penalties; Transportation and Economic Development Program; amending s. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 59

311.07, F.S.; expanding the list of projects eligible for funding by grant management district orders and rules are not subject to specified under the program; exempting certain measures from matching fund review; amending s. 403.412, F.S., the “Environmental Protection Act of requirements; providing an effective date. 1971”; revising requirements for initiating specified proceedings under that act; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution). Referred to the Committee on Transportation & Economic First reading by publication (Art. III, s. 7, Florida Constitution). Development Appropriations; and Council for Ready Infrastructure. Referred to the Committees on Natural Resources & Environmental By Representatives Dockery, Greenstein, Lacasa, Goodlette, Protection; Agriculture & Consumer Affairs; and Council for Harrington, Atwater, Alexander, Gannon, Mayfield, Diaz-Balart, Competitive Commerce. Farkas, Argenziano, Sorensen, Clarke, Needelman, Murman, Bennett, Cantens, Spratt, Waters, Evers, Negron, Ross, Harrell, Seiler, Bean, By Representative Bean— Kendrick, Flanagan, Garcia, Paul, Prieguez, Bense, Detert, Green, Bilirakis, Littlefield, Fasano, Russell, Mahon, Attkisson, Ritter, Bowen, HB 821—A bill to be entitled An act relating to substance abuse and Barreiro, Crow, Betancourt, Arza, Stansel, Berfield, Mealor, Ryan, mental health programs; amending s. 394.74, F.S.; deleting authority of Hart, Gottlieb, Rubio, Baxley, Joyner, Cusack, Machek, Bendross- the Department of Children and Family Services to use unit cost Mindingall, Fiorentino, Gibson, Holloway, Brummer, Bullard, and methods of payment in contracts for the provision of services for local Lerner— substance abuse and mental health programs; specifying additional HB 813—A bill to be entitled An act relating to Everglades requirements relating to such contracts; requiring reports to the restoration; amending s. 201.15, F.S.; providing for distribution of Legislature; providing an effective date. proceeds from excise taxes on documents to pay debt service on Everglades restoration bonds; creating s. 215.619, F.S.; authorizing the First reading by publication (Art. III, s. 7, Florida Constitution). issuance of Everglades restoration bonds to finance or refinance the cost Referred to the Committees on Child & Family Security; Health & of acquisition and improvement of land, water areas, and related property interests and resources for the purpose of implementing the Human Services Appropriations; and Council for Healthy Communities. Comprehensive Everglades Restoration Plan; providing procedures and By Representatives Heyman and Kosmas— limitations; providing for deposit of funds in the Save Our Everglades Trust Fund; amending s. 259.105, F.S.; specifying time period for HB 823—A bill to be entitled An act relating to sexual battery; transfer of certain Florida Forever Act funds into the Save Our amending s. 775.15, F.S.; providing that prosecution for a sexual battery Everglades Trust Fund; amending ss. 373.470 and 373.472, F.S.; authorizing the payment of debt service on Everglades restoration bonds may be commenced at any time when a DNA record exists with respect from the Save Our Everglades Trust Fund; revising requirements for to the felony and the record is properly maintained by the appropriate deposit of state and water management district funds into the Save Our agency; providing definitions; providing an effective date. Everglades Trust Fund; providing legislative intent that the issuance of Everglades restoration bonds is in the best interest of the state; First reading by publication (Art. III, s. 7, Florida Constitution). providing an effective date. By Representative Fields— First reading by publication (Art. III, s. 7, Florida Constitution). HB 825—A bill to be entitled An act relating to insurance; creating Referred to the Committees on Natural Resources & Environmental the Producer Licensing Model Act; providing purpose and scope; Protection; General Government Appropriations; and Council for Ready defining terms; providing for licensing; providing for applications for Infrastructure. examination and license; providing for nonresident licensing; providing By Representative Green— an exemption from examination; requiring notification to the Department of Insurance if an assumed name is used; providing for HB 815—A bill to be entitled An act relating to bail bonds; amending denial, nonrenewal, and revocation of license; providing for commissions s. 903.045, F.S.; providing for costs for services by the clerk of the court; and appointments; providing for reciprocity; providing for reporting of amending s. 903.26, F.S.; limiting circumstances under which the court actions; authorizing the Department of Insurance to adopt rules; may order discharge of a forfeiture; requiring that certain written providing for severability; providing for repeal of inconsistent statutes; factual findings be included in said orders; amending s. 903.28, F.S.; providing an effective date. requiring remission to be paid by the county within a specified time period; requiring payment of interest on remission under certain First reading by publication (Art. III, s. 7, Florida Constitution). circumstances; providing an effective date. Referred to the Committees on Insurance; Fiscal Policy & Resources; First reading by publication (Art. III, s. 7, Florida Constitution). and Council for Competitive Commerce. Referred to the Committees on Judicial Oversight; Crime Prevention, Corrections & Safety; and Council for Smarter Government. By Representative Pickens—

By Representative Sobel— HB 827—A bill to be entitled An act relating to Putnam County; repealing chapter 61-2723, Laws of Florida, relating to the operation HB 817—A bill to be entitled An act relating to newborn infant and maintenance of the law library in the Putnam County Court House; screening; authorizing formation of a study group under Children’s providing an effective date. Medical Services of the Department of Health; providing purpose; providing membership; requiring recommendations and a plan for Proof of publication of the required notice was attached. expanding newborn infant screening requirements; requiring a 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). Referred to the Committee on Local Government & Veterans Affairs; and Council for Smarter Government. Referred to the Committees on Health Regulation; Judicial Oversight; and Council for Healthy Communities. By Representative Haridopolos— By Representative Cantens— HJR 829—A joint resolution proposing an amendment to Section 3 of HB 819—A bill to be entitled An act relating to environmental Article VII of the State Constitution, relating to legislative protection; amending s. 373.114, F.S.; providing that certain water authorization to exempt tangible personal property from ad valorem 60 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 taxation, and creating Section 26 of Article XII of the State Constitution, the event of patient noncompliance; providing for waiver of the time relating to scheduling an effective date for such amendment. periods for the hearing on involuntary placement if a voluntary agreement to treatment is obtained; providing requirements for a court- First reading by publication (Art. III, s. 7, Florida Constitution). approved treatment plan under such voluntary treatment agreement; Referred to the Committees on Local Government & Veterans Affairs; providing procedures for hearings in the event of noncompliance with Fiscal Policy & Resources; and Fiscal Responsibility Council. treatment according to the agreement; clarifying provisions relating to hearings for continued involuntary placement; amending s. 394.499, By Representative Weissman— F.S.; providing additional criteria for eligibility to receive children’s crisis stabilization unit/juvenile addictions receiving facility services; HB 831—A bill to be entitled An act relating to condominiums; reenacting ss. 394.67(18), 394.674(2), 394.492(5) and (6), 984.19(4), and creating ss. 718.701, 718.702, 718.703, and 718.704, F.S.; providing 985.211(2)(d), F.S., to incorporate the amendments to ss. 394.463(1) and definitions with respect to master condominium associations; providing 394.67, F.S., in cross references; providing an effective date. for meetings and official records with respect to master condominium associations; providing for the powers and duties of the Division of First reading by publication (Art. III, s. 7, Florida Constitution). Florida Land Sales, Condominiums, and Mobile Homes over master condominium associations; providing for financial reporting; providing Referred to the Committees on Judicial Oversight; Health & Human an effective date. Services Appropriations; and Council for Smarter Government.

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

Referred to the Committees on Business Regulation; Judicial HB 841—A bill to be entitled An act relating to sexual predators and Oversight; and Council for Smarter Government. sexual offenders; amending s. 775.21, F.S.; defining the terms “institution of higher education” and “change in enrollment or By Representative Carassas— employment status” for the purposes of the Florida Sexual Predators Act; providing additional registration requirements with respect to HJR 833—A joint resolution proposing an amendment to Section 3 of sexual predators who are enrolled, employed, or carrying on a vocation Article VII and the creation of Section 26 of Article XII of the State at an institution of higher education; providing requirements with Constitution relating to tax exemption for property owned by respect to changes in the name or residence of a sexual predator; municipalities or special districts. requiring the sheriff to promptly provide to the Department of Law First reading by publication (Art. III, s. 7, Florida Constitution). Enforcement certain information received from the sexual predator; amending s. 775.24, F.S.; increasing a time period for an agency to move Referred to the Committees on Local Government & Veterans Affairs; to modify or set aside certain orders or injunctions with respect to an Fiscal Policy & Resources; and Fiscal Responsibility Council. agency’s performance of a duty imposed under the laws governing sexual predators or sexual offenders; amending s. 943.0435, F.S.; By Representative Gardiner— redefining the term “sexual offender”; defining the terms “institution of higher education” and “change in enrollment or employment status”; HB 835—A bill to be entitled An act relating to theft; creating s. providing requirements with respect to changes in the sexual offender’s 812.0145, F.S.; providing enhanced criminal penalties for theft from residence or name; providing additional registration requirements with persons age 65 or older; requiring restitution and community service for respect to sexual offenders who are enrolled, employed, or carrying on theft from said persons; providing an effective date. a vocation at an institution of higher education; requiring the sheriff to First reading by publication (Art. III, s. 7, Florida Constitution). provide certain information; revising provisions relating to sexual offenders who may petition for removal of registration requirements; Referred to the Committees on Crime Prevention, Corrections & providing legislative findings; creating s. 943.0436, F.S.; providing for Safety; Criminal Justice Appropriations; and Council for Healthy the duty of the court to uphold laws governing sexual predators and Communities. sexual offenders; amending s. 944.606, F.S.; including a cross reference within the definition of the term “sexual offender”; amending s. 944.607, By Representative Betancourt— F.S.; redefining the term “sexual offender”; defining the terms HB 837—A bill to be entitled An act relating to driving under the “institution of higher education” and “change in enrollment or influence; amending s. 316.193, F.S.; increasing the penalty for a third employment status”; providing additional registration requirements conviction of driving under the influence to a third degree felony; with respect to sexual offenders who are enrolled, employed, or carrying amending s. 921.0022, F.S.; conforming a cross reference; providing an on a vocation at an institution of higher education; providing an effective 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 Committees on Crime Prevention, Corrections & Referred to the Committees on Crime Prevention, Corrections & Safety; Criminal Justice Appropriations; and Council for Healthy Safety; Colleges & Universities; and Council for Healthy Communities. Communities. By Representative Mack— By Representative Lerner— HB 843—A bill to be entitled An act relating to condominiums, HB 839—A bill to be entitled An act relating to mental health cooperatives, and homeowners’ associations; amending s. 702.09, F.S.; treatment; amending s. 394.455, F.S.; modifying definitions; amending redefining the terms “mortgage” and “foreclosure proceedings”; s. 394.463, F.S.; providing additional criteria for involuntary amending s. 718.104, F.S.; revising provisions relating to declarations examination at a mental health receiving facility; authorizing certain for the creation of a condominium; amending s. 718.106, F.S.; revising law enforcement actions to enforce an outpatient treatment order; provisions relating to appurtenances that pass with a condominium providing requirements for recordkeeping and reporting of such orders unit; amending s. 718.110, F.S.; revising provisions relating to by the Agency for Health Care Administration; amending s. 394.467, amendments to a declaration of condominium; amending s. 718.111, F.S.; providing additional criteria for involuntary placement for mental F.S.; revising provisions relating to the association; amending s. health treatment; providing for inpatient or outpatient treatment; 718.112, F.S.; revising provisions relating to bylaws; amending s. revising provisions relating to the court’s treatment order at a hearing 718.113, F.S.; revising provisions relating to material alterations of on involuntary placement; requiring an order for outpatient treatment common elements or association real property operated by a to include requirements for the provision of services and procedures in multicondominium association; amending s. 718.115, F.S.; revising January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 61 provisions relating to common expenses; amending s. 718.1255, F.S., within the Solid Waste Management Trust Fund; creating the water relating to alternative dispute resolution procedures; providing for the quality improvement and water restoration grant program to be expedited handling of any allegation of an irregularity in the election of administered by the Department of Environmental Protection; any director of the board of administration of a condominium; amending specifying eligible grant recipients and criteria for evaluation of grant s. 718.405, F.S.; revising provisions relating to multicondominiums and proposals; requiring the department to evaluate and prioritize grant multicondominium associations; amending s. 718.503, F.S.; relating to proposals and submit a prioritized list to the Governor and Legislature disclosure requirements for the sale of certain condominiums; removing as part of its annual budget request; authorizing the department to the requirement that question and answer sheets be part of the closing adopt rules to administer the grant program; repealing s. 403.719, F.S.; documents; amending s. 718.504, F.S.; revising provisions relating to eliminating the grant program for the collection, removal, processing, the prospectus or offering circular; providing an effective date. and recycling of waste tires; 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 Committees on Natural Resources & Environmental Referred to the Committees on Judicial Oversight; Business Protection; General Government Appropriations; and Council for Ready Regulation; and Council for Smarter Government. Infrastructure.

By Representative Atwater— By Representatives Lerner, Rich, Jordan, Garcia, Mahon, Heyman, and Barreiro— HB 845—A bill to be entitled An act relating to Palm Beach County; amending chapter 93-367, Laws of Florida, as amended; revising HB 853—A bill to be entitled An act relating to foster care; amending procedures for appeal of disciplinary actions and complaints against s. 39.812, F.S.; specifying the circumstances under which the employees of the Sheriff of Palm Beach County; revising provisions for Department of Children and Family Services may remove a child from the appointment of boards to hear appeals and procedures with respect a foster home after denying the foster parent’s application for adoption; thereto; revising provisions relating to monetary emoluments based on providing legislative findings and intent regarding the role of foster performance; extending collective bargaining status to deputy sheriffs; parents as participants in the state’s child welfare system; creating s. providing an effective date. 409.1684, F.S.; creating the “Foster Parent Act”; specifying responsibilities of the department with respect to foster parents; Proof of publication of the required notice was attached. specifying rights and responsibilities of foster parents; requiring the department and agencies providing foster care services under contract First reading by publication (Art. III, s. 7, Florida Constitution). with the department to prepare an annual plan for implementation of Referred to the Committee on Local Government & Veterans Affairs; the act; providing an effective date. and Council for Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Byrd and Fasano— Referred to the Committees on Judicial Oversight; Child & Family HB 847—A bill to be entitled An act relating to road designations; Security; and Council for Smarter Government. designating “Ronald Reagan Parkway” in Leon County; directing the By Representative Barreiro— Department of Transportation to erect suitable markers; providing an effective date. HB 855—A bill to be entitled An act relating to illegal smuggling of aliens; providing a definition; providing a penalty for smuggling, First reading by publication (Art. III, s. 7, Florida Constitution). attempting to smuggle, or conspiring to smuggle, aliens into the state; providing an increased penalty when an alien is killed as a result of a Referred to the Committee on Transportation. violation of the act; providing an effective date. By Representative Rubio— First reading by publication (Art. III, s. 7, Florida Constitution). HB 849—A bill to be entitled An act relating to financial Referred to the Committees on Crime Prevention, Corrections & arrangements between referring health care providers and providers of Safety; Security, Select; and Council for Healthy Communities. health care services; amending s. 456.053, F.S., the “Patient Self- Referral Act of 1992”; redefining the term “referral” by revising the list By Representative Mack— of practices that constitute exceptions; providing an effective date. HB 857—A bill to be entitled An act relating to state security; First reading by publication (Art. III, s. 7, Florida Constitution). creating the Division of Homeland Security in the Department of Law Enforcement; providing for the purpose and duties of the division; Referred to the Committees on Health Regulation; Health & Human providing an effective date. Services Appropriations; and Council for Healthy Communities. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Dockery— Referred to the Committees on Security, Select; Crime Prevention, HB 851—A bill to be entitled An act relating to solid waste Corrections & Safety; and Council for Smarter Government. management; amending s. 212.20, F.S.; providing for transfer of certain sales tax proceeds to the Ecosystem Management and Restoration Trust By Representative Bense— Fund, rather than to the Solid Waste Management Trust Fund; HB 859—A bill to be entitled An act relating to local government; providing uses of such funds; amending s. 403.709, F.S.; revising uses prohibiting local governments from requiring employers to pay a of moneys in the Solid Waste Management Trust Fund, including waste minimum wage in excess of the federal minimum wage; providing tire fee revenues; deleting provisions relating to recovery of funds exceptions; providing an effective date. expended for cleanup of illegal waste tire sites; amending s. 403.7095, F.S.; revising requirements and procedures relating to the solid waste First reading by publication (Art. III, s. 7, Florida Constitution). management grant program; requiring the Department of Environmental Protection to evaluate and prioritize grant proposals Referred to the Committees on State Administration; Fiscal Policy & and submit a prioritized list to the Governor and Legislature as part of Resources; and Council for Ready Infrastructure. its annual budget request; authorizing the department to adopt rules to By Representative Flanagan— administer the grant program; amending s. 403.717, F.S.; deleting references and cross references relating to the waste tire grants HB 861—A bill to be entitled An act relating to state attorneys; program; amending s. 403.718, F.S.; eliminating the waste tire account amending s. 27.345, F.S., relating to the State Attorney RICO Trust 62 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

Fund; revising reporting requirements; amending s. 775.082, F.S.; official without registering as a political committee; providing that removing requirements for explanation, submission, and maintenance records of a committee of continuous existence relating to political of sentencing deviation reports for prison release reoffenders who do not activities are public records; revising the fine for late filing of reports by receive the mandatory minimum sentence; repealing s. 27.365, F.S., committees of continuous existence; providing penalties; amending s. relating to the annual report by the Florida Prosecuting Attorneys 106.07, F.S.; correcting a cross reference, to conform; providing for Association regarding prosecutions under ss. 794.011, 794.05, 800.04, severability; providing effective dates. and 827.04(3), F.S.; repealing s. 39.205(7), F.S., relating to establishment and publication of procedures for prosecution of persons First reading by publication (Art. III, s. 7, Florida Constitution). under s. 39.205, F.S., and reports on the disposition of complaints Referred to the Committees on Rules, Ethics & Elections; Judicial relating to reporting of child abuse, abandonment, or neglect; repealing Oversight; and Procedural & Redistricting Council. s. 415.111(6), F.S., relating to establishment and publication of procedures for prosecution of persons under s. 415.111, F.S., and reports By Representatives Goodlette and Green— on the disposition of complaints relating to reporting of abuse, neglect, or exploitation of vulnerable adults; repealing s. 775.08401(3), F.S.; HB 869—A bill to be entitled An act relating to transportation removing requirements for explanation, submission, and maintenance funding; amending s. 206.606, F.S.; eliminating the deduction of of sentencing deviation reports relating to eligibility criteria for administrative costs from the proceeds of the fuel sales taxes on motor sentencing of habitual offenders, habitual violent felony offenders, and fuel and diesel fuel deposited in the Fuel Tax Collection Trust Fund; violent career criminals; providing an effective date. eliminating transfers to the Invasive Plant Control Trust Fund, the State Game Trust Fund, and the Agricultural Emergency Eradication First reading by publication (Art. III, s. 7, Florida Constitution). Trust Fund from such proceeds; amending s. 206.608, F.S.; eliminating Referred to the Committee on Crime Prevention, Corrections & the deduction of administrative costs from the proceeds of the State Safety; and Council for Healthy Communities. Comprehensive Enhanced Transportation System Taxes on motor fuel and diesel fuel deposited in the Fuel Tax Collection Trust Fund; By Representative Joyner— eliminating transfers to the Agricultural Emergency Eradication Trust Fund from such proceeds; repealing s. 206.609, F.S., which provides for HB 863—A bill to be entitled An act relating to long-term care; regulation of such transfers to the Agricultural Emergency Eradication creating the “Moses General Miles Act”; authorizing the Institute on Trust Fund, and s. 570.1912, F.S., which provides for appropriations to Urban Policy and Commerce at Florida Agricultural and Mechanical the trust fund from the General Revenue Fund of amounts equal to such University to develop a grant program for pilot projects in assisted living transfers; providing for use of the revenues derived from elimination of facility long-term care for elderly persons in urban distressed the deduction of administrative costs from the proceeds of specified communities; providing for eligibility and priority for funding; creating taxes under the act; amending ss. 215.20 and 215.22, F.S.; providing a review panel to evaluate proposed pilot projects; providing that the 7 percent service charge for the cost of general government and membership of the review panel; directing the institute to provide the additional 0.3 percent service charge shall not be deducted from the program technical assistance support; providing rulemaking authority; Fuel Tax Collection Trust Fund, the State Alternative Fuel User Fee providing an appropriation; providing an effective date. Clearing Trust Fund, the Local Alternative Fuel User Fee Clearing First reading by publication (Art. III, s. 7, Florida Constitution). Trust Fund, the Local Option Fuel Tax Trust Fund, and taxes on motor fuels other than gasoline levied under s. 206.87(1)(a), F.S.; providing for Referred to the Committees on Elder & Long-Term Care; Health & use of the revenues derived from elimination of such service charges; Human Services Appropriations; and Council for Healthy Communities. repealing s. 215.211(3), F.S., which provides for the future reduction and elimination of the 7 percent service charge deducted from proceeds of the By Representative Joyner— local option fuel tax distributed under s. 336.025, F.S.; repealing s. HB 865—A bill to be entitled An act relating to public school 240.156, F.S., which provides for deposit of the service charge deducted discipline; amending s. 230.23, F.S., relating to powers and duties of from revenues raised by the local option tax on motor fuel levied school boards; requiring the code of student conduct to include notice of pursuant to s. 336.025(1)(b), F.S., in the State University System the policy of zero tolerance; amending s. 230.235, F.S., relating to school Concurrency Trust Fund; amending ss. 206.875, 206.879, 206.9845, district policy of zero tolerance for crime and victimization; authorizing 206.9945, and 212.0501, F.S., to conform; amending s. 320.072, F.S.; modification of certain disciplinary actions on a case-by-case basis; providing that a portion of the revenues from the additional fee on correcting a cross reference; providing an effective date. certain motor vehicle registration transactions shall be used to fund the County Incentive Grant Program rather than deposited in the General First reading by publication (Art. III, s. 7, Florida Constitution). Revenue Fund; repealing s. 10, ch. 2000-257, Laws of Florida, which eliminates the deposit of a portion of such fee in the General Revenue Referred to the Committee on Education Innovation; and Council for Fund on July 1, 2005; amending s. 339.1371, F.S., to conform; amending Lifelong Learning. ss. 206.41, 336.021, and 336.025, F.S.; providing that the rates of the By Representatives Wiles and Ausley— ninth-cent fuel tax on motor fuel and the local option fuel tax on motor fuel shall be adjusted annually based on the Consumer Price Index; HB 867—A bill to be entitled An act relating to campaign financing; providing for notification of tax rates by the Department of Revenue; providing a short title; amending s. 106.011, F.S.; revising definitions of eliminating the deduction of administrative costs from the proceeds of the terms “political committee,” “contribution,” “expenditure,” and the local option fuel taxes on motor fuel and diesel fuel; providing an “political advertisement”; amending s. 106.021, F.S.; eliminating a effective date. provision that authorizes the unrestricted expenditure of funds for the purpose of jointly endorsing three or more candidates; amending s. First reading by publication (Art. III, s. 7, Florida Constitution). 106.03, F.S.; providing additional requirements for registration of Referred to the Committees on Transportation; Transportation & political committees and certification of committees of continuous Economic Development Appropriations; and Council for Ready existence; providing penalties and applicability; amending s. 106.04, Infrastructure. F.S.; requiring committees of continuous existence to update certain certification information; requiring an up-to-date membership list with By Representative Hogan— the application for certification and with each annual and regular report; specifying information membership lists must provide; requiring HB 871—A bill to be entitled An act relating to immunizations; membership dues to be reported in the same manner as regular creating s. 381.0421, F.S.; requiring individuals enrolled in a contributions; prohibiting committees of continuous existence from postsecondary educational institution who reside in on-campus housing making expenditures in support of or opposition to an elected public to be vaccinated against meningococcal meningitis; requiring the January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 63

Department of Health, in consultation with the Department of providing authority for the Department of Children and Family Services Education, to establish a vaccination program and procedures; requiring to enter into interstate agreements with other participating states for postsecondary educational institutions to provide certain information to medical and other necessary services for special needs children; individuals wishing an exemption; providing procedures for exemption; establishing procedures for interstate delivery of adoption assistance requiring the Department of Health, in consultation with the and related services and benefits; providing for the adoption of Department of Education, to adopt rules; providing an effective date. administrative rules; creating s. 409.407, F.S.; prohibiting expansion of the state’s financial commitment; 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 Committees on Health Regulation; Colleges & Universities; and Council for Healthy Communities. Referred to the Committee on Judicial Oversight; and Council for Healthy Communities. By Representative Davis— By Representative Melvin— HB 873—A bill to be entitled An act relating to marriage licenses; amending s. 741.04, F.S.; requiring that, for purposes of obtaining a HB 883—A bill to be entitled An act relating to workers’ marriage license, a person who is not a citizen of the United States and compensation; creating s. 440.475, F.S.; creating the Office of Workers’ who does not have a social security number or alien registration number Compensation Administration; requiring the Department of must present a valid passport and, under certain circumstances, a valid Management Services to provide administrative support; providing for visa; eliminating provisions authorizing a county court judge or clerk of the operating budget of the office; establishing the executive director as the circuit court to issue a marriage license to noncitizens if one or both head of the office and providing duties thereof; providing for the of the parties are unable to provide the required identification; appointment of mediators; providing for rules and procedures; creating providing an effective date. a Penalty Assessment Section within the office; establishing a penalty administrator as head of the section; providing for penalties and fines First reading by publication (Art. III, s. 7, Florida Constitution). and for protests thereof; amending s. 440.02, F.S.; revising definitions; Referred to the Committees on Judicial Oversight; Child & Family amending s. 440.021, F.S.; revising provisions relating to exemption of Security; and Council for Smarter Government. workers’ compensation from ch. 120, F.S.; requiring assessment of penalties and interest by written order and providing for right to protest By Representative Bilirakis— such assessment; providing for appeal; amending s. 440.191, F.S.; renaming the Employee Assistance and Ombudsman Office as the HB 875—A bill to be entitled An act relating to public records; Employee Assistance and Ombudsman Section within the Office of creating ss. 458.353 and 459.028, F.S.; providing exemptions from public Workers’ Compensation Administration; conforming references; records requirements for information contained in reports made by amending s. 440.20, F.S.; revising provisions relating to penalties for physicians and osteopathic physicians of adverse incidents occurring in late payment; requiring the office to establish carrier and claims office practice settings; providing for future review and repeal; providing handler performance standards and monitor and audit their findings of public necessity; providing an effective date. performance; providing penalties; amending s. 440.52, F.S.; requiring First reading by publication (Art. III, s. 7, Florida Constitution). specified insurance carriers to be licensed by the office; providing for a fee; providing for rules; providing penalties; conforming language; Referred to the Committees on Health Regulation; State amending s. 440.525, F.S.; authorizing the office to monitor and audit Administration; and Council for Healthy Communities. carriers and claims handlers; providing definitions; providing for rules; transferring the Division of Workers’ Compensation of the Department By Representatives Spratt, Bennett, Brown, Evers, Greenstein, of Labor and Employment Security to the Office of Workers’ Gottlieb, Harrell, Clarke, Dockery, Sorensen, and Kendrick— Compensation Administration; amending ss. 440.015, 440.05, 440.09, HB 877—A bill to be entitled An act relating to enterprise zones; 440.10 440.102, 440.1025, 440.103, 440.104, 440.105, 440.106, 440.107, amending s. 290.0065, F.S.; authorizing certain counties to apply to the 440.108, 440.12, 440.125, 440.13, 440.134, 440.135, 440.14, 440.15, Office of Tourism, Trade, and Economic Development to amend the 440.17, 440.185, 440.192, 440.1925, 440.207, 440.211, 440.24, 440.25, boundaries of certain enterprise zones or communities for certain 440.271, 440.35, 440.38, 440.381, 440.385, 440.386, 440.40, 440.41, purposes; providing an effective date. 440.42, 440.44, 440.4416, 440.47, 440.49, 440.491, 440.50, 440.51, 440.572, 440.59, 440.591, 440.593, 440.60, 20.171, 112.19, 112.191, First reading by publication (Art. III, s. 7, Florida Constitution). 121.125, 122.03, 238.06, 468.529, 489.114, 489.510, 553.88, 626.88, 626.989, 627.0915, and 627.914, F.S.; conforming language and cross Referred to the Committees on Economic Development & references; providing an effective date. International Trade; Fiscal Policy & Resources; and Council for Competitive Commerce. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Spratt, Alexander, Kendrick, Bense, Stansel, Referred to the Committees on Insurance; Transportation & Economic Bennett, Brown, Evers, Gottlieb, Harrell, and Holloway— Development Appropriations; and Council for Competitive Commerce.

HB 879—A bill to be entitled An act relating to protection of Lake By Representatives Melvin and Mahon— Okeechobee; amending s. 373.4595, F.S.; providing eligibility requirements for available grants from coordinating agencies; HB 885—A bill to be entitled An act relating to recitation of the prohibiting the disposal of domestic wastewater residuals after a certain Declaration of Independence; creating s. 233.0659, F.S.; providing date; providing penalties for violations; providing an effective date. legislative findings; requiring a portion of the Declaration of Independence to be recited daily by public school students; providing an First reading by publication (Art. III, s. 7, Florida Constitution). effective date.

Referred to the Committees on Natural Resources & Environmental First reading by publication (Art. III, s. 7, Florida Constitution). Protection; General Government Appropriations; and Council for Ready Infrastructure. Referred to the Committee on State Administration; and Council for Lifelong Learning. By the Committee on Child & Family Security; Representative Detert— By Representative Melvin—

HB 881—A bill to be entitled An act providing for the Interstate HB 887—A bill to be entitled An act relating to real property reform; Compact on Adoption and Medical Assistance; creating s. 409.406, F.S.; establishing the Mandated Property Reform Task Force; providing for 64 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 appointment of members and organization of the task force; specifying requiring payment of certain charges after loss or destruction; providing duties; providing for reports; providing for termination; providing an for claims; providing requirements and procedures; providing for appropriation; providing an effective date. consumer complaints; providing requirements and procedures; specifying fraudulent transfers of moving companies; providing criteria; First reading by publication (Art. III, s. 7, Florida Constitution). providing for enforcement; providing penalties; providing for fines; providing for waiver of certain rights under certain circumstances; Referred to the Committees on State Administration; Fiscal Policy & repealing local laws or ordinances in conflict; providing severability; Resources; and Fiscal Responsibility Council. providing an effective date.

By Representative Melvin— First reading by publication (Art. III, s. 7, Florida Constitution). HB 889—A bill to be entitled An act relating to vessels; creating s. Referred to the Committees on Business Regulation; Fiscal Policy & 327.901, F.S.; creating the “Vessel Warranty Enforcement Act,” also Resources; and Council for Smarter Government. known as the “Vessel Lemon Law”; creating s. 327.902, F.S.; providing legislative intent; creating s. 327.903, F.S.; providing definitions; By Representative Sobel— creating s. 327.904, F.S.; providing for the duty of the manufacturer to conform the vessel to the warranty; creating s. 327.905, F.S.; providing HB 895—A bill to be entitled An act relating to wage discrimination; for nonconformity of vessels and engines; creating s. 327.906, F.S.; creating the “Equal Pay Commission Act”; providing for the Secretary providing for bad faith claims; creating s. 327.907, F.S.; providing for of Labor and Employment Security to appoint the Equal Pay dispute settlement procedures; creating s. 327.908, F.S.; providing for Commission; providing membership criteria; requiring the commission to conduct a study; specifying the subject of the study; providing an dispute eligibility with the Florida New Vessel Arbitration Board; effective date. creating s. 327.909, F.S.; creating the Florida New Vessel Arbitration Board; providing for duties and functions; creating s. 327.911, F.S.; First reading by publication (Art. III, s. 7, Florida Constitution). providing for compliance and disciplinary actions; creating s. 327.912, F.S.; providing that certain violations are unfair or deceptive trade Referred to the Committees on Judicial Oversight; Economic practices; creating s. 327.913, F.S.; providing for consumer remedies; Development & International Trade; Fiscal Policy & Resources; and creating s. 327.914, F.S.; providing for vessel dealer liability; creating s. Council for Smarter Government. 327.915, F.S.; providing for the resale of returned vessels; creating s. By Representative Harrington— 327.916, F.S.; providing that certain agreements are void; creating s. 327.917, F.S.; providing for preemption; creating s. 327.918, F.S.; HB 897—A bill to be entitled An act relating to public contracts; providing a fee; creating s. 327.919, F.S.; providing for rules; providing creating s. 287.1335, F.S.; providing definitions; defining the term an effective date. “unauthorized alien” to mean an alien who is not lawfully admitted for permanent residence in the United States or authorized to be employed First reading by publication (Art. III, s. 7, Florida Constitution). in the United States; prohibiting an unauthorized alien, or an entity Referred to the Committees on Business Regulation; Transportation; under the control of an unauthorized alien, from bidding on or and Council for Smarter Government. performing work under a contract for a state agency or political subdivision of the state; prohibiting a state agency or political By Representative Carassas— subdivision of the state from accepting a bid from, awarding a contract to, or transacting business with an unauthorized alien or an affiliate of HB 891—A bill to be entitled An act relating to windstorm insurance an unauthorized alien; requiring that notice of such prohibitions be risk apportionment; amending s. 627.351, F.S.; eliminating a included in certain invitations to bid, requests for proposals, and requirement that certain insureds lose their eligibility for the Florida contract documents; providing an effective date. Windstorm Underwriting Association 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 Committees on State Administration; Security, Select; and Council for Smarter Government. Referred to the Committees on Insurance; Fiscal Policy & Resources; and Council for Competitive Commerce. By Representative Russell—

By Representative Johnson— HB 899—A bill to be entitled An act relating to unlawful activities involving driver’s licenses and identification cards; amending s. 322.212, HB 893—A bill to be entitled An act relating to regulation of movers; F.S.; prohibiting a person from knowingly selling, manufacturing, or providing a short title; providing definitions; providing construction, delivering, or offering to sell, manufacture, or deliver, any blank, forged, intent, and application; requiring registration; requiring operating stolen, fictitious, counterfeit, or unlawfully issued driver’s license or permits and vehicle decals; providing requirements, procedures, identification card or any instrument in the similitude of such license or criteria, and limitations; authorizing the Department of Business and such card; providing a penalty; authorizing investigations of violations Professional Regulation to charge certain fees; authorizing the of this section; providing an effective date. department to adopt rules; providing for denial, suspension, and revocation of permits and decals; providing requirements and First reading by publication (Art. III, s. 7, Florida Constitution). procedures; providing for hearings; providing for appeals; providing Referred to the Committees on Transportation; Security, Select; and procedures; requiring cargo valuation, cargo legal liability, and motor Council for Ready Infrastructure. vehicle insurance coverage; providing requirements; providing penalties; requiring moving vehicle signage; requiring estimates of By Representative Machek— moving costs; providing requirements, criteria, procedures, and limitations; requiring contracts for service; providing requirements; HB 901—A bill to be entitled An act relating to exploitation of elderly requiring disclosure statements; specifying contents; prohibiting or disabled adults; amending s. 825.103, F.S.; specifying a statute of charges in excess of written estimate; providing an exception; specifying limitations for exploitation of the funds, assets, or property of an elderly unlawful charges; prohibiting refusal to relinquish goods; requiring person or disabled adult; providing for tolling of certain statutes of written inventories; specifying acceptable forms of payment; requiring limitations under certain circumstances; providing an effective date. timely shipping; requiring minimum valuation coverage; providing for First reading by publication (Art. III, s. 7, Florida Constitution). coverage in excess of the minimum; requiring notice; requiring maintenance of records; requiring procedures for responding to inquiries Referred to the Committees on Judicial Oversight; Criminal Justice and complaints; providing requirements; prohibiting collecting or Appropriations; and Council for Smarter Government. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 65

By Representative Betancourt— rates under an alternative modified community rating under certain circumstances; requiring the Insurance Commissioner to appoint a HB 903—A bill to be entitled An act relating to professions; amending health benefit plan committee to modify the standard, basic, and flexible s. 455.271, F.S.; providing general authority for the reinstatement of health benefit plans; revising the disclosure that a carrier must make to licenses that have become void; amending s. 473.313, F.S.; providing for a small employer upon offering certain policies; prohibiting small the reinstatement of certain public accountancy licenses that have employer carriers from using certain policies, contracts, forms, or rates become void; amending s. 489.116, F.S.; providing for the reinstatement unless filed with and approved by the Department of Insurance of certain contracting licenses that have become void; providing an pursuant to certain provisions; restricting application of certain laws to effective date. flexible benefit policies under certain circumstances; authorizing offering or delivering flexible benefit policies or contracts to certain First reading by publication (Art. III, s. 7, Florida Constitution). employers; providing requirements for benefits in flexible benefit Referred to the Committee on Business Regulation; and Council for policies or contracts for small employers; providing an effective date. Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Jordan— Referred to the Committees on Insurance; Health Regulation; and HM 905—A memorial to the President and Congress of the United Council for Competitive Commerce. States, urging the President and Congress to direct the Secretary of By Representative Hogan— Veterans Affairs to establish a national cemetery in Duval County, Florida, to serve the needs of veterans and their families in northeast HB 915—A bill to be entitled An act relating to public schools; Florida and southeast Georgia. amending s. 233.062, F.S.; directing the superintendent of schools to provide for the display of the motto “IN GOD WE TRUST” in classrooms First reading by publication (Art. III, s. 7, Florida Constitution). and other areas in public schools; providing an effective date. Referred to the Procedural & Redistricting Council. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Kendrick— Referred to the Committee on State Administration; and Council for Lifelong Learning. HB 907—A bill to be entitled An act relating to assault or battery on specified officials; amending s. 784.081, F.S.; providing enhanced By Representative Simmons— penalties for the offenses of assault, battery, aggravated assault, and aggravated battery if the offense is committed on a person officiating an HB 917—A bill to be entitled An act relating to the annual intangible interscholastic activity; providing an effective date. personal property tax; providing legislative intent; amending s. 199.185, F.S.; exempting certain natural persons from payment of the annual First reading by publication (Art. III, s. 7, Florida Constitution). tax; providing for emergency rules of the Department of Revenue for Referred to the Committee on Crime Prevention, Corrections & certain purposes; providing effective dates. Safety; and Council for Healthy Communities. First reading by publication (Art. III, s. 7, Florida Constitution). By Representatives Kendrick and Goodlette— Referred to the Committee on Fiscal Policy & Resources; and Fiscal Responsibility Council. HB 909—A bill to be entitled An act relating to constitutional amendments proposed by initiative; amending s. 100.371, F.S.; By Representatives Paul and Harrington— increasing the minimum time required between certification of ballot position for a constitutional amendment proposed by initiative and the HB 919—A bill to be entitled An act relating to facilities affecting general election at which the amendment will be voted on; reducing the Florida’s water supply; creating s. 403.5205, F.S.; providing legislative period for which signatures on petitions for such initiative amendments findings; providing additional conditions for the location of simple cycle remain valid; requiring submission of the text of such initiative turbine electric power plants; providing eligibility for cooperative amendments to the Office of Legislative Services for review and funding assistance for plants designed to promote alternative water correction; providing for inclusion of fiscal impact statements in the text supplies; creating ss. 403.54, 403.541, 403.542, 403.543, 403.544, of such initiative amendments prior to circulation for signatures; 403.545, 403.5451, 403.5452, 403.5453, 403.546, 403.547, 403.5472, providing rulemaking authority; providing an effective date. 403.5475, 403.548, 403.549, 403.551, 403.5515, 403.552, 403.553, 403.556, 403.5565, and 403.559, F.S.; creating the “Desalination Facility First reading by publication (Art. III, s. 7, Florida Constitution). Siting Act”; providing legislative intent; providing definitions; providing powers and duties of the Department of Environmental Protection; Referred to the Committee on Rules, Ethics & Elections; and providing applicability; providing for certification of desalination Procedural & Redistricting Council. facilities under the act; providing for appointment of an administrative By Representative Farkas— law judge; providing for scheduling of the certification process; providing for distribution of copies of the certification application and HB 911—A bill to be entitled An act relating to mandated health amendments thereto; providing for a determination of completeness; benefit coverages; requiring the Office of Legislative Services to contract providing for contesting such determination; providing for a for completion of a report on existing and proposed mandated health determination of sufficiency; providing for contesting such insurance benefit coverages; specifying report review requirements; determination; providing for preliminary statements of issues and for requiring a report to the Legislature; providing an effective date. reports and studies; providing requirements for notice of the application and proceedings with respect thereto; providing for department rules; First reading by publication (Art. III, s. 7, Florida Constitution). providing for conduct of the certification hearing; providing for issuance of a recommended order; providing for parties and participants in the Referred to the Committees on Insurance; Health Regulation; and proceeding; requiring payment of hearing expenses and costs by the Council for Competitive Commerce. applicant; authorizing local governments to hold informational public By Representative Farkas— meetings; providing procedure for amendment of the certification application; providing conditions for alteration of time limitations; HB 913—A bill to be entitled An act relating to health care; amending providing for final disposition of the application by the Governor and s. 627.6699, F.S.; revising a definition; authorizing carriers to separate Cabinet sitting as the Desalination Facility Siting Board; specifying the certain experience groups for certain purposes; providing limitations for effect of certification; providing procedures for modification of a 66 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 certification after issuance; specifying conditions for suspension or dispute resolution organization or the Agency for Health Care revocation of a certification; providing for enforcement of compliance by Administration under certain circumstances; providing for future application of existing penalties; providing that conflicting laws, review or repeal under certain circumstances; specifying legislative regulations, and certification powers are superseded; authorizing the findings of public necessity; providing a contingent effective date. siting board to adopt rules; providing for fees and specifying the use thereof; providing admissibility of certification in eminent domain First reading by publication (Art. III, s. 7, Florida Constitution). proceedings; amending ss. 367.111, 381.0062, and 381.0067, F.S.; correcting cross references; providing an effective date. Referred to the Committee on State Administration; and Council for Smarter Government. First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Kendrick— Referred to the Committees on Utilities & Telecommunications; State Administration; and Council for Ready Infrastructure. HB 929—A bill to be entitled An act relating to notaries public; amending s. 117.01, F.S.; prohibiting notaries from charging fees in By Representative Mayfield— excess of those which are reasonable under the circumstances; providing an increased bond requirement to be applied under certain HB 921—A bill to be entitled An act relating to the Indian River circumstances; amending s. 117.05, F.S.; providing for the inclusion of County Hospital District, Indian River County; amending chapter 61- certain factors in determining a reasonable fee for services; providing 2275, Laws of Florida; authorizing the board of trustees of the district to hold regular meetings for the transaction of business; providing an requirements with respect to electronic notarizations; creating s. effective date. 117.055, F.S.; requiring the use of a journal for documentation of notarial acts; amending s. 117.107, F.S.; providing that a notary public Proof of publication of the required notice was attached. may not perform any notarial act for which any fee is charged without recording the act in a journal; 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 on Local Government & Veterans Affairs; and Council for Smarter Government. Referred to the Committees on Judicial Oversight; Banking; and Council for Smarter Government. By Representative Romeo— By Representative Joyner— HB 923—A bill to be entitled An act relating to student financial assistance; amending s. 240.40201, F.S.; revising the eligibility period HB 931—A bill to be entitled An act relating to adult entertainment for the Florida Bright Futures Scholarship Program; redesignating the establishments; amending s. 847.0134, F.S.; revising the prohibition Florida Merit Scholarship as the Florida Medallion Scholarship; against locating an adult entertainment establishment within a amending s. 240.40202, F.S.; defining terms; revising application dates; specified distance from a school to eliminate the exceptions that are providing for initial acceptance of a scholarship, to conform; amending provided for an establishment operating before a specified date and an s. 240.40203, F.S.; defining terms; providing conditions for awards to establishment approved by a county or municipality; revising the students in programs that confer postbaccalaureate degrees; conforming distance from a school within which an adult entertainment provisions; amending s. 240.40204, F.S.; eliminating obsolete establishment is prohibited from being located; providing an effective provisions; amending s. 240.40205, F.S.; eliminating obsolete date. provisions; designating an award level for a Florida Academic Scholarship; amending s. 240.40206, F.S.; conforming provisions; First reading by publication (Art. III, s. 7, Florida Constitution). designating award levels; eliminating obsolete provisions; amending s. 240.40207, F.S.; designating award levels; eliminating obsolete By Representative Rubio— provisions; amending s. 240.40209, F.S.; providing for the calculation of awards; amending s. 240.404, F.S.; requiring a report; providing certain HB 933—A bill to be entitled An act relating to the Florida limitations on eligibility for various state student grant programs; Retirement System; amending s. 121.4501, F.S., relating to the Public repealing s. 240.40208, F.S., relating to a transition from certain Employee Optional Retirement Program; amending the definition of scholarships to the Florida Bright Futures Scholarship Program; “eligible employee”; providing for an extension of time to transfer assets providing an effective date. from the defined benefit plan in the event of market disruption; providing for acceptance of rollovers; amending the earnings rate for First reading by publication (Art. III, s. 7, Florida Constitution). funds in the suspense account to be invested by the board; providing for Referred to the Committees on Colleges & Universities; Education spousal notification of designation of beneficiary; providing for spousal Appropriations; and Council for Lifelong Learning. rollovers to an eligible retirement plan; providing authorization for statements under oath; amending s. 121.571, F.S., relating to By Representative Attkisson— contributions to participant accounts; providing for a penalty for late contributions; providing an effective date. HB 925—A bill to be entitled An act relating to retirement; creating the “Officer Malcolm Thompson Act”; providing legislative intent; First reading by publication (Art. III, s. 7, Florida Constitution). amending s. 121.091, F.S.; revising provisions relating to benefits payable for total and permanent disability for certain Special Risk Class By Representative Rubio— members of the Florida Retirement System who are injured in the line HB 935—A bill to be entitled An act relating to public records; of duty; amending ss. 175.191 and 185.18, F.S.; providing minimum amending s. 121.4501, F.S.; providing for an exception from the public retirement benefits payable to certain Special Risk Class members who records laws of records identifying program participants in the Public are injured in the line of duty and who are totally and permanently Employee Optional Retirement Program or reflecting their investment disabled due to such injury; providing an effective date. activities and providing for limited confidentiality; providing a First reading by publication (Art. III, s. 7, Florida Constitution). statement of public necessity; providing an effective date. Referred to the Committees on State Administration; Fiscal Policy & First reading by publication (Art. III, s. 7, Florida Constitution). Resources; and Fiscal Responsibility Council. By Representative Sorensen— By Representative Benson— HB 937—A bill to be entitled An act relating to the Monroe County HB 927—A bill to be entitled An act relating to public records; Mosquito Control District; changing its name to the “Florida Keys creating s. 408.7058, F.S.; exempting certain information provided to a Mosquito Control District”; codifying, amending, reenacting, and January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 67 repealing special acts relating to the Monroe County Mosquito Control By Representatives Lee, Mahon, Jordan, Fields, Kravitz, Hogan, and District; creating and establishing a mosquito control district in Monroe Davis— County; fixing the boundaries of said district; dividing said district into areas and establishing boundaries of said areas for purposes of selecting HB 945—A bill to be entitled An act relating to the Jacksonville members of the board of commissioners; providing for the present Seaport Authority; amending ch. 2001-319, Laws of Florida; authorizing members of the board of commissioners to continue their present terms applications to be filed for, and agreements with respect to, the of office; providing qualifications for said members; providing for the establishment of bonded warehouses and a free port, foreign trade zone, method and time of elections; prescribing the powers of said board; or area for the reception from foreign countries of articles or commerce establishing the duties of said board; establishing the organization of both within and without the territorial boundaries of Duval County; said board; setting the compensation of said board; providing for providing an effective date. meetings of the board; providing books to be audited and for the keeping of such books as public records; providing for the adoption of a budget; Proof of publication of the required notice was attached. granting said board the power of eminent domain; granting said board the power to tax; providing for the employment of a director and for the First reading by publication (Art. III, s. 7, Florida Constitution). advertisement of certain contracts; providing for the penalty for damage to property; setting out the purpose for said district; providing for the By Representative Ryan— duties of the director of the Monroe County health unit; setting out an HB 947—A bill to be entitled An act relating to dependent children; alternate plan discretionary with the board of commissioners for amending s. 39.01, F.S.; providing a definition; amending ss. 39.0015 relieving the board of commissioners of the duty; providing for the public distribution of mix; repealing all conflicting laws; granting to the district and 39.302, F.S.; correcting cross references; amending s. 39.407, F.S.; such powers as are provided for mosquito control districts under the providing requirements for issuance of a court order authorizing laws of this state; providing for liberal construction; providing for dispensing of psychotropic medication to a child in shelter status or severability; providing an effective date. foster care; providing for prior review of the child’s medical history and evidence demonstrating that the treatment is appropriate for the child’s Proof of publication of the required notice was attached. condition; providing for periodic court review of the child’s progress; providing conditions for suspension of the treatment; providing for First reading by publication (Art. III, s. 7, Florida Constitution). further medical consultation, including second opinions, prior to By Representative Wiles— issuance of an order authorizing such medication; providing an exception for the dispensing of such medication in an acute care setting; HB 939—A bill to be entitled An act relating to the St. Augustine-St. providing an effective date. Johns County Airport Authority and the St. Augustine-St. Johns County Airport Authority District, a special taxing district in St. Johns County; First reading by publication (Art. III, s. 7, Florida Constitution). providing for codification of special laws regarding special districts pursuant to chapter 97-255, Laws of Florida; providing legislative By Representative Trovillion— intent; codifying and reenacting chapter 63-1853, Laws of Florida, as amended; providing district status and boundaries; providing powers; HB 949—A bill to be entitled An act relating to sexually violent providing for applicability of chapters 298 and 189, Florida Statutes, offenders; amending s. 394.913, F.S.; requiring the agency with and other general laws; providing an Authority charter; providing for jurisdiction over a person convicted of a sexually violent offense to liberal construction; providing a saving clause in the event any provision provide earlier notice of the offender’s anticipated release; revising the of the act is deemed invalid; repealing all prior special acts of the time for preparing the assessment as to whether the offender is a Legislature relating to the St. Augustine-St. Johns County Airport sexually violent predator; amending s. 394.917, F.S.; requiring Authority; providing an effective date. detainees to be segregated from other patients; amending s. 394.929, F.S.; revising a catchline; 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 Representative Kallinger— By Representative Detert— HB 951—A bill to be entitled An act relating to certified audits; HB 941—A bill to be entitled An act relating to school district amending ss. 213.053, 213.21, 213.285, F.S.; postponing the repeal of reemployment; amending s. 121.091, F.S.; providing for school district reemployment of certain personnel upon retirement; providing for the provisions relating to the certified audits project; providing an effective payment of accrued and future retirement benefits; providing an date. effective date. First reading by publication (Art. III, s. 7, Florida Constitution). First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Carassas— By Representative Gibson— HB 953—A bill to be entitled An act relating to Pinellas County; HB 943—A bill to be entitled An act relating to the North Lake amending chapter 75-489, Laws of Florida, as amended; revising County Hospital District, Lake County; codifying special laws relating provisions relating to adoptions of codes; providing for severability; to the district; providing legislative intent; amending, codifying, providing an effective date. reenacting, and repealing chapters 95-508 and 97-332, Laws of Florida; providing district boundaries; providing definitions; providing for a Proof of publication of the required notice was attached. board of trustees as the governing body of the district; prescribing the powers and duties of the board; providing for compensation and First reading by publication (Art. III, s. 7, Florida Constitution). meetings of the board; providing a principal office of the district; By Representative Cusack— authorizing the board to levy an annual ad valorem tax upon taxable property within the district; providing for purpose of the tax; providing HB 955—A bill to be entitled An act relating to the City of Lake for a method for such levy; exempting property of the district for Helen, Florida; codifying, reenacting, and amending the Charter of the assessment; prohibiting the board from transferring control of the City of Lake Helen; providing a short title; providing for a Florida district’s hospitals or facilities except upon approval by referendum; municipal corporation, the City of Lake Helen, Florida, to continue in providing for severability; providing an effective date. existence with the same boundaries as are in effect on the effective date Proof of publication of the required notice was attached. of this act; providing for municipal powers; providing for the composition of a City Commission, including a Mayor and four City Commissioners First reading by publication (Art. III, s. 7, Florida Constitution). representing four City Commission zones with all elected at large; 68 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 providing for qualifications for office; providing for election to office; Davie; providing for annexation of certain lands into the Town of providing for terms of office; providing for powers and duties of the City Southwest Ranches; providing for confirmation of corporate existence of Commission; providing for the powers and duties of the Mayor and Vice the Town of Southwest Ranches on June 6, 2000; providing an effective Mayor; providing for compensation and expenses; providing for date. vacancies, forfeiture of office, suspension, recall, and the filling of vacancies; providing for public meetings, quorums, and public records; Proof of publication of the required notice was attached. providing for a limitation on employment; providing for the City First reading by publication (Art. III, s. 7, Florida Constitution). Administrator and City Attorney as charter officers; providing for qualifications, powers and duties of charter officers; providing for By Representative Ritter— budgets and appropriations; providing for electors and elections; providing for the amendment of the City Charter; providing for HB 967—A bill to be entitled An act relating to Broward County; standards of conduct; providing for the preservation of ordinances; extending the corporate limits of the Town of Lauderdale-By-The-Sea; providing for the rights of officers and employees; providing for pending providing an effective date. matters; providing for a saving clause; providing for severability; Proof of publication of the required notice was attached. 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 Cusack— First reading by publication (Art. III, s. 7, Florida Constitution). HB 969—A bill to be entitled An act relating to the West Volusia By Representative Farkas— Hospital Authority, an independent special tax district of the State of HB 957—A bill to be entitled An act relating to the Lealman Special Florida in Volusia County, Florida; codifying the authority’s charter; Fire Control District, Pinellas County; amending sections 3(2) and 11 of providing legislative intent; providing minimum charter requirements section 1 of chapter 2000-426, Laws of Florida; providing authority of in accordance with s. 189.404(3), Florida Statutes; eliminating full faith the district with respect to land that is annexed by a municipality or and credit, ad valorem tax bonding capacity; revising indigence other fire control district; providing for collection and payment of fire provisions; clarifying purpose and powers; harmonizing with general services taxes or assessments by such municipality or other district; law; reducing maximum allowable millage rate; repealing all prior providing for future repeal of the amendments made by the act; special acts related to the West Volusia Hospital Authority; providing an providing effective dates. 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 Kosmas— By Representative Atwater—

HB 959—A bill to be entitled An act relating to Volusia County; HB 971—A bill to be entitled An act relating to the Loxahatchee River providing for extension of the corporate limits of the City of South Environmental Control District, in portions of Palm Beach and Martin Daytona and the City of Port Orange; providing for the annexation of the Counties, including the Town of Jupiter, Jupiter Inlet Colony, Juno unincorporated areas lying between the City of South Daytona and the Beach, and the Village of Tequesta, generally defined as the City of Port Orange; providing an effective date. Loxahatchee River Basin; providing for codification; providing legislative intent; providing the district is an independent multicounty Proof of publication of the required notice was attached. special district; providing district status and boundaries; providing for applicability of chapter 189, Florida Statutes, and other general laws; First reading by publication (Art. III, s. 7, Florida Constitution). providing for the election of a five-member Board; providing powers and By Representative Negron— duties with regard to sewage disposal, solid waste management, discharge of storm drainage and water supply drainage, and water HB 961—A bill to be entitled An act relating to Jupiter Inlet District, supply within the district; providing for the financing of the district, Palm Beach County; amending chapter 2000-412, Laws of Florida, to including the levying of ad valorem taxes if approved at a referendum; increase the compensation of commissioners; providing an effective providing for liberal construction; codifying, amending, reenacting, and date. repealing special acts relating to the district; providing severability; 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 Mayfield— By Representative Atwater— HB 963—A bill to be entitled An act relating to Indian River County; providing for career service for employees of the Indian River County HB 973—A bill to be entitled An act relating to the City of West Palm Sheriff’s Office; providing for application of the act, permanent status of Beach, Palm Beach County; amending and readopting section 16 of employees, and administration; providing for a procedure with respect chapter 24981, Laws of Florida, 1947, as amended, relating to the West to complaints against employees; providing for a disciplinary procedure Palm Beach Police Pension Fund; providing for the creation of the fund; and for appeals; providing for career service appeals boards; providing providing definitions; providing for a board of trustees; providing for for status as permanent employees; providing severability; prohibiting professional and clerical services; providing for reports, experience certain actions to circumvent the act; providing an effective date. tables, and regular interest; providing for membership; providing for service credit; providing for age and service requirements for Proof of publication of the required notice was attached. retirement; providing for retirement pension calculation; providing for cost-of-living adjustments; providing for Chapter 185 share accounts; First reading by publication (Art. III, s. 7, Florida Constitution). providing for supplemental pension distribution; providing for Deferred By Representative Ritter— Retirement Option Plan; providing for nonduty disability pension; providing for duty disability pension; providing for conditions applicable HB 965—A bill to be entitled An act relating to Broward County, to all disability retirants; providing for death benefits; providing for Florida; providing for deannexation of certain lands from the Town of workers’ compensation offsets; providing for members’ contributions January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 69 and refunds; providing for sources of revenue; providing for for the administration of the affairs of said district by a board of nine investments; providing for continuation of existing benefits; prohibiting trustees and defining their powers and duties; providing for the assignments; providing for subrogation rights; providing applicability of qualification of electors in the district and the manner of conducting the ordinances; providing review procedures; providing for lump sum first election of trustees and for annual election of trustees thereafter; payment of small retirement income; providing for pickup of member providing for removal of trustees and appointment to fill vacancies; contributions; providing for Internal Revenue Code limits; providing for providing for the assessment and collection of a recreation district tax required distributions; providing for rollovers from qualified plans; assessed against each improved residential parcel of real property providing for transfer of leave; providing for rollover distributions; within the district; providing that such district tax shall be a lien providing miscellaneous requirements; providing for actuarial against each parcel of land so assessed and for the method of collecting assumptions; repealing all laws in conflict herewith; providing an such tax; providing for the deposit and disbursement of funds of the effective date. district; establishing a fiscal year and providing for publication of Proof of publication of the required notice was attached. annual financial statements; authorizing the trustees of the district to issue bonds and other obligations of the district and to secure the same First reading by publication (Art. III, s. 7, Florida Constitution). by pledge of tax revenues and other property of the district; authorizing the trustees of the district to acquire and dispose of real and personal By Representative Atwater— property for the general purpose of the district; authorizing the trustees HB 975—A bill to be entitled An act relating to the City of West Palm of the district to promulgate rules and regulations for the use of facilities Beach, Palm Beach County, relating to the West Palm Beach of the district; providing for the abolishment of the district; providing Firefighters Pension Fund; amending and readopting section 17 of conditions precedent to the filing of suit against the district or any of the chapter 24981, Laws of Florida, 1947, as amended; providing for the trustees thereof, and relieving individual trustees from personal creation of the fund; providing for professional and clerical services; liability for obligations of the district; defining terms; providing for a providing for sources of revenue; providing for custodian of funds; special referendum within the district before this act may become providing for service pensions; providing for disability pensions, medical effective; providing an effective date. examinations, and return to work; providing for beneficiary benefits; providing that acceptance of pension is no bar to subsequent work; Proof of publication of the required notice was attached. providing that pension is not assignable or subject to garnishment; First reading by publication (Art. III, s. 7, Florida Constitution). providing for transfer of funds; providing for ordinances applicable; providing for existing benefits to continue; providing for workers’ By Representative Kottkamp— compensation offset; providing for actuarial valuations; providing for review procedures; providing for lump sum payments of small HB 983—A bill to be entitled An act relating to Lee County; creating retirement income; providing for pickup of employee contributions; the Village of Captiva; providing a charter; providing a short title; providing for Internal Revenue Code limits; providing for required providing legislative intent; providing for incorporation; providing for a distributions; providing for miscellaneous requirements; providing for council-manager form of government; providing powers and duties; rollover provisions; providing for rollovers from qualified plans; providing for a village council and its membership, including mayor, vice providing for actuarial assumptions; providing for addition of prior mayor, and mayor pro tem, qualifications and terms of office, powers firefighter service; repealing all laws in conflict herewith; providing an and duties, absence of compensation, expenses, and prescribed effective date. procedures relating to vacancies, including forfeiture of office, suspension, and recall; providing for meetings; providing for Proof of publication of the required notice was attached. recordkeeping; providing certain restrictions; providing for charter First reading by publication (Art. III, s. 7, Florida Constitution). officers and their appointment, removal, compensation, filling of vacancies, qualifications, and powers and duties; establishing a fiscal By Representative Slosberg— year; providing for a budget, appropriations, amendments, and limitations; providing for elections and matters relating thereto; HB 977—A bill to be entitled An act relating to offenses involving defining boundaries of the Village; specifying general provisions vehicle identification numbers; amending s. 319.33, F.S.; revising the relating to charter review and amendment and standards of conduct; elements of the offense of possessing, selling or offering for sale, concealing, or disposing of a motor vehicle or mobile home, or major providing for severability; providing for a referendum, initial election of component part thereof, on which the motor number or vehicle council members, transition services and compensation, first-year identification number has been destroyed, removed, covered, altered, or expenses, specified transitional matters, and state shared and gas tax defaced; providing penalties; providing an effective date. revenues; providing a contingent effective date.

First reading by publication (Art. III, s. 7, Florida Constitution). Proof of publication of the required notice was attached.

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

HB 979—A bill to be entitled An act relating to Cedar Hammock Fire By Representative Ritter— Control District; providing legislative intent; amending chapter 2000- HB 985—A bill to be entitled An act relating to the Central Broward 391, Laws of Florida; providing for incorporation as a special fire control district; providing a district boundary; providing for a governing board Water Control District, Broward County; amending chapter 98-501, of said district; providing for non-ad valorem assessments and impact Laws of Florida; providing for the election of commissioners; providing fees; providing a schedule of non-ad valorem assessments; providing for for redistricting of commissioners’ zones; providing for qualifying dates; district powers, functions, and duties; providing for construction and revising provisions relating to terms of office; providing an effective effect; providing an effective date. 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 Bennett— By Representative Ritter—

HB 981—A bill to be entitled An act relating to the Trailer Estates HB 987—A bill to be entitled An act relating to Broward County; Park and Recreation District, Manatee County; codifying, reenacting, providing for extending the corporate limits of the City of Cooper City; amending, and repealing special acts relating to the district; providing providing for annexation of specified unincorporated land; providing for 70 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 an election; providing for an effective date of annexation; providing an of Florida; providing district status and boundaries; providing for effective date. applicability of chapters 298 and 189, Florida Statutes, and other general laws; providing a district charter; providing for liberal Proof of publication of the required notice was attached. construction; providing a saving clause in the event any provision of the First reading by publication (Art. III, s. 7, Florida Constitution). act is deemed invalid; providing an effective date. By Representative Ritter— Proof of publication of the required notice was attached.

HB 989—A bill to be entitled An act relating to Broward County; First reading by publication (Art. III, s. 7, Florida Constitution). amending chapter 91-355, Laws of Florida; amending the Broward By Representative Bucher— County Natural Resource Protection Act; clarifying legislative intent; amending the definition of pollution; authorizing the Board of County HB 1001—A bill to be entitled An act relating to Indian Trail Commissioners of Broward County to issue notices of hearing to assess Improvement District, Palm Beach County; providing for codification of a civil penalty for violations that are substantial transgressions from the special laws relating to the Indian Trail Improvement District, a special requirements of the code; amending provisions relating to the issuance tax district of the state; providing legislative intent; codifying, of citations; providing an effective date. reenacting, and amending chapters 57-646, 67-692, 80-569, 82-352, 83- 491, 88-501, 89-465, 90-446, 92-261, 97-326, and 99-473, Laws of Proof of publication of the required notice was attached. Florida; providing for minimum charter requirements; amending the First reading by publication (Art. III, s. 7, Florida Constitution). boundaries of the District to include additional lands; providing for Supervisor qualifications, terms of office, election procedures, and By Representative Ritter— compensation; providing for a referendum; providing for provisions of other laws made applicable; providing for ratification of prior actions; HB 991—A bill to be entitled An act relating to Broward County; repealing chapters 57-646, 67-692, 80-569, 82-352, 83-491, 88-501, 89- providing for extending the corporate limits of the City of Fort 465, 90-446, 92-261, 97-326, and 99-473, Laws of Florida, relating to the Lauderdale or the City of Plantation; providing for annexation of the Indian Trail Improvement District; providing for liberal construction; unincorporated area known as “Broadview Park”; providing for an providing for severability; providing an effective date. election; providing for an effective date of annexation; providing for an interlocal agreement; providing for a continuation of certain Broward Proof of publication of the required notice was attached. County regulations; providing for the transfer of public roads and rights- of-way; 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 Meadows— First reading by publication (Art. III, s. 7, Florida Constitution). HB 1003—A bill to be entitled An act relating to discretionary sales surtaxes; amending s. 212.055, F.S.; authorizing levy of such surtax by By Representative Ritter— the largest municipality in any county with a population greater than 1 million; providing the rate thereof; requiring referendum approval; HB 993—A bill to be entitled An act relating to Broward County; providing requirements for such levy; providing for use of the proceeds; amending chapter 27438, Laws of Florida, 1951, as amended, relating amending s. 212.054, F.S.; including levy of a discretionary sales surtax to the North Broward Hospital District; providing that the North by a municipality in provisions which provide for the administration, Broward Hospital District is not a “public body” or “taxing authority” for collection, enforcement, and distribution of such surtaxes; amending ss. the purposes of pt. III of ch. 163, F.S.; providing an exception with 202.19, 202.20, and 212.0596, F.S., relating to local communications respect to community redevelopment agencies created before a specified services taxes and taxation of mail order sales, to conform; providing date; providing a retroactive effective date. effective dates. 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 Spratt— By Representative Ritter— HB 1005—A bill to be entitled An act relating to Glades County; HB 995—A bill to be entitled An act relating to the Cities of Coral providing for career service; specifying rights of certain employees of the Springs, Coconut Creek, and Margate, Broward County; clarifying and Glades County Sheriff; providing definitions; providing proceedings and delineating the corporate limits of the Cities of Coral Springs, Coconut provisions with respect to dismissal; providing for transition between Creek, and Margate to include specified lands within said corporate administrations; providing for appeals procedures; providing for career limits; providing an effective date. appeals boards; 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 Bennett— By Representative Ritter—

HB 997—A bill to be entitled An act relating to Bayshore Gardens HB 1007—A bill to be entitled An act relating to Broward County; Park and Recreation District, Manatee County; providing for providing for extending the corporate limits of the City of Cooper City codification; providing legislative intent; providing district status and or the Town of Davie or such other neighboring municipality chosen for boundaries; providing for applicability of chapters 418 and 189, Florida annexation; providing for annexation of the unincorporated area known Statutes, and other general laws; providing a district charter; providing as “United Ranches”; providing for an election; providing for an effective for liberal construction; providing for severability; repealing chapters date of annexation; providing for the transfer of public roads and rights- 79-509 and 97-357, Laws of Florida; providing an effective date. of-way; 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 Negron— By Representative Ritter—

HB 999—A bill to be entitled An act relating to the Troup-Indiantown HB 1009—A bill to be entitled An act relating to the City of North Water Control District, Martin County; amending chapter 63-819, Laws Lauderdale, Broward County; extending and enlarging the corporate January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 71 limits of the City of North Lauderdale to include specified property from execution; providing minimum charter requirements in unincorporated lands within said corporate limits; providing for a accordance with section 189.404, Florida Statutes; providing for referendum; providing for powers and responsibilities of the City of construction, effect, and conflict; repealing chapters 67-924, 82-274, 86- North Lauderdale; providing for protecting certain uses in the annexed 355, and 99-426, Laws of Florida; providing an effective date. area; specifying no change in land use designations or zonings within the annexed area under certain circumstances; transferring public Proof of publication of the required notice was attached. roads and public rights-of-way; specifying municipal powers of the City First reading by publication (Art. III, s. 7, Florida Constitution). of North Lauderdale; providing for protection of contract rights; providing for preemption; providing an effective date. By Representative Ritter—

Proof of publication of the required notice was attached. HB 1019—A bill to be entitled An act relating to Broward County; providing for extending the corporate limits of the City of Plantation; First reading by publication (Art. III, s. 7, Florida Constitution). providing for annexation of the unincorporated area known as “Broward Estates”; providing for an election; providing for an effective date of By Representative Ritter— annexation; providing for an interlocal agreement; providing for continuation of certain Broward County regulations; providing for the HB 1011—A bill to be entitled An act relating to Broward County; transfer of public roads and rights-of-way; providing an effective date. extending the corporate limits of the Cities of Fort Lauderdale, Lauderdale Lakes, and Oakland Park; providing for annexation of the Proof of publication of the required notice was attached. unincorporated area known as “Rock Island”; providing for a study; providing for an election; providing for a runoff election; providing for an First reading by publication (Art. III, s. 7, Florida Constitution). effective date of annexation; providing for an interlocal agreement; By Representative Ritter— providing for a continuation of certain Broward County regulations; providing for the transfer of public roads and rights-of-way; providing an HB 1021—A bill to be entitled An act relating to the City of Coral effective date. Springs, Broward County; extending and enlarging the corporate limits of the City of Coral Springs to include specified unincorporated lands Proof of publication of the required notice was attached. within said corporate limits; 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 Ritter— First reading by publication (Art. III, s. 7, Florida Constitution). HB 1013—A bill to be entitled An act relating to Broward County; By Representative Ritter— extending the corporate limits of the City of Hollywood and the Town of Pembroke Park; providing for annexation of specified unincorporated HB 1023—A bill to be entitled An act relating to the City of Coconut lands; providing for an election; providing for effective dates of Creek, Broward County; extending and enlarging the corporate limits of annexation; providing for a continuation of certain Broward County the City of Coconut Creek to include specified unincorporated lands regulations; providing for the transfer of public roads and rights-of-way; within said corporate limits; providing an effective 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 Ritter— By Representative Ritter— HB 1025—A bill to be entitled An act relating to Broward County; HB 1015—A bill to be entitled An act relating to Broward County; requiring that licenses and permits for surface water management extending and enlarging the corporate limits of the City of Deerfield activities issued by any special district or municipality in Broward County be renewed or recertified every 5 years to ensure design level Beach and the City of Pompano Beach to include specified water quality treatment and flood protection; providing that existing unincorporated lands within said corporate limits; providing for a licenses and permits that exceed a 5-year period be brought into referendum; providing an effective date. compliance within a 6-year period; exempting the South Florida Water Proof of publication of the required notice was attached. Management District from the provisions of the act; defining “special district” for purposes of the act; 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 Ritter— First reading by publication (Art. III, s. 7, Florida Constitution). HB 1017—A bill to be entitled An act relating to the Plantation Acres Improvement District, Broward County; providing for codification of By Representative Ritter— special laws relating to the Plantation Acres Improvement District HB 1027—A bill to be entitled An act relating to Broward County; pursuant to section 189.429, Florida Statutes; providing legislative providing for extending the corporate limits of the towns of Davie and intent; codifying, reenacting, and amending chapters 67-924, 82-274, 86- Pembroke Park and the cities of Fort Lauderdale, Plantation, 355, and 99-426, Laws of Florida; providing for creation, status, charter Hollywood, Cooper City, Lauderdale Lakes, North Lauderdale, Oakland amendments, and boundaries; providing for applicability of certain Park, Coral Springs, Margate, Coconut Creek, Deerfield Beach, and provisions of chapter 298, Florida Statutes; providing definitions; Pompano Beach; providing for annexation of specified unincorporated providing for a board of supervisors and powers and duties; providing for lands; providing for conditions of annexation; providing for a district manager and treasurer; providing for board member referendums; providing an effective date. compensation; providing for a seal; authorizing the board to establish its fiscal year; providing annual budget procedures; providing for a water Proof of publication of the required notice was attached. control plan; providing for assessments and taxes; authorizing the issuance of bonds; providing for liens; providing for use of district First reading by publication (Art. III, s. 7, Florida Constitution). facilities and services; requiring bids for certain purchases; authorizing By Representative Ryan— the district’s use of rights-of-way; authorizing the board to enter into agreements with other political bodies; providing for action by HB 1029—A bill to be entitled An act relating to the City of Hialeah; landowners; providing for enforcement and penalties; exempting district providing for the relief of Jose Pena, as Personal Representative of the 72 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

Estate of Carmen Pena, deceased, and individually, as surviving father said Pension Fund for past service; amending chapter 23559 (1945), of Katherine Pena and Richard Pena, deceased minor children of Laws of Florida, as amended, relating to the General Employees’ Carmen Pena, deceased, and Jose Pena; providing for the relief of Pension Plan of the City of Tampa; revising the benefits to certain Johammes Pena, surviving son of Carmen Pena; providing for an firefighters and police officers; providing that the act is contingent upon appropriation to compensate them for the death of Carmen Pena, execution of a contract between the city and the bargaining agents for Katherine Pena, and Richard Pena as a result of the negligence of the the firefighters and police officers; providing that active firefighters and City of Hialeah; providing an effective date. police officers must execute certain supplemental contract provisions by a date certain or forever be barred from doing so; confirming in part the Proof of publication of the required notice was attached. City of Tampa Firefighters and Police Officers Pension Contract; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Ball— Proof of publication of the required notice was attached.

HB 1031—A bill to be entitled An act relating to Brevard County; First reading by publication (Art. III, s. 7, Florida Constitution). codifying, pursuant to s. 189.429, F.S., special acts relating to the A. By Representative Kottkamp— Max Brewer Memorial Law Library; amending, reenacting, and codifying chapter 30599, Laws of Florida, 1955, and chapters 57-1155, HB 1039—A bill to be entitled An act relating to the City of Cape 61-1916, and 74-431, Laws of Florida; providing legislative intent; Coral, Lee County; amending chapter 70-623, Laws of Florida, as providing a district charter; eliminating obsolete provisions; repealing amended; extending the territorial limits of the City of Cape Coral; chapter 30599, Laws of Florida, 1955, and chapters 57-1155, 61-1916, providing an effective date. and 74-431, Laws of Florida; providing severability; 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 Green—

By Representative Green— HB 1041—A bill to be entitled An act relating to the South Trail Fire Protection and Rescue Service District, Lee County; providing for HB 1033—A bill to be entitled An act relating to the Bayshore Fire deannexation of certain lands currently included within the district; Protection and Rescue Service District, Lee County; providing for providing an effective date. codification of special laws relating to the District; amending, codifying, reenacting, and repealing all prior special acts; providing definitions; Proof of publication of the required notice was attached. providing for creation, status, charter amendments, and boundaries; First reading by publication (Art. III, s. 7, Florida Constitution). providing for a board of commissioners and powers, duties, and responsibilities; providing authority to levy ad valorem taxes and By Representative Green— non-ad valorem assessments; providing for the District’s fiscal year; providing for deposit of District funds; authorizing the District to borrow HB 1043—A bill to be entitled An act relating to Lehigh Acres Fire money; providing for use of District funds; authorizing the board to Control and Rescue District, Lee County; providing for deannexation of adopt policies, regulations, and a fire prevention code; providing for certain lands currently included within the district; providing an liberal construction; providing severability; providing an effective date. 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 Green— By Representative Baker—

HB 1035—A bill to be entitled An act relating to the Fort Myers HB 1045—A bill to be entitled An act relating to Volusia County; Beach Public Library District, Lee County; providing legislative intent; providing a short title; creating the West Volusia Hospital Authority; providing for codification of the special laws relating to the Fort Myers specifying boundaries; specifying the organization and membership of a Beach Public Library District pursuant to section 189.429, Florida governing board of the authority; providing the qualifications and duties Statutes; codifying, reenacting, and amending all prior special acts; of the members of the governing board; providing the method for election creating and establishing a public library district as an independent of the governing board; authorizing the governing board to provide district in Lee County and fixing the boundaries of the District; funding to hospitals which provide indigent health care; requiring the providing for a governing body; prescribing the powers of the board; governing board to levy a tax to fund such services; providing procedures authorizing the board to make policies, rules, and regulations; providing for the tax levy; requiring an annual financial report and audit from the for assessing and collecting taxes and assessments; providing for liberal medical provider receiving the tax funds; authorizing the governing construction; providing for severability; repealing chapters 65-1823, 75- board to expend its funds for the authority; requiring the governing 418, 79-489, 79-491, 81-414, 85-441, and 91-404, Laws of Florida, board to periodically file financial statements of the authority; relating to the District; providing an effective date. authorizing the governing board to accept certain funds; repealing obsolete laws relating to the authority; 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 Representatives Murman, Byrd, Alexander, Romeo, Joyner, Peterman, Henriquez, Bilirakis, Littlefield, and Hart— By Representative Davis—

HB 1037—A bill to be entitled An act relating to the City of Tampa, HB 1047—A bill to be entitled An act relating to the Municipal Hillsborough County, and particularly to the City Pension Fund for Service District of Ponte Vedra Beach, St. Johns County; amending Firefighters and Police Officers in the City of Tampa; authorizing the chapter 82-375, Laws of Florida, as amended; providing for District City of Tampa to enter into a supplemental contract with certain Trustees to notify the Board Chair and Governor in the case of firefighters and police officers to revise the benefit reduction provisions resignation; providing for a notice of a vacancy in the Board of Trustees; of said Pension Fund; providing for the purchase of creditable service in providing for appointment of a District Trustee in case of vacancy; January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 73 providing for creation of subdistricts; providing for taxation of By Representative Simmons— subdistricts; providing that expenditures over a certain amount on capital projects must be approved by electors of the district; providing HB 1057—A bill to be entitled An act relating to driving or boating a limit on amount that may be spent on an unbudgeted capital project; under the influence of alcohol or controlled substances; amending s. 316.193, F.S.; reducing the number of convictions required for a felony providing a definition; providing for public hearings for proposed DUI; amending conditions for conviction in cases of accident, serious amendments to the act every 10 years; providing for a referendum; bodily injury, or death; removing a cross reference; allowing a law providing an effective date. enforcement officer to place a person in protective custody under certain Proof of publication of the required notice was attached. circumstances; requiring a person placed in protective custody to pay reasonable costs of evaluation and treatment under certain First reading by publication (Art. III, s. 7, Florida Constitution). circumstances; amending s. 316.1932, F.S.; requiring a law enforcement officer to inform a person that refusal to submit to certain tests is a By Representative Ross— misdemeanor; amending s. 316.1933, F.S.; requiring a person to submit to a blood test under certain circumstances; providing that the test need HB 1049—A bill to be entitled An act relating to the City of Lakeland; not be incidental to a lawful arrest; providing that a breath-alcohol test amending section (9)(b) of Division I of Part I of the amended Charter may substitute for a blood-alcohol test under certain circumstances; of the City of Lakeland, 1976; revising the type of utility the sale, lease, creating s. 316.1939, F.S.; providing a penalty for refusing to submit to or disposal of which must be authorized by a two-thirds vote of the city’s a chemical or physical test of breath, urine, or blood; providing electors; defining “electric utility” for the purpose of the act; providing application; amending s. 327.35, F.S.; reducing the number of an effective date. convictions required for a felony BUI; amending conditions for conviction in cases of accident, serious bodily injury, or death; correcting Proof of publication of the required notice was attached. cross references; allowing a law enforcement officer to place a person in First reading by publication (Art. III, s. 7, Florida Constitution). protective custody under certain circumstances; requiring a person placed in protective custody to pay reasonable costs of evaluation and By Representative Prieguez— treatment under certain circumstances; amending s. 327.352, F.S.; requiring a law enforcement officer to inform a person that refusal to HB 1051—A bill to be entitled An act relating to lead poisoning submit to certain tests is a misdemeanor; amending s. 327.353, F.S.; prevention; creating the “Florida Lead Poisoning Prevention Act of requiring a person to submit to a blood test under certain circumstances; 2002”; providing legislative findings; providing definitions; establishing providing that the test need not be incidental to a lawful arrest; the Lead-Based Paint Hazard Reduction Program within the providing that a breath-alcohol test may substitute for a blood-alcohol Department of Business and Professional Regulation; providing for the test under certain circumstances; creating s. 327.359, F.S.; providing a adoption of rules for the licensing or certification of persons performing penalty for refusing to submit to a chemical or physical test of breath, lead hazard detection and lead hazard reduction services; providing rule urine, or blood; providing application; creating s. 397.6755, F.S.; criteria; requiring the establishment of fees for the approval of training specifying grounds for which a court may determine that criteria exist programs; requiring the department to establish training and licensure for involuntary admission and treatment of certain persons; requiring requirements; requiring the department to establish specified fees; payment for such evaluation and treatment from a certain fund; prohibiting the performance of, or training of persons to perform, any requiring persons placed in such involuntary custody to reimburse the lead-based paint activities regulated under the act without appropriate provider of services under certain circumstances; amending s. 921.0022, licensure or certification; providing exceptions; requiring the F.S.; revising language relating to certain DUI offenses; including department to adopt rules establishing standards of professional certain BUI offenses within the offense severity ranking chart; conduct for the performance of lead hazard detection and lead hazard amending s. 938.07, F.S.; providing for application of a fee to persons found guilty of boating under the influence; correcting a cross reference; reduction activities and grounds for reprimand of a licensee, suspension providing an effective date. or revocation of a license, and denial of issuance or renewal of a license; authorizing the department to promulgate rules for the implementation First reading by publication (Art. III, s. 7, Florida Constitution). and enforcement of the act; providing a civil penalty; requiring the department to provide current federal regulations to persons licensed or By Representative Harper— certified under the act; authorizing the department to issue corrective HB 1059—A bill to be entitled An act relating to substance abuse; orders for violations of the act; providing a penalty; providing an creating s. 948.201, F.S., the “Substance Abuse and Crime Prevention effective date. Act”; providing findings and purpose; providing definitions; providing First reading by publication (Art. III, s. 7, Florida Constitution). for assignment of certain nonviolent drug offenders to rehabilitative treatment programs; providing conditions of such assignment; providing By Representative Sobel— conditions for subsequent prosecution; providing for an annual accountability and evaluation study; providing applicability to other HB 1053—A bill to be entitled An act relating to newborn infant provisions of law; providing severability; providing prospective screening; authorizing formation of a study group under Children’s applicability; providing a contingent effective date. Medical Services of the Department of Health; providing purpose; providing membership; requiring recommendations and a plan for First reading by publication (Art. III, s. 7, Florida Constitution). expanding newborn infant screening requirements; requiring a report to By Representative Harper— the Legislature; providing an effective date. HB 1061—A bill to be entitled An act relating to trust funds; creating First reading by publication (Art. III, s. 7, Florida Constitution). s. 948.203, F.S.; creating the Substance Abuse Treatment Trust Fund By Representative Baxley— within the Department of Corrections; providing appropriations and authorizing other sources of funds; providing for distribution and use of HB 1055—A bill to be entitled An act relating to financial reports; funds deposited in the trust fund; providing for annual carryforward of amending s. 689.265, F.S.; providing requirements with respect to unused funds; providing for future review and termination or re- financial reports required with respect to certain residential creation of the trust fund; providing a contingent effective date. subdivisions; providing requirements with respect to required financial First reading by publication (Art. III, s. 7, Florida Constitution). reports; providing for posting of the financial report; requiring the developer or owner to make available all financial data used to prepare By Representative Stansel— the report; providing a penalty; providing an effective date. HB 1063—A bill to be entitled An act relating to Lafayette County; First reading by publication (Art. III, s. 7, Florida Constitution). repealing chapter 80-518, Laws of Florida, which created the Lafayette 74 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

County Recreation Board; transferring assets and liabilities of the board vacancies, including forfeiture of office, suspension, and recall; to the Board of County Commissioners; providing an effective date. providing for meetings; providing for recordkeeping; providing certain restrictions; providing for charter officers and their appointment, Proof of publication of the required notice was attached. removal, and compensation, filling of vacancies, qualifications, First reading by publication (Art. III, s. 7, Florida Constitution). residency requirements, and powers and duties; establishing a fiscal year; providing for a budget, appropriations, amendments, and By Representative Machek— limitations; providing for elections and matters relating thereto; defining boundaries of the city; specifying general provisions relating to HB 1065—A bill to be entitled An act relating to the Lake Worth charter review and amendment, adjustment of districts, and standards Drainage District, Palm Beach County; amending section 2 of chapter 98-525, Laws of Florida; providing a limitation of the district’s liability of conduct; providing for severability; providing for a referendum, initial from third-party use of district lands, rights-of-way, works, and election of council members, transition services and compensation, first- easements for authorized, permitted, or licensed activities or facilities or year expenses, specified transitional matters, and state shared and gas for outdoor recreational purposes; providing an effective date. tax revenues; providing effective dates.

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 McGriff—

By the Committee on Health Promotion; Representative Littlefield— HB 1073—A bill to be entitled An act relating to Alachua County; amending the Alachua County Home Rule Charter to authorize the HB 1067—A bill to be entitled An act relating to public records; county to adopt by charter amendment restrictions more stringent than amending s. 383.51, F.S.; providing an exemption from public records those imposed by general law on campaign financing in regard to requirements for information that identifies a parent who leaves a candidates for elective county offices identified in the charter; providing newborn infant at an emergency medical services station; providing an for a referendum; providing an effective date. exception; providing for future review and repeal; providing a finding of public necessity; providing an effective date. First reading by publication (Art. III, s. 7, Florida Constitution).

First reading by publication (Art. III, s. 7, Florida Constitution). By Representative Dockery— By Representative Lacasa— HB 1075—A bill to be entitled An act relating to rural land protection; HB 1069—A bill to be entitled An act relating to the Miami-Dade amending s. 201.15, F.S.; providing for the distribution of certain excise County Home Rule Charter; amending the Miami-Dade County Home taxes on documents to the Rural Lands Program Trust Fund of the Rule Charter; providing additional powers of the Board of County Department of Agriculture and Consumer Services; creating s. 215.619, Commissioners; specifying thirteen County Commission districts; F.S.; authorizing the issuance of bonds for rural land protection; requiring the Board to adopt certain reapportionment plan development providing certain conditions; providing for the deposit of proceeds; procedures; providing for salaries of County Commissioners; providing amending s. 570.207, F.S.; providing uses for funds in the Conservation for an acting County Mayor under certain circumstances; providing and Recreation Lands Program Trust Fund; amending s. 570.70, F.S.; requirements; specifying powers and duties of the County Commission; providing conclusions of a study by the department; amending s. 570.71, creating the office of County Mayor; providing for election of the County F.S.; authorizing the use of rural land protection bonds to implement Mayor; specifying powers and responsibilities of the County Mayor; provisions relating to conservation and rural land protection easements providing for Deputy County Mayors; requiring the County Commission and agreements; providing a contingent effective date. to annually appropriate funds to the Executive Office of the County Mayor for certain purposes; revising provisions for election and terms of First reading by publication (Art. III, s. 7, Florida Constitution). County Commissioners; providing for nonpartisan election of a County Supervisor of Elections; providing for powers and duties of the County By Representative Dockery— Supervisor of Elections; providing for disqualification of certain persons to vote or hold office; specifying term limits for County Mayor and HB 1077—A bill to be entitled An act relating to trust funds; creating County Commissioners; providing for a County Comptroller; providing s. 570.209, F.S.; creating the Rural Lands Program Trust Fund within for functions, qualifications, powers, and duties of the County the Department of Agriculture and Consumer Services; providing for Comptroller; specifying restrictions relating to the Office of the County sources of funds and purposes; providing for annual carryforward of Comptroller; revising the administrative organization and procedures of funds; providing for future review and termination or re-creation of the the county; specifying service offices associated with Deputy County trust fund; providing a contingent effective date. Mayors; specifying departments within such service offices; providing for financial planning by the Executive Office of the County Mayor; First reading by publication (Art. III, s. 7, Florida Constitution). providing requirements; providing for county civil service; providing for By Representative Baxley— the Office of County Attorney; providing for demographic, policy, and planning functions; abolishing the office of County Manager and HR 9001—A resolution acknowledging May 2, 2002, as the National transferring to the County Mayor the powers, duties, functions, and Day of Prayer in Florida. responsibilities of the County Manager; revising certain other provisions to conform; 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 on Rules, Ethics & Elections.

By Representative Ball— By Representative Murman—

HB 1071—A bill to be entitled An act relating to Brevard County; HR 9003—A resolution commending the osteopathic physicians of creating the City of Port St. John Charter; providing a short title; this state and recognizing January 31, 2002, as Osteopathic Medicine providing legislative findings; providing for incorporation; providing a Day. council-manager form of government and its powers and duties; providing for a city council and its membership, including mayor and First reading by publication (Art. III, s. 7, Florida Constitution). vice mayor, qualifications and terms of office, powers and duties, compensation and expenses, and prescribed procedures relating to Referred to the Committee on Rules, Ethics & Elections. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 75

By Representative Lynn— amending ss. 229.003 and 229.0073, F.S.; establishing the Office of Inspector General within the Office of the Commissioner of Education; HR 9005—A resolution proclaiming September 2002 as Take Your providing for the organization of the Office of Inspector General; Dad to School Month in Florida. providing the responsibilities of the Office of Inspector General; First reading by publication (Art. III, s. 7, Florida Constitution). requiring the Office of Inspector General to conduct, coordinate, or request investigations; providing the powers, duties, and Referred to the Committee on Rules, Ethics & Elections. responsibilities of the Office of Inspector General; providing an effective date. By Representative Bullard— By the Committee on Insurance; Representatives Gannon and HR 9007—A resolution expressing gratitude and affection to all mothers. Kallinger—

First reading by publication (Art. III, s. 7, Florida Constitution). CS/HB 193—A bill to be entitled An act relating to insurer rehabilitation and liquidation; amending s. 626.9541, F.S.; correcting a Referred to the Committee on Rules, Ethics & Elections. cross reference; amending s. 631.001, F.S.; revising construction and purpose provisions; amending s. 631.011, F.S.; providing additional By Representative Bullard— definitions; revising certain definitions; creating s. 631.015, F.S.; HR 9009—A resolution expressing affection for and gratitude to all providing for reciprocity; creating s. 631.025, F.S.; specifying application fathers. to certain persons and entities; amending s. 631.041, F.S.; correcting a cross reference; creating s. 631.042, F.S.; limiting application of certain First reading by publication (Art. III, s. 7, Florida Constitution). time restrictions; providing for tolling certain time limitations in certain actions; amending s. 631.141, F.S.; authorizing the Department of Referred to the Committee on Rules, Ethics & Elections. Insurance to exercise certain third-party rights; providing an exception; Additional Reference of Bills amending s. 631.154, F.S.; including certain assets within provisions authorizing a receiver to take certain actions; including certain costs CS/HB 323 was further referred to the Committee on Insurance and and expenses of the department in costs and expenses entitled to be remains referred to the Council for Smarter Government. recovered by the receiver under certain circumstances; creating s. 631.156, F.S.; providing for investigations by the department; providing First Reading of Council and Committee Substitutes by department powers; authorizing the department to provide certain Publication information in such investigations; granting the department certain By the Committee on Colleges & Universities; Representatives Baker, discretionary powers; creating s. 631.157, F.S.; providing for civil Bean, Wiles, Cantens, Harrington, Bennett, Allen, Murman, Clarke, actions by receivers; imposing liability on certain persons or entities for Kallinger, Gibson, Bilirakis, Brummer, Paul, Hogan, Attkisson, Harrell, certain actions; specifying amounts of damages; providing construction; Jordan, Melvin, Spratt, Fiorentino, McGriff, and Baxley— providing costs and expenses entitled to be recovered by the receiver under certain circumstances; providing a time certain for bringing CS/HB 7—A bill to be entitled An act relating to determination of certain actions; creating s. 631.3915, F.S.; authorizing the department residency for tuition purposes; providing a title; amending s. 240.1201, to pursue actions for damages or recoveries; amending s. 631.54, F.S.; F.S.; revising provisions relating to determination of residency for revising a definition; amending s. 631.57, F.S.; vesting the Florida tuition purposes to classify certain members of the Florida National Guard as residents for tuition purposes; providing an effective date. Insurance Guaranty Association with the defenses of certain insolvent insurers; creating s. 817.2341, F.S.; specifying certain activities relating By the Committee on Judicial Oversight; Representatives Heyman to false or misleading financial statements or supporting documents as and Gannon— criminal offenses; providing penalties; repealing s. 624.3101, F.S., relating to false or misleading financial statements or supporting CS/HB 17—A bill to be entitled An act relating to retired judges; documents; providing an effective date. amending s. 25.073, F.S.; redefining the term “retired justice” or “retired judge” with respect to certain justices or judges assigned to temporary By the Committee on Insurance; Representatives Gannon and duty; providing an effective date. Kallinger—

By the Committee on Natural Resources & Environmental Protection; CS/HB 195—A bill to be entitled An act relating to public records; Representative Argenziano— providing an exemption from public records requirements for records of CS/HB 101—A bill to be entitled An act relating to environmental insurers subject to delinquency proceedings; providing for future review control; amending s. 403.813, F.S.; revising the exemption from and repeal; providing a finding of public necessity; providing a permitting requirements for the specified removal of aquatic plants, the contingent effective date. removal of tussocks, the associated replanting of indigenous aquatic By the Committee on Crime Prevention, Corrections & Safety; plants, and the associated removal from lakes of organic detrital Representatives Brummer, Wiles, Kravitz, and Hogan— material; providing an exemption from permitting requirements for the removal of organic detrital material from certain freshwater rivers or CS/HB 213—A bill to be entitled An act relating to controlled lakes and the associated removal and replanting of aquatic vegetation substances; amending s. 893.13, F.S.; prohibiting the sale, manufacture, for environmental enhancement; providing an exemption from or delivery of controlled substances, or possession of controlled permitting requirements for specified types of floating vessel platforms substances with intent to sell, manufacture, or deliver, within 1,000 feet or floating boat lifts; providing that such structures are also exempt of any state, county, or municipal park or publicly owned recreational from certain requirements relating to use or occupancy of lands owned by the Board of Trustees of the Internal Improvement Trust Fund; facility; providing penalties; amending s. 921.0022, F.S.; ranking such requiring the Department of Environmental Protection to adopt a rule offenses on the offense severity ranking chart of the Criminal creating a general permit for certain floating vessel platforms by a Punishment Code; providing an effective date. specified date; limiting local government regulation of floating vessel By the Committee on Transportation; Representatives Ritter, Detert, platforms and floating boat lifts; providing an effective date. Greenstein, and Mahon— By the Committee on Education Innovation; Representative Diaz de la Portilla— CS/HB 223—A bill to be entitled An act relating to driver’s licenses; amending s. 322.051, F.S.; revising application requirements for the CS/HB 191—A bill to be entitled An act relating to the Office of issuance of an identification card; revising the expiration period for an Inspector General within the Office of the Commissioner of Education; identification card issued to a person who established his or her identity 76 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 by using specified identification documents; amending s. 322.08, F.S.; facilities; eliminating the requirement that the Legislature approve revising application requirements for the issuance of a driver’s license; such facilities; providing requirements for the use of funds from the amending s. 322.17, F.S.; providing that a driver’s licensee who State Transportation Trust Fund; providing requirements with respect established his or her identity using specified identification documents to proposals; providing for specific project approval by the Legislature may not obtain a duplicate or replacement permit except in person; for certain projects; authorizing the Department of Transportation to amending s. 322.18, F.S.; revising the expiration period for a driver’s create certain corporations to shield the state from possible financial license issued to a person who established his or her identity by using risks for projects; authorizing the department to lend certain funds to specified identification documents; requiring a person issued such a such corporations; authorizing the department to adopt rules; repealing license to renew it in person and submit certain identification s. 348.0004(2)(m), F.S., relating to private entity proposals for documents; amending s. 322.19, F.S.; providing that a driver’s licensee transportation projects; amending s. 348.0004, F.S.; establishing a who established his or her identity using specified identification process for certain expressway authorities to participate in public- documents may not change his or her name or address except in person; private partnerships to build, operate, own, or finance certain amending s. 322.212, F.S.; prohibiting a person from knowingly selling, transportation facilities; specifying the expressway authority’s role in manufacturing, or delivering, or offering to sell, manufacture, or deliver, such projects and providing rulemaking authority; providing for the any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued assessment of tolls; providing for creation of certain tax-exempt, public- driver’s license or identification card or any instrument in the similitude purpose corporations; providing an effective date. of such license or card; providing a penalty; authorizing investigations of a violation of certain provisions; providing an effective date. By the Committee on Transportation; Representatives Spratt and Bean— By the Committee on State Administration; Representatives Brummer, Cantens, Kilmer, Diaz de la Portilla, Barreiro, Andrews, CS/HB 457—A bill to be entitled An act relating to road and bridge Bilirakis, Arza, Flanagan, Brown, Littlefield, Crow, Fiorentino, designations; designating the new U.S. Highway 27 road and bridge in Richardson, Atwater, and Mayfield— the City of Moore Haven as the “Mamie Langdale Memorial Bridge”; CS/HB 259—A bill to be entitled An act relating to the Florida designating the old Nassau Sound Bridge in Nassau and Duval Counties Retirement System; amending s. 121.091, F.S.; increasing the period of as the “George Crady Bridge”; designating bridge number 550122 in time which members of the system who are employed as instructional Tallahassee as the “Veterans Memorial Bridge”; designating a portion personnel in grades K-12 may participate in the DROP; providing a of U.S. Highway 17 as the “Doyle Parker Memorial Highway”; statement of proper and legitimate state purpose; providing a designating a portion of State Road 77 as the “Lynn Haven Parkway”; contingent effective date. designating the New River Bridge in Bradford and Union Counties as the “John S. ‘Steve’ Dennard Bridge”; designating a portion of State By the Committee on Local Government & Veterans Affairs; Road 121 as the “Ed Fraser Memorial Highway”; designating a portion Representative Trovillion— of State Road 16 as the “Correctional Officers Memorial Highway”; designating a portion of U.S. Highway 41 in White Springs as the CS/HB 263—A bill to be entitled An act relating to special “Martin Luther King, Jr., Memorial Highway”; designating a portion of assessments; creating ss. 125.0168 and 166.223, F.S.; providing for the Interstate 75 as the “Purple Heart Memorial Highway”; directing the method for the levy of special assessments by counties and municipalities on recreational vehicle parks; providing an effective date. Department of Transportation to erect suitable markers; providing an effective date. By the Committee on Local Government & Veterans Affairs; Representatives Gibson, Davis, Hogan, and Berfield— By the Committee on Education Appropriations; Representatives Garcia, Harrington, Hogan, and Mahon— CS/HB 313—A bill to be entitled An act relating to ad valorem taxation; creating s. 193.703, F.S.; providing for a reduction in CS/HB 463—A bill to be entitled An act relating to student assessment for constructed or reconstructed living quarters for parents withdrawal from courses due to certain military service; requiring rules or grandparents of homestead property owners or of their spouses; and policies by district school boards, community college district boards providing limitations; providing application procedures; providing of trustees, and university boards of trustees; providing that a student penalties for making a willfully false statement in the application; shall not suffer academic or financial penalties; authorizing the refund providing for adjustment of the assessed value of property when the of fees; providing an effective date. property owner is no longer eligible for the reduction in assessment; providing a contingent effective date. By the Committee on Transportation; Representative Romeo—

By the Committee on Local Government & Veterans Affairs; CS/HB 485—A bill to be entitled An act relating to renaming a road; Representatives Gibson, Davis, and Berfield— renaming a portion of State Road 580 within the city limits of Temple Terrace as the “Temple Terrace Parkway”; directing the Department of CS/HJR 317—A joint resolution proposing an amendment to Section Transportation to erect suitable street signs; providing an effective date. 4 of Article VII of the State Constitution, relating to finance and taxation, to allow counties to provide for a reduction in the assessed By the Committee on Banking; Representatives Flanagan, Waters, value of homestead property based on the increase in such value which Brummer, and Alexander— results from constructing living quarters for certain persons over the age of 62 years. CS/HB 577—A bill to be entitled An act relating to governmental reorganization; amending s. 20.04, F.S.; providing an exception to By the Committee on State Administration; Representative Baker— departmental structure requirements; deleting reference to the Department of Banking and Finance and substituting the Department CS/HB 323—A bill to be entitled An act relating to vehicle crash of Insurance and Financial Services; creating s. 20.121, F.S.; creating reports; amending s. 316.066, F.S.; including local agencies and agents the Office of Chief Financial Officer; providing duties; providing for a and employees of local, state, and federal agencies under provisions Division of Financial Investigations; creating s. 20.131, F.S.; creating granting access to vehicle crash reports for certain purposes under the Department of Insurance and Financial Services; providing for an certain circumstances; requiring local, state, and federal agencies, executive director; providing for departmental structure; creating the agents, and employees to maintain the confidential and exempt status Offices of Commissioner of Insurance and Commissioner of Financial of such reports; providing an effective date. Services; providing for subpoenas, sworn statements, and enforcement By the Committee on Transportation; Representative Kyle— proceedings; providing for appointment and specifying qualifications for each commissioner; providing jurisdiction for each commissioner’s CS/HB 435—A bill to be entitled An act relating to transportation; office; transferring certain powers, duties, functions, rules, records, amending s. 334.30, F.S.; providing for public-private transportation personnel, property, and unexpended balances of appropriations, January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 77 allocations, and other funds to the Office of Chief Financial Officer, the Received November 26: Department of Insurance and Financial Services, and the Department of Law Enforcement; specifying that rules of the Department of Banking The Committee on Natural Resources & Environmental Protection recommends a committee substitute for the following: and Finance and the Department of Insurance become rules of the HB 101 Department of Insurance and Financial Services; specifying that such rules become rules of the Office of Chief Financial Officer under certain The above committee substitute was referred to the circumstances; specifying that certain rules of the Department of Committee on General Government Appropriations, subject to Insurance become rules of the Department of Law Enforcement; review under Rule 6.3, and, under the rule, HB 101 was laid on providing for preservation of validity of judicial or administrative the table. actions involving such departments; providing for substitution of certain parties in interest in such actions; creating the Office of Transition Received November 27: Management; specifying powers and duties thereof; requiring reports to The Committee on Transportation recommends the following pass: the Governor and the Legislature; providing duties of the Division of HB 233 Statutory Revision; repealing ss. 20.12 and 20.13, F.S., relating to the Department of Banking and Finance and the Department of Insurance, The above bill was referred to the Council for Ready respectively; providing an appropriation; providing effective dates. Infrastructure.

Reports of Councils and Standing Committees Received November 28:

Council Reports The Committee on Judicial Oversight recommends the following pass: HB 123 Received December 12: The above bill was referred to the Fiscal Responsibility The Council for Smarter Government recommends the following pass: Council. HB 273 The Committee on Crime Prevention, Corrections & Safety HB 275 recommends the following pass: HB 277 HB 119 HB 279 HB 281 The above bill was referred to the Council for Healthy HB 283 Communities. HB 285 The Committee on Claims recommends the following pass: HB 287 HB 39 The above bills were placed on the Calendar. HB 45 HB 203, with 2 amendments Received January 11: The above bills were referred to the Procedural & The Council for Smarter Government recommends the following pass: Redistricting Council. HB 131 The Committee on State Administration recommends the following HB 431 pass: HB 641 HB 131

The above bills were placed on the Calendar. The above bill was referred to the Council for Smarter Government. Committee Reports The Committee on Crime Prevention, Corrections & Safety Received October 24: recommends the following pass: HB 139 The Committee on State Administration recommends the following pass: The above bill was referred to the Committee on Criminal HJR 87 Justice Appropriations. HJR 89 The Committee on Crime Prevention, Corrections & Safety The above bills were referred to the Committee on Fiscal recommends the following pass: Policy & Resources. HB 299, with 3 amendments

Received October 30: The above bill was referred to the Committee on Fiscal Policy & Resources. The Committee on Judicial Oversight recommends the following pass: The Committee on Judicial Oversight recommends the following pass: HB 11, with 1 amendment HB 173 The above bill was referred to the Council for Smarter The above bill was referred to the Committee on Fiscal Policy Government. & Resources.

Received October 31: The Committee on Local Government & Veterans Affairs recommends the following pass: The Committee on Judicial Oversight recommends a committee HB 165 substitute for the following: HB 17 The above bill was referred to the Committee on Fiscal Policy & Resources. The above committee substitute was referred to the Council for Smarter Government, subject to review under Rule 6.3, and, The Committee on State Administration recommends the following under the rule, HB 17 was laid on the table. pass: 78 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

HB 215 The above bill was laid on the table under the rule.

The above bill was referred to the Committee on Fiscal Policy Received December 3: & Resources. The Committee on State Administration recommends a committee The Committee on Crime Prevention, Corrections & Safety substitute for the following: recommends the following pass: HB 323 HB 79, with 3 amendments HB 219 The above committee substitute was referred to the Council for Smarter Government, subject to review under Rule 6.3, and, The above bills were referred to the Committee on Judicial under the rule, HB 323 was laid on the table. Oversight. The Committee on Child & Family Security recommends the following The Committee on Agriculture & Consumer Affairs recommends the pass: following not pass: HB 161, with 3 amendments HB 113 HB 245, with 1 amendment

The above bill was laid on the table under the rule. The above bills were referred to the Committee on Health & Human Services Appropriations. Received November 29: The Committee on Health Regulation recommends the following pass: The Committee on Fiscal Policy & Resources recommends the HB 321 following pass: HJR 89 (fiscal note attached) The above bill was referred to the Committee on Insurance.

The above bill was placed on the Calendar. Received December 4:

The Committee on Health Promotion recommends the following pass: The Committee on Agriculture & Consumer Affairs recommends the HB 111, with 1 amendment following not pass: HB 77 The above bill was referred to the Committee on Fiscal Policy & Resources. The above bill was laid on the table under the rule.

The Committee on Health Regulation recommends the following pass: Received December 5: HB 297 The Committee on Colleges & Universities recommends the following The above bill was referred to the Committee on Fiscal Policy pass: & Resources. HB 341

The Committee on Health Regulation recommends the following pass: The above bill was referred to the Committee on Education HB 335, with 1 amendment Appropriations.

The above bill was referred to the Committee on Health & The Committee on State Administration recommends the following Human Services Appropriations. pass: HB 135, with 1 amendment The Committee on Health Promotion recommends the following pass: HB 343, with 1 amendment The above bill was referred to the Committee on Fiscal Policy & Resources. The above bill was referred to the Committee on Insurance. The Committee on State Administration recommends the following The Committee on Fiscal Policy & Resources recommends the pass: following pass: HB 257 HB 259, with 1 amendment (fiscal note attached) The above bill was referred to the Committee on Judicial The above bill was referred to the Committee on State Oversight. Administration. The Committee on Colleges & Universities recommends the following Received November 30: pass: The Committee on Colleges & Universities recommends the following HB 253 pass: The above bill was referred to the Committee on State HB 439 Administration. HB 463 HB 465 The Committee on Health Regulation recommends the following not pass: The above bills were referred to the Committee on Education HB 309 Appropriations. The above bill was laid on the table under the rule. The Committee on Colleges & Universities recommends the following pass: Received December 6: HB 459 The Committee on Colleges & Universities recommends a committee The above bill was referred to the Committee on Fiscal Policy substitute for the following: & Resources. HB 7

The Committee on Colleges & Universities recommends the following The above committee substitute was referred to the not pass: Committee on Education Appropriations, subject to review HB 115 under Rule 6.3, and, under the rule, HB 7 was laid on the table. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 79

The Committee on Local Government & Veterans Affairs recommends The above bill was referred to the Committee on Health committee substitutes for the following: Regulation. HB 313 The Committee on Banking recommends a committee substitute for HJR 317 the following: The above committee substitutes were referred to the HB 577 Committee on Fiscal Policy & Resources, subject to review The above committee substitute was referred to the under Rule 6.3, and, under the rule, HB 313 and HJR 317 were Committee on Insurance, subject to review under Rule 6.3, and, laid on the table. under the rule, HB 577 was laid on the table. Received December 13: Received December 20: The Committee on Insurance recommends a committee substitute for The Committee on Fiscal Policy & Resources recommends the the following: following pass: HB 195 HJR 87, with 1 amendment (fiscal note attached) The above committee substitute was referred to the The above bill was placed on the Calendar. Committee on State Administration, subject to review under Rule 6.3, and, under the rule, HB 195 was laid on the table. The Committee on Business Regulation recommends the following pass: Received December 17: HB 29 HB 427, with 1 amendment The Committee on Crime Prevention, Corrections & Safety recommends a committee substitute for the following: The above bills were referred to the Council for Smarter HB 213 Government.

The above committee substitute was referred to the The Committee on Fiscal Policy & Resources recommends the Committee on Criminal Justice Appropriations, subject to following pass: review under Rule 6.3, and, under the rule, HB 213 was laid on HB 165 (fiscal note attached) the table. HB 215, with 1 amendment (fiscal note attached)

Received December 19: The above bills were referred to the Council for Smarter Government. The Committee on Natural Resources & Environmental Protection recommends the following pass: The Committee on Business Regulation recommends the following pass: HB 569, with 1 amendment HB 117 The above bill was referred to the Council for Smarter The above bill was referred to the Committee on Fiscal Policy Government. & Resources. The Committee on State Administration recommends the following The Committee on Fiscal Policy & Resources recommends the pass: following pass: HB 395 HB 169 (fiscal note attached) HB 431 The above bill was referred to the Committee on Judicial The above bills were referred to the Council for Smarter Oversight. Government. The Committee on Transportation recommends the following not The Committee on Transportation recommends the following pass: pass: HB 35, with 1 amendment HB 15 HB 145 The above bill was laid on the table under the rule. The above bills were referred to the Committee on Fiscal Policy & Resources. Received December 21:

The Committee on Transportation recommends the following pass: The Committee on Insurance recommends a committee substitute for HB 261, with 4 amendments the following: HB 329 HB 193 HB 441 The above committee substitute was referred to the The above bills were referred to the Committee on Committee on Judicial Oversight, subject to review under Rule Transportation & Economic Development Appropriations. 6.3, and, under the rule, HB 193 was laid on the table.

The Committee on Transportation recommends the following pass: Received December 31: HB 183 The Committee on State Administration recommends a committee The above bill was referred to the Committee on Agriculture substitute for the following: & Consumer Affairs. HB 259

The Committee on Transportation recommends the following pass: The above committee substitute was referred to the Fiscal HB 249, with 4 amendments Responsibility Council, subject to review under Rule 6.3, and, under the rule, HB 259 was laid on the table. The above bill was referred to the Committee on Crime Prevention, Corrections & Safety. Received January 8:

The Committee on Transportation recommends the following pass: The Committee on Economic Development & International Trade HB 221, with 1 amendment recommends the following pass: 80 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

HB 289 The Committee on Crime Prevention, Corrections & Safety recommends the following pass: The above bill was referred to the Council for Competitive HB 249 Commerce. The above bill was referred to the Committee on Fiscal Policy The Committee on Transportation recommends the following pass: & Resources. HB 159, with 1 amendment HB 477, with 1 amendment The Committee on Elder & Long-Term Care recommends the following pass: The above bills were referred to the Council for Ready HB 295, with 1 amendment Infrastructure. The above bill was referred to the Committee on Health & The Committee on Transportation recommends the following pass: Human Services Appropriations. HB 325 The Committee on Transportation recommends a committee The above bill was referred to the Committee on Fiscal Policy substitute for the following: & Resources. HB 435

The Committee on Tourism recommends the following pass: The above committee substitute was referred to the HB 377 Committee on Fiscal Policy & Resources, subject to review The above bill was referred to the Committee on under Rule 6.3, and, under the rule, HB 435 was laid on the table. Transportation & Economic Development Appropriations. The Committee on Agriculture & Consumer Affairs recommends the The Committee on Transportation recommends the following pass: following pass: HB 561 HB 565, with 2 amendments

The above bill was referred to the Committee on Health The above bill was referred to the Committee on Business Regulation. Regulation. The Committee on Local Government & Veterans Affairs recommends Received January 9: the following pass: The Committee on Local Government & Veterans Affairs recommends HB 451 the following pass: The above bill was referred to the Committee on Crime HB 423 Prevention, Corrections & Safety. The above bill was referred to the Council for Healthy The Committee on Elder & Long-Term Care recommends the Communities. following pass: The Committee on Agriculture & Consumer Affairs recommends the HB 137, with 1 amendment following pass: The above bill was referred to the Committee on Judicial HB 183 Oversight. The above bill was referred to the Council for Ready The Committee on State Administration recommends the following Infrastructure. pass: The Committee on Local Government & Veterans Affairs recommends HB 147 the following pass: The above bill was referred to the Committee on Judicial HB 497 Oversight. HB 501 The Committee on Agriculture & Consumer Affairs recommends the The above bills were referred to the Council for Smarter following not pass: Government. HB 627 The Committee on State Administration recommends the following The above bill was laid on the table under the rule. pass: HB 445, with 1 amendment Received January 10:

The above bill was referred to the Council for Smarter The Committee on Judicial Oversight recommends the following pass: Government. HB 169, with 1 amendment

The Committee on Crime Prevention, Corrections & Safety The above bill was referred to the Fiscal Responsibility recommends the following pass: Council. HB 351 HB 389, with 1 amendment The Committee on Health Regulation recommends the following pass: HB 483, with 1 amendment HB 413 HB 591, with 1 amendment HB 599, with 1 amendment HB 613 The above bills were referred to the Committee on Criminal Justice Appropriations. The above bills were referred to the Council for Healthy Communities. The Committee on State Administration recommends the following pass: The Committee on Judicial Oversight recommends the following pass: HB 253, with 2 amendments HB 219

The above bill was referred to the Committee on Education The above bill was referred to the Council for Healthy Appropriations. Communities. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 81

The Committee on Judicial Oversight recommends the following pass: HB 459 (fiscal note attached) HB 79, with 2 amendments The above bill was referred to the Council for Lifelong The above bill was referred to the Council for Lifelong Learning. Learning. The Committee on Business Regulation recommends the following The Committee on Claims recommends the following pass: pass: HB 85 HB 489, with 1 amendment HB 301, with 1 amendment HB 499, with 4 amendments HB 361 HB 425 The above bills were referred to the Council for Smarter Government. The above bills were referred to the Procedural & Redistricting Council. The Committee on Fiscal Policy & Resources recommends the following pass: The Committee on Judicial Oversight recommends the following pass: HB 135, with 2 amendments (fiscal note attached) HB 487 HB 173 (fiscal note attached) CS/HB 313, with 1 amendment (fiscal note attached) The above bill was referred to the Council for Smarter CS/HJR 317 (fiscal note attached) Government. The above bills were referred to the Council for Smarter The Committee on Judicial Oversight recommends the following pass: Government. HB 55, with 1 amendment HB 503, with 1 amendment The Committee on Transportation recommends committee substitutes for the following: The above bills were referred to the Committee on Criminal HB 457 Justice Appropriations. HB 485 The Committee on Judicial Oversight recommends the following pass: The above committee substitutes were referred to the Council HB 491, with 4 amendments for Ready Infrastructure, subject to review under Rule 6.3, and, The above bill was referred to the Committee on Health & under the rule, HBs 457 and 485 were laid on the table. Human Services Appropriations. Received January 16: The Committee on Insurance recommends the following pass: The Committee on Education Innovation recommends the following HB 343, with 1 amendment pass: The above bill was referred to the Committee on Judicial HB 217, with 2 amendments Oversight. The above bill was referred to the Fiscal Responsibility The Committee on Natural Resources & Environmental Protection Council. recommends the following pass: The Committee on Elder & Long-Term Care recommends the HB 533 following pass: The above bill was referred to the Committee on Local HB 255, with 1 amendment Government & Veterans Affairs. The above bill was referred to the Fiscal Responsibility The Committee on Insurance recommends the following pass: Council. CS/HB 577 The Committee on Transportation recommends a committee The above bill was referred to the Committee on State substitute for the following: Administration. HB 223

The Committee on Judicial Oversight recommends the following pass: The above committee substitute was referred to the Council HB 205 for Ready Infrastructure, subject to review under Rule 6.3, and, under the rule, HB 223 was laid on the table. The above bill was referred to the Committee on State Administration. The Committee on Education Innovation recommends a committee substitute for the following: The Committee on Claims recommends the following not pass: HB 191 HB 59 The above committee substitute was referred to the The above bill was laid on the table under the rule. Committee on Education Appropriations, subject to review under Rule 6.3, and, under the rule, HB 191 was laid on the table. Received January 15: The Committee on Local Government & Veterans Affairs recommends The Committee on Education Appropriations recommends the a committee substitute for the following: following pass: HB 263 CS/HB 7 (fiscal note attached) HB 341 (fiscal note attached) The above committee substitute was referred to the HB 439 (fiscal note attached) Committee on Fiscal Policy & Resources, subject to review HB 465 (fiscal note attached) under Rule 6.3, and, under the rule, HB 263 was laid on the table.

The above bills were referred to the Council for Lifelong The Committee on Education Innovation recommends the following Learning. not pass: HB 267 The Committee on Fiscal Policy & Resources recommends the following pass: The above bill was laid on the table under the rule. 82 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

Received January 22: The Committee on Health Promotion recommends the following pass: HB 525, with 1 amendment The Committee on Education Appropriations recommends a committee substitute for the following: The above bill was referred to the Committee on Health & HB 463 (fiscal note attached) Human Services Appropriations.

The above committee substitute was referred to the Council The Committee on Health Promotion recommends the following pass: for Lifelong Learning, subject to review under Rule 6.3, and, HB 293, with 1 amendment under the rule, HB 463 was laid on the table. The above bill was referred to the Committee on Judicial The Committee on Health Promotion recommends the following pass: Oversight. HB 615, with 2 amendments Excused The above bill was referred to the Committee on Fiscal Policy & Resources. Reps. Romeo, Rubio

Pages and Messengers for the week of January 22-25

PAGES—Casey Michael Campbell, Longwood; Austin J. Cooner, MESSENGERS—Ben Ball, Mims; Shanna Brantley, Port Richey; North Fort Myers; J. Blake Elens, Pensacola; Alexander M. Guetzloe, Heather Cain, Winter Park; Joshua Cooner, North Fort Myers; Orlando; Jacquelyn Kate Kashur, Pensacola; Kiersten Mitchell, Lancee Husebo, Leesburg; Mary Anne Hybart, Tallahassee; Jake Destin; Brent Tyler Rist, Gainesville; Jonathan Samuel Sadie, Cape Ivey, Malabar; Vonzelle Johnson, DeLand; David Lerner, Miami; Canaveral; Jessica Simmons, Hobe Sound; Fawn Testa, Merritt Brittney Ranea Lewis, Milton; Bernardo Medina, Orange Lake; Island; Lauren Zinsmeister, Palm Bay. Brenna Murphy, Avon Park; Jeff Simmons, Hobe Sound; Gregory Ward, Osteen. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 83 RULES of the FLORIDA HOUSE OF REPRESENTATIVES

RULE ONE (5) Health Regulation.

LEGISLATIVE ORGANIZATION (c) The Council for Lifelong Learning shall have oversight responsibility for the following substantive standing committees: 1.1—General Officers (1) Colleges & Universities. (a) The general officers of the Florida House of Representatives are (2) Education Innovation. the following: (3) General Education. (1) Speaker. (4) Workforce & Technical Skills. (2) Speaker pro tempore. (d) The Council for Ready Infrastructure shall have oversight (3) Majority Leader. responsibility for the following substantive standing committees: (4) Minority Leader. (1) Information Technology.

(5) Clerk. (2) Natural Resources & Environmental Protection.

(6) Sergeant at Arms. (3) Transportation.

(b) The Speaker and the Speaker pro tempore shall each be elected (4) Utilities & Telecommunications. 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 (e) The Council for Smarter Government shall have oversight received on the first ballot, the Members voting shall vote on the two responsibility for the following substantive standing committees: names receiving the highest number of votes on the first ballot until a (1) Business Regulation. majority vote is received. (2) Judicial Oversight. (c) The Majority Leader shall be selected by the Speaker, and the Minority Leader shall be selected by the Minority Conference. (3) Juvenile Justice.

(d) The Clerk shall be elected by the House to serve at its pleasure. (4) Local Government & Veterans Affairs.

(e) The Sergeant at Arms shall be appointed by the Speaker, with (5) State Administration. the advice and consent of the Members. (f) The Fiscal Responsibility Council shall have oversight 1.2—Political Party Conferences responsibility for the following fiscal standing committees:

The political party with the largest number of Members who are (1) Criminal Justice Appropriations. registered voters of such party shall form the Majority Conference. The (2) Education Appropriations. political party with the second largest number of Members who are registered voters of such party shall form the Minority Conference. The (3) Fiscal Policy & Resources. members of each political party conference may adopt rules to govern the affairs of their conference. (4) General Government Appropriations.

1.3—Councils and Standing Committees (5) Health & Human Services Appropriations.

Thirty-four standing committees of the House are hereby created. Each (6) Transportation & Economic Development Appropriations. committee shall be placed in one of seven councils as follows: (g) The Procedural & Redistricting Council shall have oversight (a) The Council for Competitive Commerce shall have oversight responsibility for the statutory joint committees and the following responsibility for the following substantive standing committees: standing committees:

(1) Agriculture & Consumer Affairs. (1) Claims.

(2) Banking. (2) Congressional Redistricting. (3) House Redistricting. (3) Economic Development & International Trade. (4) Rules, Ethics & Elections. (4) Insurance. (5) Senate Redistricting. (5) Tourism. 1.4—Qualifications and Elections of Members (b) The Council for Healthy Communities shall have oversight responsibility for the following substantive standing committees: (a) As specified in Section 2 of Article III of the Florida Constitution, the House is the sole judge of the qualifications, elections, and returns (1) Child & Family Security. of its Members.

(2) Crime Prevention, Corrections & Safety. (b) In cases of contest for a seat in the House, notice setting forth the (3) Elder & Long-Term Care. specific grounds of such contest and the supporting evidence must be received by the Clerk not less than 5 days before the Organization (4) Health Promotion. Session of the Legislature. No motion to disqualify a Member shall be 84 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 in order at the Organization Session until a Speaker has been elected in during the absence of both the Speaker and Speaker pro tempore or may accordance with the Florida Constitution. In the case of a special appoint another Member to perform such duties. election, notice must be received by the Clerk not less than 5 days before the next regular or special session convenes. If the election is during a 2.5—House Employees Serve at the Pleasure of the Speaker session or less than 5 days before the next session, the notice must be The Speaker shall employ all employees of the House and shall on the next legislative day following the receipt of certified election determine their qualifications, hours of work, and compensation, results. Any contest setting forth facts sufficient to warrant review shall including perquisites and other benefits. All employees serve at the be referred by the Speaker to an appropriate committee. The committee pleasure of the Speaker. The Speaker has the right to dismiss any shall hold a hearing and report its findings and recommendations as employee of the House, and the pay of such employee shall stop on the soon as reasonably possible. Upon receipt of the committee report, the House shall with all dispatch, upon motion, determine the contest by a designated day of dismissal. majority vote. 2.6—Speaker to Sign Papers and Authorize Counsel in Suits Affecting the House RULE TWO (a) The Speaker shall sign all acts, joint resolutions, concurrent DUTIES AND RIGHTS OF THE SPEAKER resolutions, resolutions, memorials, writs, subpoenas, vouchers for expenditures chargeable to the House, contracts binding on the House, 2.1—Speaker to Enforce Rules; Questions of Order or other papers issued by the House. The Speaker may delegate the (a) The Speaker shall enforce, apply, and interpret the Rules of the authority to sign papers of an administrative nature. House in all deliberations. (b) The Speaker may authorize counsel to initiate, defend, intervene (b) All questions of order shall be presented to the Speaker for in, or otherwise participate in any suit on behalf of the House, a determination; however, any decision of the Speaker on a point of order committee or council of the House, a Member of the House (whether in is subject to an appeal to the House made by any five Members. The the legal capacity of Member or taxpayer), a former Member of the Speaker may require the Member raising a point of order to cite the Rule House, or an officer or employee of the House when such suit is or other authority in support of the question. The Speaker may decide determined by the Speaker to be of significant interest to the House and the question of order, put such question to the House, or refer such the Speaker believes that the interest of the House would not be question to the Committee on Rules, Ethics & Elections for a otherwise adequately represented. Expenses incurred for legal services recommendation to the House. When a decision of the Speaker on a in such proceedings may be paid upon approval of the Speaker. question of order is appealed, the Speaker shall put the appeal to the House or refer the appeal to the Committee on Rules, Ethics & Elections RULE THREE for a recommendation to the House. No Member may speak more than once on an appeal unless given leave by the House by majority vote. MEMBERS Responses to parliamentary inquiries and decisions of recognition made by the Speaker may not be appealed. 3.1—Disclosures of Interest and Disqualification from Voting

2.2—Speaker to Bring Business Before the House (a) No Member may vote on any measure that the Member knows or believes would inure to the Member’s special private gain. The Member The Speaker shall lay all business before the House, reserve times for must disclose the nature of the interest for which the Member is the committee and council meetings in compliance with these Rules, and required to refrain from voting. Disclosure shall be done in a timely receive motions made by Members and put them to the House. manner by filing a memorandum with the Clerk, which shall be printed in the Journal if the vote is taken on the floor. If the vote is taken in a 2.3—Preservation of Order and Decorum; Control Over committee or council, the memorandum shall be filed with the Chamber and Other Rooms Assigned to the House committee or council administrative assistant, who shall attach such (a) The Speaker shall preserve order and decorum in the Chamber memorandum to the committee or council report. of the House. The Speaker shall see that the Members conduct (b) A Member, when voting on any measure that the Member knows themselves in a civil manner in the Chamber of the House in accordance or believes would inure to the special private gain of a family member with accepted standards of parliamentary conduct and may, when of the Member, or to the special private gain of any principal by whom necessary, order the Sergeant at Arms to clear the aisles and seat the the Member or a family member of the Member is retained or employed, Members so that business may be conducted in an orderly manner. must disclose the nature of the interest of such person in the outcome (b) In case of disturbance or disorderly conduct in the galleries or of the vote. Disclosure shall be done in a timely manner by filing a lobby of the Chamber, the Speaker may order the Sergeant at Arms to memorandum with the Clerk, which shall be printed in the Journal if clear these areas. the vote is taken on the floor. If the vote is taken in a committee or council, the memorandum shall be filed with the committee or council (c) Presentations on the large video screen in the Chamber of the administrative assistant, who shall attach such memorandum to the House shall be permitted only upon approval of the Speaker. committee or council report. For the purpose of this Rule, family members include the Member’s spouse, parents, and children. (d) Except as otherwise provided in Rule 14.4, the Speaker shall have general control of the Chamber of the House, its lobby, galleries, 3.2—Attendance Upon Meetings Required corridors, and passages, and other rooms in those parts of the Capitol assigned to the use of the House. The Chamber and meeting rooms of the A Member shall attend all meetings of committees and councils to which House may not be used for any meeting other than a legislative meeting appointed, unless excused by the Chair of the committee or council or by unless specifically authorized by the Speaker. the Speaker. Excuse from House session shall constitute excuse from that day’s committee and council meetings. Failure to attend two 2.4—Appointment of Temporary Presiding Officer consecutive meetings, unless excused, shall constitute automatic The Speaker may appoint any Member to perform the duties of removal from the committee or council and create a vacancy. Upon presiding officer for a temporary period of time not to extend beyond a notification by the Chair of the committee or council, the Speaker shall single legislative day. If the Speaker is absent and has not made such make an appointment to fill such vacancy. an appointment, the Speaker pro tempore shall act as presiding officer 3.3—Attendance at Sessions 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 A Member may not be absent from the sessions of the House without Committee on Rules, Ethics & Elections shall act as presiding officer approval from the Speaker. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 85

3.4—Excused Absence RULE FOUR

Upon written request of a Member submitted in a timely manner, the DUTIES OF THE CLERK, SERGEANT AT ARMS, AND Speaker may, by written notice to the Clerk, excuse the Member from EMPLOYEES attendance on the House for any stated period. Such excused absence 4.1—Clerk shall be noted in the Journal. (a) The Clerk shall: 3.5—Leave of Absence (1) Be the custodian of all bills, resolutions, and memorials. The Any Member granted a leave of absence due to a meeting of a committee, responsibility for the safekeeping of original filed bills, resolutions, and conference committee, or council that has authority to meet while the memorials shall vest in the Clerk, except when such legislation has been House is in session shall be so noted in the Journal. It shall be the committed to a committee or council. responsibility of the excused Member to advise the Clerk when leaving (2) Provide for the keeping of a complete record of introduction and and returning to the Chamber. action on all bills, resolutions, and memorials, including the number, the author, a brief description of the subject matter, and each committee 3.6—Members Presumed Present Unless Excused or Necessarily or council reference. Prevented; Failure to Answer Roll Call (3) Provide to the committee or council Chair each measure referred (a) Any Member who has answered roll call (either orally or by to a committee or council along with all official attachments thereto. electronic means) at the opening of any daily session, or who enters after (4) Keep a correct journal of proceedings of the House. The Journal the initial quorum call and informs the Clerk of the Member’s presence, shall be numbered serially and published from the first day of each shall thereafter be presumed present unless necessarily prevented or session of the Legislature. leave of absence is obtained from the Speaker. The Speaker shall make (5) Keep open the Office of the Clerk during and between sessions of each determination as to whether a Member was necessarily prevented. the Legislature. (b) Any Member who is present and who fails or refuses to record on (6) Superintend the engrossing, enrolling, and transmitting of bills, a roll call after being requested to do so by the Speaker shall be recorded resolutions, and memorials. as present by the Speaker and shall be counted for the purpose of making a quorum. (7) Not permit any records or papers belonging to the House to be taken out of the Clerk’s custody other than in the regular course of 3.7—Possession of Bills business and only then upon receipt. All such records in the custody of the Clerk shall be available for public inspection. No Member or other person may take possession of an original bill, after (8) Report any missing papers to the Speaker. filing, with the intention of depriving the Legislature of its availability for consideration. (9) Prepare Daily and Interim Calendars necessary to provide public notice of consideration of bills, resolutions, and memorials by the House 3.8—Open Meetings and its committees and councils.

(a) Subject to order and decorum, each Member shall provide (10) Prepare the copy for all printed forms used by the House in the reasonable access to members of the public to any meeting between such process of considering legislation. The Clerk shall have the Member and more than one other Member of the Legislature, if such responsibility for distribution of documents required by these Rules to be originated in the Office of the Clerk. members of the public have requested admission and such meeting has been prearranged for the purpose of agreeing to take formal legislative (11) Examine bills, resolutions, and memorials upon their tender for action on pending legislation or amendments at such meeting or at a introduction to determine whether facially they meet the requirements subsequent time. No such meeting shall be conducted in the Members’ of the Florida Constitution for the presence of the enacting or resolving Lounge, at any location that is closed to the public, or at any location clause or the provision in local bills, including local claim bills, for advertising or for referendum; however, beyond calling an apparent that the Member knows prohibits admission on the basis of race, defect to the attention of the sponsor, the obligation of the Clerk shall religion, gender, national origin, physical handicap, or similar end. classification. (12) Sign and receive necessary papers in the name of the House (b) Meetings conducted in the Chamber of either the House or the between a general election and election of the Speaker. Senate while such body is in session shall be considered to be held at a (b) It shall be a ministerial duty of the Clerk to attest to all writs, location providing reasonable access to, and to be reasonably open to, issued by order of the House, and to the passage of all bills, resolutions, the public. When the number of persons must be limited because of and memorials. space considerations or otherwise for the maintenance of order or decorum, at least one representative each of the print, radio, and 4.2—Sergeant at Arms television media shall be included among the members of the public The Sergeant at Arms shall: admitted, if such persons have requested admission. (a) Attend the House during its sittings and maintain order under (c) For the purpose of this Rule, and as used in Section 4 of Article the direction of the Speaker or Member performing the duties of the III of the Florida Constitution, legislation shall be considered pending presiding officer. if filed with the Clerk. An amendment shall be considered pending if it (b) Ensure that no person is admitted to the House Chamber except has been delivered to the administrative assistant of a committee or in accordance with these Rules. council in which the legislation is pending or to the Clerk, if the amendment is to a bill that has been reported favorably by each (c) Be under the direct supervision and execute all commands of the committee or council of reference, and the term “formal legislative Speaker. action” shall include any vote of the House or Senate, or of a committee (d) Be the custodian of furniture, books, and property of the House or council of either house, on final passage or on a motion other than a and shall annually take an inventory of all property under the Sergeant motion to adjourn or recess. at Arms’ charge. 86 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

(e) Perform all other duties pertaining to the Sergeant at Arms’ number of the first-named sponsor and each other sponsor agreed to by Office as prescribed by law or these Rules. the first-named sponsor. All signatures and respective district numbers must be on a numbered line as provided on the bill jacket. After bill 4.3—Employees Forbidden to Lobby; Restriction on Employee filing, those Members desiring to be cosponsors must fill out a cosponsor Campaign Activities form to be agreed to by the first-named sponsor. (a) An employee of the House may not, directly or indirectly, be (b) No Member may be added or deleted as a sponsor or cosponsor of interested in or concerned with the passage or consideration of any bill a bill without the Member’s written consent on forms provided by the without direction from a Member with authority over the designated Clerk. staff member. If any employee exhibits an improper interest in or concern with any bill, it shall be grounds for dismissal. (c) Bills that propose to amend existing provisions of law shall contain the full text of the section, subsection, or paragraph to be (b) An employee of the House may not engage in campaign activities amended. Joint resolutions that propose to amend the Florida during regular work hours, except when on approved leave, and may Constitution shall contain the full text of the section to be amended. As neither hold, nor be a candidate for, public office (other than a political to those portions of general bills and joint resolutions that propose to party executive committee office) while in the employ of the House. amend existing provisions of the Florida Statutes or the Florida Constitution, new words shall be inserted in the text underlined and RULE FIVE words to be deleted shall be lined through with hyphens. If the change in language is so general that the use of these procedures would hinder, FORM AND INTRODUCTION OF BILLS rather than assist, the understanding of the amendment, it is not 5.1—“Bill” Stands for All Legislation necessary to use the coded indicators of words added or deleted, but, in lieu thereof, a notation similar to the following shall be inserted Except when the context otherwise indicates, “bill,” as used in these immediately preceding the affected section of the bill: “Substantial Rules, means a bill, joint resolution, concurrent resolution, resolution, rewording of section. See s. . . . , F.S., for present text.” When such a memorial, or other measure upon which a committee or council may be notation is used, the notation, as well as the substantially reworded required to report. text, shall be underlined. The words to be deleted and the above- described indicators of such words and of new material are for 5.2—Filing Deadlines information and guidance and do not constitute a part of the bill under (a) No local bill originating in the House shall be given first reading consideration. Numerals in the margins of the line-numbered paper do unless filed with the Clerk by 12:00 noon of the first day of the regular not constitute a part of the bill and are shown on the page only for session. convenience in identifying lines. Section catchlines of existing text shall not be underlined, nor shall any other portion of a bill covered by this (b) No general bill, joint resolution, concurrent resolution (except Rule other than new material. one relating to extension of a session or legislative organization or procedures), or memorial originating in the House shall be given first 5.5—Bills and Joint Resolutions reading unless filed with the Clerk by 12:00 noon of the fourteenth day (a) All bills shall contain a proper title, as defined in Section 6 of of the regular session. Article III of the Florida Constitution, and the enacting clause “Be It Enacted by the Legislature of the State of Florida:”. (c) Bills, resolutions, and memorials introduced by committees or councils are exempt from the requirements of this Rule. (b) All joint resolutions shall contain a title and the resolving clause “Be It Resolved by the Legislature of the State of Florida:”. 5.3—Limitation on Member Bills Filed 5.6—Local Bills (a) A Member may not file more than six bills for a regular session. For purposes of this Rule, the Member considered to have filed a bill is (a) If a committee or council determines that the substance of a local the first-named sponsor of the bill or the first-named Member sponsor bill may be enacted into law by ordinance of a local governing body, the of a committee or council substitute for the bill, and bills that have been committee or council shall not report the bill to the Clerk. However, if withdrawn from further consideration prior to the filing deadline shall a local governing body would be required to call a referendum to enact not be considered filed. the substance of a local bill into law, the committee or council may report the local bill. (b) Bills not counted toward these limits include: (b) A local bill that provides an exemption from general law may not (1) Local bills, other than local claim bills. be placed on the Special Order Calendar in any section reserved for the (2) House resolutions. expedited consideration of local bills.

(3) Concurrent resolutions relating to extension of a session or (c) All local bills, including local claim bills, must either, as required legislative organization or procedures. by Section 10 of Article III of the Florida Constitution, embody provisions for a ratifying referendum (stated in the title as well as in the (4) Trust fund bills adhering to another bill. text of the bill) or be accompanied by an affidavit of proper advertisement, securely attached to the original bill ahead of its first (5) Public records or public meetings exemption bills adhering to page. another bill. 5.7—Claim Bills (6) Bills introduced by a committee under Rule 7.30. (a) Claim bills may be referred by the Speaker to any committee or (7) Bills that only repeal or delete, without substantive replacement, council for review. If the Speaker determines that a de novo hearing is provisions of the Florida Statutes or Laws of Florida. necessary to determine any issue, including liability, proximate cause, 5.4—Forms of Measures or damages, the Speaker may appoint a Special Master to conduct such hearing pursuant to reasonable notice. The Special Master may (a) To be acceptable for introduction, all bills shall be produced in administer an oath to all witnesses, accept relevant documentary and accordance with standards approved by the Speaker. The original bill tangible evidence offered, tape record the proceedings, and prepare a shall be backed with a folder-jacket, and three copies of the original bill final report containing findings of fact, conclusions of law, and shall also be backed with jackets. On these jackets shall be inscribed the recommendations. The report shall be signed by the Special Master, who name of the sponsor and enough of the title for identification, and on the shall be available, in person, to explain his or her report to any original folder-jacket shall be inscribed the signature and district committee or council of reference. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 87

(b) Stipulations entered by the parties are not binding on the Special 5.13—Printing Master or the House or its committees or councils. Upon introduction, all bills (including committee bills and committee or (c) The hearing and consideration of a claim, any element of which council substitutes) shall be printed for the information of the House is pending in litigation, shall be held in abeyance until all judicial and the public, except that reviser’s bills and House resolutions shall be activity thereon, including any appellate proceedings, shall have come printed only upon the order of the Committee on Rules, Ethics & to rest. Elections. The Clerk shall have sufficient copies printed for the needs of the House and the public and shall furnish the copy for all such printing. 5.8—Reviser’s Bills Except as provided in Section 19(d) of Article III of the Florida Constitution, the absence of a printed copy shall not delay the progress (a) Reviser’s bills are nonsubstantive bills initiated by the Office of of any bill at any stage of its consideration. Legislative Services pursuant to section 11.242, Florida Statutes, for any of the following purposes: 5.14—Identification

(1) To reduce the number and bulk of the statutes. All bills shall be introduced in the order they are received by the Clerk and shall be serially numbered, in an odd-number sequence, as filed; (2) To remove inconsistencies and redundancies in the statutes. however, House resolutions shall be serially numbered separately, in an (3) To improve the clarity and facilitate the correct and proper odd-number sequence. The Clerk shall validate the original copy of each interpretation of the statutes. bill, and each page thereof, to ensure its identification as the item introduced in order to prevent unauthorized or improper substitutions (b) Reviser’s bills shall be introduced by the Committee on Rules, therefor. Any device used for such validation shall be used by and at all Ethics & Elections, which may request prior review by another times shall be in the secure custody of the Clerk, and its use by any substantive committee. They shall be filed as soon as possible prior to person not authorized by this Rule shall be prohibited. or during each legislative session. Except by report of the Committee on Rules, Ethics & Elections, reviser’s bills may be amended only by 5.15—Companion Measures making deletions. A companion Senate bill must be substantially similar in wording, and 5.9—Memorials identical as to specific intent and purpose, to the House bill for which it is being substituted. Whenever a House bill is reached on the floor for A memorial expresses the opinion of the Legislature to the Federal consideration, either on second or third reading, and there is also Government. All memorials shall contain the resolving clause “Be It pending on the Calendar of the House a companion bill already passed Resolved by the Legislature of the State of Florida:”. by the Senate, it shall be in order to move that the Senate companion bill be substituted and considered in lieu of the House bill. Such motion 5.10—House Resolutions and Concurrent Resolutions may be adopted by a majority vote, provided the Senate bill is on the same reading, otherwise the motion shall be to waive the Rules by two- (a) All House resolutions and all concurrent resolutions originating thirds vote of the Members present and voting and substitute such in the House shall contain a title and a resolving clause. In the case of Senate bill. At the moment the House substitutes the Senate companion House resolutions, the resolving clause shall be “Be It Resolved by the bill or takes up a Senate bill in lieu of a House bill, the House bill so House of Representatives of the State of Florida:”. In the case of replaced shall be automatically tabled. Recommitment of a House bill concurrent resolutions originating in the House, the resolving clause shall automatically carry with it any Senate companion bill then on the shall be “Be It Resolved by the House of Representatives of the State of Calendar of the House. Florida, the Senate Concurring:”. Concurrent resolutions originating in the House shall present only questions pertaining to extension of a RULE SIX session, enactment of joint rules, ratification of federal constitutional amendments, communications with the judiciary, or other procedural REFERENCE legislative matters. 6.1—Speaker to Refer Legislation (b) Copies of House resolutions directed in the resolution to be furnished to any person after adoption shall be prepared only by the The authority to make bill referrals rests with the Speaker, except as Clerk. The Secretary of State shall be requested to prepare certified otherwise provided in these Rules. copies of concurrent resolutions after their adoption. 6.2—Reference: Generally

5.11—Prefiled Bills (a) Bills, upon first reading, whether House or Senate, shall be During the period between the Organization Session and the convening referred by the Speaker either to committee or to the Calendar of the of the first regular session of the legislative biennium and during the House. The order of reference shall be first to substantive committees period between the first and second regular sessions of the legislative and then to appropriate fiscal committees. If a bill is referred to more biennium, Members may file with the Clerk for introduction bills that than one fiscal committee, the Speaker shall specify which shall first have been prepared or reviewed by the House Bill Drafting Service. consider the bill. (b) A bill or committee substitute therefor, upon receiving a 5.12—Requirements for Introduction favorable report from each committee of reference, shall automatically (a) All bills (other than a General Appropriations Bill, concurrent be referred to the council of the committee of first reference for the resolutions relating to organization of the Legislature, resolutions original bill, unless otherwise determined by the Speaker at the time of relating to organization of the House, reviser’s bills, reapportionment the original reference. For the purpose of this Rule, the first committee bills or resolutions, and recall of acts from the Governor) shall either be of reference for a committee bill is the committee introducing the bill. prepared or, in the case of local bills, reviewed by the House Bill (c) References of bills and the nature of any documents referred shall Drafting Service. After completion and delivery by the House Bill be recorded in the Journal. Drafting Service, no change may be made in the text or title of the bill without returning the bill to the House Bill Drafting Service prior to 6.3—Reference: Exception; Additional or New References filing with the Clerk. (a) All bills, whether House or Senate, may be referred by the (b) The Director of the House Bill Drafting Service shall notify any Speaker to the appropriate committees. A Senate bill with a House Member proposing a bill if an identical or similar bill has been filed and, companion may be paired with the companion House bill at whatever its if so, the name of the sponsor of such bill. stage of consideration, provided both bills are on the same reading. 88 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

(b) If a bill is reported with an amendment that contains, or is RULE SEVEN reported as a committee or council substitute that contains, an issue COMMITTEES AND COUNCILS—ORGANIZATION, that was not in the original bill and that issue is within the jurisdiction MEETINGS, AND OVERSIGHT of another committee, the Speaker may refer the bill or committee or council substitute to the other committee having jurisdiction over the Part One—Organization additional subject and, if given an additional reference, such bill or 7.1—Standing Committee and Council Appointments committee or council substitute shall be considered by such committee prior to its consideration by any fiscal committee or council. (a) The Speaker shall appoint the Chair, the Vice Chair, and any Co- Chairs deemed necessary for each standing House committee and shall (c) Although a committee substitute for a single bill retains all other also appoint the remaining membership of each such committee. The references of the original bill, a committee substitute for two or more Speaker shall also appoint the Chair and Vice Chair of each council and bills shall have all other references of the original bills rescinded, and may appoint other council members as needed. The Speaker shall give notice of each such appointment in writing to the Clerk for publication the Speaker shall make any subsequent references of the committee in an Interim Calendar and the Session Journal. substitute, if needed. (b) If the need arises, the Speaker may appoint a temporary Chair (d) A council may, during any legislative session or during the for any standing committee or council. interim, refer bills in its possession to a standing committee within its (c) All standing committee or council Chairs, Vice Chairs, and jurisdiction with a request for further consideration, including, but not members serve at the pleasure of the Speaker. limited to, combining two or more bills into a committee substitute. (d) All standing committee and council appointments shall be made 6.4—Reference of Resolutions, Concurrent Resolutions: by the Speaker prior to the convening of each regular session and shall Exception expire on August 1 of odd-numbered years or, if the Legislature is convened in special or extended session on that date, upon adjournment All resolutions shall be referred by the Speaker to the Committee on sine die of such session. Rules, Ethics & Elections, except that resolutions on House organization 7.2—Appointment of Select and Conference Committees and concurrent resolutions pertaining to extension of the session may be taken up upon motion and adopted at the time of introduction without (a) The Speaker may at any time create a select committee and shall reference. Concurrent resolutions of a substantive nature, as authorized appoint the membership and name the Chair and Vice Chair thereof. A under Rule 5.10, shall first be referred to an appropriate substantive select committee has the jurisdiction, authority, and duties and exists for the period of time specified by the Speaker. A select committee has committee. the powers granted by these Rules to a standing committee except as limited by the Speaker. The Speaker shall give notice of the creation of 6.5—Reference of Appropriations or Tax Measures; General a select committee in writing to the Clerk for publication in an Interim Appropriations and Implementing Bills Calendar and the Session Journal.

(a) All bills carrying or affecting appropriations or mandating the (b) The Speaker shall appoint the House managers of all conference expenditure of funds by county or city government, all claim bills, and committees. The Speaker shall determine the number as need appears all bills affecting tax matters, whether state or local, may be referred to and shall appoint no less than a majority who generally supported the the appropriate fiscal committee, in addition to substantive committee House position as determined by the Speaker. In addition, the Speaker shall name the House Chair of each conference committee and may also referrals. If the original bill did not affect an appropriation or a tax name the House Vice Chair thereof. matter, and an amendment is adopted that calls for or affects an appropriation or a tax matter, then the bill with the amendment may, 7.3—Vacancies on Standing Committees and Councils upon the recommendation of the Chair of the Fiscal Responsibility If a vacancy occurs on a standing committee or council after its Council and at the Speaker’s discretion, be referred to the appropriate organization, the Speaker shall appoint an eligible Member to fill the fiscal committee. The bill, if then reported favorably without further vacancy. The Speaker shall give notice of the appointment in writing to amendment, shall be returned to the same reading as when referred. If the Clerk for publication in an Interim Calendar and the Session further amendments are recommended by committee, the bill shall be Journal. returned to second reading. 7.4—Ex Officio Members

(b) The Fiscal Responsibility Council shall consider the General The Speaker may designate the Speaker pro tempore or the Majority Appropriations Bills and implementing bills proposed by the Leader as an ex officio, voting member of any standing committee or appropriations committees within its jurisdiction and, after council. Alternatively, the Speaker may designate the council Chair as an ex officio, voting member of any committee within that council. No consideration and amendment, may combine such proposed committee standing committee or council may have more than one ex officio bills into a single General Appropriations Bill and a single member voting at any one time. For the purpose of a quorum, an ex implementing bill, which shall be reported to the Clerk. officio member shall not be included in the membership of a committee or council. The Speaker shall give notice of the designation of any such 6.6—Reference of Prefiled Bills ex officio member in writing to the Member so designated and to the committee or council Chair. Prefiled bills shall be numbered by the Clerk and presented to the Speaker for reference as otherwise provided under these Rules. After Part Two—Meetings; Powers, Duties, and Procedure the Speaker has referred a prefiled bill to a committee or council, the 7.5—Powers of the Chair Clerk shall notify each committee or council receiving the reference. (a) The committee or council Chair shall sign all notices, vouchers, 6.7—Reference of Veto Messages subpoenas as provided under Rule 16.1, or reports required or permitted by these Rules. Except as otherwise provided in these Rules, the Chair The Speaker shall refer veto messages to the appropriate committee or has all authority necessary to ensure an efficient operation of the council for recommendations. committee or council, including, but not limited to, presiding over the January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 89 committee or council, establishing the agenda for the committee or (d) Before a standing committee may consider a proposed committee council, deciding all questions of order in committee or council, and bill, the Speaker must approve the consideration by the committee of the determining the order in which matters are considered in committee or proposed bill. A proposed committee bill that does not receive Speaker council. approval of its consideration may not be noticed for consideration. However, this subsection does not apply to proposed committee bills that (b) Questions of order are subject to an appeal by any committee or re-create trust funds, reviser’s bills, resolutions that pertain to rules, council member, and the appeal shall be certified by the Chair to the procedures, or sessions, or other bills of an entirely technical nature as House for a decision by the Speaker during the daily session of the determined by the Procedural & Redistricting Council. House next following such certification. The ruling shall be entered in the Journal and shall be subject to appeal as any other question. The 7.12—Meetings of Committees and Councils: Time Required for Chair may, or on majority vote of the committee or council shall, certify Advance Notice a question of parliamentary procedure to the Speaker as contemplated by the Rule without a formal appeal. Such a certified question shall be (a) During the first 45 calendar days of a regular session, prior notice disposed of by the Speaker as if it had been on appeal. The certification shall be given 2 days (excluding Saturday and Sunday) in advance of a of an appeal or of a question of parliamentary procedure pursuant to this committee or council meeting for the purpose of considering legislation. Rule does not constitute an automatic stay to further legislative action If the notice is given by 4:30 p.m. to the Sergeant at Arms and the Clerk, on the measure under consideration. a bill or proposed bill or substitute may be heard at any time on the second succeeding day. After the 45th calendar day and during any (c) The responsibility for the safekeeping of original filed bills extended or special session, the notice shall be given at least 1 day in committed to a committee or council shall vest in the committee or advance of the committee or council meeting. council Chair. The committee or council Chair may authorize a staff member to sign for receipt of bills referred to the committee or council. (b) If a committee or council is approved and scheduled for a meeting by the Speaker, but does not plan to meet, a notice stating that no 7.6—Absence of the Chair meeting is to be held shall be filed with the Clerk and posted on the committee or council door. For the purpose of convening or presiding over a meeting in the absence of the Chair, the Vice Chair shall assume all duties of the Chair until the (c) Except when sitting to consider the substance of legislation, the Chair’s return or replacement, unless a temporary Chair has been Committee on Rules, Ethics & Elections and the Procedural & appointed by the Speaker to assume those duties instead. Redistricting Council shall be exempt from the requirements of this 7.7—Meetings of Committees and Councils Rule.

Committees and councils shall meet at the call of the Chair, within the 7.13—Nature and Distribution of Notice dates and times reserved by the Speaker. (a) A notice shall include a listing and sufficient title for 7.8—Notice of Room Assignment to the Public identification of any and all bills or proposed bills to be considered by the committee or council holding the meeting, including, time permitting, Each committee or council shall regularly meet in the room assigned for those pending on reconsideration. However, failure to include a bill its use by the Sergeant at Arms, and notice of such assignment shall be pending on reconsideration in the notice does not preclude the motion to posted. reconsider from being made as provided under Rule 7.17(b).

7.9—Time for Meetings (b) A notice shall state the date, time, and place of a meeting and be provided to the Clerk, the Sergeant at Arms, the sponsor, and the A committee or council Chair may arrange with the Sergeant at Arms members of the committee or council. The notice shall also be provided for an evening or other special meeting; however, no committee or to any Member who has given the Chair, on a form provided by the council meeting shall begin before 8:00 a.m. or last beyond 8:00 p.m. committee or council and signed by the Chair, timely written notice of unless granted special leave by the Speaker to do so. the Member’s desire to be notified on a specific bill. The Sergeant at 7.10—Committees and Councils Meeting During House Session Arms, in receiving such notices, shall show on a receipt the day and hour received. No committee or council shall meet while the House is in session without the consent of the House, except the Procedural & Redistricting Council (c) Whenever timely, the Clerk shall enter such notices in the and the Committee on Rules, Ethics & Elections, when meeting to Calendar of the House. consider matters other than legislation, and conference committees. 7.14—Notices of Meetings Between Sessions 7.11—Consideration of Bills, Including Proposed Committee Bills and Proposed Committee or Council Substitutes During the period when the Legislature is not in session, before any committee or council holds a meeting for the purpose of considering a (a) The Chair of any committee or council shall give prior notice in prefiled bill, a proposed committee bill (PCB), or a proposed committee writing of the intention to take up any bill or proposed bill or substitute. or council substitute (PCS), a notice of such meeting shall be filed with the Clerk and the Sergeant at Arms no later than 7 calendar days before (b) Proposed committee bills (PCBs) shall be treated as other bills in the Friday preceding the week of the meeting. If a committee or council meeting the requirements for notice under Rules 7.12-7.14. The is approved and scheduled for a meeting by the Speaker, but does not committee administrative assistant shall provide a copy of any PCB to plan to meet, a notice stating that no meeting is to be held shall be filed. each committee member no later than the time of posting of notice and The committee or council administrative assistant shall send copies of make copies of PCBs available, upon request, to other Members of the the notice to the members of the committee or council, to the first-named Legislature and to the general public. Delivery to committee members sponsor of the bill, and to such sponsors and others who have requested shall be by mail or other, appropriate, electronic means during the notice. This notice shall state the date, time, and place of the meeting, interim and shall be to House offices when the House is in session. A PCB taken up without the committee conforming to this Rule shall be the bill number, and a portion of the title sufficient for identification. regarded as being considered in workshop session only, with final action Whenever timely, the Clerk shall enter such notices in an Interim carried over to a future meeting of the committee at which the Calendar. When two meetings have been scheduled by a committee or requirements of this Rule have been met. council during a 30-day period when the Legislature is not in session, the Chair may provide in the notice for the first meeting that bills placed (c) Proposed committee or council substitutes (PCSs) shall meet the on the agenda for the first meeting and not reported out shall be notice requirements that apply to PCBs. available for consideration at the second meeting without further notice. 90 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

7.15—Notices Furnished to Majority and Minority Offices 7.20—Voting in Committee or Council

In addition to any other provisions of these Rules, notices required to be A majority of the members of a committee or council present, a quorum filed with the Clerk shall be furnished to the Majority Office and the having been established, shall agree by their recorded votes upon the Minority Office. disposition of any bill or other main question considered by the committee or council. (Florida Constitution, Article III, Section 4(c): “In 7.16—Continuation of Meetings on Same Day any legislative committee or subcommittee, the vote of each member voting on the final passage of any legislation pending before the A committee or council may continue the consideration of properly committee, and upon the request of any two members of the committee noticed legislation after the expiration of the time set for the meeting if or subcommittee, the vote of each member on any other question, shall a majority agree to continue or to temporarily recess to continue the be recorded.”) meeting at a time and place certain on the same day, provided there is no conflict with another scheduled committee or council meeting. 7.21—Proxy Voting Prohibited; Votes Recorded After Roll Call

7.17—Reconsideration in Committee or Council A member of a committee or council may not, under any circumstance, vote by proxy. Absent members may have recorded an indication of how The Rules of the House shall govern proceedings in committee or council they would have voted if present, but this shall not be counted on a roll insofar as they are applicable, except that a motion for reconsideration call. shall be treated in the following manner: 7.22—Quorum Required; Reports by Poll Prohibited (a) When a main question has been decided by a committee or council, any Member voting with the prevailing side, or any Member A committee or council may not file a report unless the committee or when the vote was a tie or by voice, may move for reconsideration council has met at an authorized time and place, with a quorum present. instanter or leave the motion pending. By a two-thirds vote of the A majority of the membership of the committee or council shall Members present and voting, the committee or council may take up for constitute a quorum. If any matter is reported on the basis of a poll, such immediate disposition any such motion to reconsider left pending. The matter shall be recommitted by the Speaker or Chair to the committee motion to reconsider may be made at any time during the same meeting or council upon a point of order. prior to the adoption of a motion to rise or to the committee’s or council’s 7.23—Nature and Contents of Committee and Council Reports rising without motion upon the time of adjournment having arrived. (a) It shall be the duty of committees and councils to report bills (b) A motion to reconsider that has been made and left pending shall either favorably, favorably with (number of) committee or council be a special and continuing order of business for the next succeeding amendment(s), favorably with committee or council substitute, or committee or council meeting, which, unless considered at that meeting unfavorably, but never “without recommendation.” A motion to lay a bill on the request of any member of the committee or council, shall be “on the table” shall be construed as a motion to report the pending bill deemed abandoned, and the committee or council administrative unfavorably. assistant shall forthwith report the bill to the Clerk. (b) Each report of a committee or council must contain the action of (c) A motion to reconsider a collateral matter must be disposed of the committee or council on the bill being transmitted, together with a during the course of consideration of the main subject to which it is Committee or Council Information Record stating: related. (1) The time and place of the meeting at which the action was taken; (d) If the committee or council refuses to reconsider or, upon reconsideration, confirms its prior decision, no further motion to (2) The name and address of each person addressing the committee reconsider shall be in order except upon unanimous consent of the or council relative to the measure and, if any agent, the interest committee or council members present. represented; and

(e) After the 45th day of a regular session or at any time during an (3) The vote of each member of the committee or council on the extended or special session, the motion to reconsider must be disposed motion to report each bill. of when made. (c) Each report by a committee or council shall set forth the (f) If a motion to reconsider is not made at the meeting at which a identifying number of the bill, and, if amendments are proposed by the committee or council, the words “with (number of) amendment(s)” shall bill has been considered and decided, the committee or council follow the identifying number. For the purpose of documentation, administrative assistant shall forthwith report the bill to the Clerk. committees and councils shall retain copies of their reports and 7.18—Open Meetings; Decorum amendments adopted, rejected, or withdrawn, with the committee or council action noted thereon. (a) All meetings of all committees and councils shall be open to the public at all times, subject always to the authority of the Chair to (d) After the committee or council report has been filed with the maintain order and decorum. However, when necessary for the Clerk as provided in these Rules, the Clerk shall preserve the protection of a witness and with the concurrence of the Speaker, a Chair Committee or Council Information Record for the convenient inspection may close a committee or council meeting, or portion thereof, and the by the public during the legislative session. record of such meeting may not disclose the identity of the witness (e) Committees and councils shall, after consideration of prefiled appearing before the committee or council. bills, report their actions promptly, in the manner prescribed by these (b) The authority of the Chair to maintain order and decorum Rules. Once received by the Clerk, a committee or council report on a includes the authority to require all persons attending a committee or prefiled bill shall not be subject to recall by the committee or council. council meeting to silence all telephones, audible beepers, and other 7.24—Minority Reports audible electronic equipment. Minority reports on any matter may be admitted only by majority vote 7.19—Unfavorable Reports of the House.

A bill reported unfavorably to the Clerk shall be laid on the table. A bill 7.25—Fiscal Analysis so reported may be taken from the table upon the motion of any Member on the floor, adopted by a two-thirds vote of the Members present and All general bills affecting revenues, expenditures, or fiscal liability shall voting, after debate not to exceed 6 minutes evenly divided between be accompanied by a fiscal analysis upon being reported favorably by a proponents and opponents of the motion. fiscal standing committee. Fiscal analyses shall state in dollars the January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 91 estimated increase or decrease in revenues or expenditures and the any other bill. A committee or council may also combine two or more bills present and future fiscal implication of the bill. A fiscal analysis shall into such a substitute bill. The substitute bill, signed by the Chair, shall be regarded as a memorandum of factual information and may be carry the identifying number of each original bill and shall be returned included within the body of the bill analysis that accompanies the bill, to the Clerk in the same form as required for introduction of a bill. Upon which statement shall be made available to Members. The fiscal the filing of such report, the original bill or bills shall be laid on the table analysis portion of the bill analysis shall not express comment or of the House. Any other committee or council of reference shall direct its opinion relative to the merits of the legislation proposed, but should attention to the substitute bill. point out technical or mechanical defects. If any bill of this nature is reported favorably by any fiscal standing committee without a fiscal (b) The sponsor of a committee substitute is the committee, and the analysis having been prepared or a statement that the bill has no effect sponsor of a council substitute is the council. Each sponsor of the on revenues, expenditures, or fiscal liability, it shall be the right of any original bill or bills shall be shown by the committee or council Member to raise a point of order on second reading and the Speaker administrative assistant as a cosponsor of the substitute unless such may, in the Speaker’s discretion, order return of the bill to the sponsor notifies the committee or council administrative assistant in appropriate fiscal committee. The accuracy of a fiscal analysis shall not writing that he or she wishes to withdraw as a cosponsor. If every be a basis for a point of order under these Rules. A fiscal analysis sponsor of the original bill or bills requests to withdraw as a cosponsor, prepared for a House bill may be presumed as prepared also for its the committee or council substitute shall not be delivered to or accepted Senate companion. by the Clerk for introduction, unless another Member consents to designation as a cosponsor, and the original bill or bills shall be reported 7.26—Where Reports Are Delivered “unfavorably” in accordance with Rule 7.23. Committee or council reports, whether favorable or unfavorable, shall be 7.30—Committee Bills; Designation of Cosponsors delivered to the Clerk at a designated place in the office of the Clerk no later than 12:00 noon of a legislative day. Reports delivered after 12:00 A bill introduced by a committee shall be accompanied by a Committee noon shall be considered delivered on the next legislative day. The Information Record. A committee, in introducing a committee bill, shall original bill or bills shall accompany the report. designate a member of the committee as cosponsor, with the approval of 7.27—Journal Entry such member, and may designate other members of the committee as cosponsors, with their approval. The bill shall be shown by the Clerk as As bills are reported, the identifying number of a bill, together with the having been introduced by the committee and the Member or Members action of the committee or council, whether favorable, unfavorable, so designated. If no Member consents to designation as a cosponsor, the favorable with (number of) amendment(s), or favorable with substitute, bill may not be delivered to or accepted by the Clerk for introduction. shall be entered in the Journal. Part Three—Conference Committees 7.28—Committee and Council Amendments 7.31—Conference Committee Meetings; Procedures (a) Amendments recommended by committees or councils must be produced on the legislative computer on the prescribed forms in (a) Meetings of conference committees shall be open to the public at accordance with the requirements of the Clerk and securely affixed to all times, subject always to the authority of the Chair to maintain order the bill. and decorum.

(b) Committees and councils may only consider amendments (b) All actions taken in conference committees shall be by motion. presented in final written form prior to adoption. (c) The Chair of any conference committee shall give prior notice of (c) Every Member may offer amendments to bills being considered intention to meet. The notice shall state the date, time, and place of by any committee or council of the House. If not appointed to the meeting and be posted on the door of the committee or council managing committee or council, a Member who offers an amendment must comply the conference for the House at least 2 hours prior to the time of the with the amendment filing deadline and must be present at the meeting. meeting. If such Member is not present, the amendment may still be considered, but only if taken up and offered by a Member who is appointed to the 7.32—Composition of Conference Committee committee or council. A conference committee shall consist of managers from each house. The (d) During the first 45 calendar days of a regular session, the filing conference committee shall select one of its members to preside. A deadline for amendments to be offered in a committee or council by conference committee report shall require the affirmative votes of a nonappointed Members shall be 5:00 p.m., 1 day (excluding Saturday majority of the managers from each house. The report shall be and Sunday) in advance of the committee or council meeting. After the accompanied by the original bill. 45th day and during any extended or special session, such amendments 7.33—Presentation of Conference Committee Report shall be filed 2 hours before the committee or council meeting. Amendments introduced by committee or council members, including ex (a) The receiving of conference committee reports shall always be in officio members, shall not be subject to these filing deadlines and may order, except when the House is voting on any proposition. When a be offered at any time during consideration of a bill. conference committee report is presented to the House, the sequence shall be: (e) Amendments adopted by all committees and councils of reference (except those incorporated in a committee or council substitute) shall (1) The vote first shall be on whether the report shall be considered accompany a bill when filed with the Clerk. No committee or council at that moment. shall physically remove from the jacket an amendment adopted by a prior committee or council, and no amendment of a committee or council (2) The next vote shall be on acceptance or rejection of the report as may be subject to a negative roll call of another committee or council. an entirety. The report must be acted upon as a whole, being agreed to Instead, there may be adopted nullifying or amendatory language by a or disagreed to as an entirety. subsequent committee or council of reference by way of an amendment to the amendment or a substitute amendment. (3) The final vote shall be a roll call on the passage of the bill as amended by the report. 7.29—Committee or Council Substitutes (b) If either paragraph (a)(2) or paragraph (a)(3) fails, the report (a) A committee or council, in reporting a bill, may draft a new, shall be automatically recommitted to the conference committee. If a substitute bill embracing the same general subject matter, to be motion to reconsider is made, the vote first would be on paragraph (a)(2) returned to the Clerk in the same manner as the favorable reporting of and then on paragraph (a)(3). 92 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

7.34—Form of Conference Committee Report witnesses, production of documents or evidence, and the conduct of meetings before such committee or council: (a) When a conference committee has redrafted a bill, the committee shall report an amendment striking everything after the enacting (a) If any standing or select committee or council fails in any clause, together with an appropriate title amendment if needed. material respect to comply with the requirements of this Rule, any person subject to subpoena or subpoena duces tecum who is injured by (b) Each conference committee report must be accompanied by a such failure shall be relieved of any requirement to attend the meeting statement, written or oral, sufficiently explicit to inform the House of for which the subpoena was issued or, if present, to testify or produce the changes in the bill sent to conference. evidence therein, and such failure shall be a complete defense in any 7.35—Time Restraints on Conference Committees proceeding against such person for contempt or other punishment.

(a) During the first 54 calendar days of a regular session, it shall be (b) In addition, the following rules of procedure will be followed at all a motion of highest privilege either to discharge the House managers meetings of standing or select committees or councils: and appoint new House managers or to instruct the House managers (1) A standing or select committee or council may exercise its powers after House and Senate managers have been appointed for 7 calendar during sessions of the Legislature and in the interim. days and have failed to report. (2) A standing or select committee or council that conducts meetings (b) During the last 6 calendar days of a regular session, it shall be for the purpose of taking sworn testimony from witnesses shall consist a motion of highest privilege either to discharge the House managers of not fewer than five members. and appoint new House managers or to instruct the House managers after House and Senate managers have been appointed for 36 hours and (3) A quorum of a standing or select committee or council that have failed to report. conducts meetings for the purpose of taking sworn testimony from witnesses shall consist of a majority of the total authorized membership. 7.36—When Managers Are Unable to Agree (4) No action shall be taken by a standing or select committee or When a conference committee is appointed in reference to any bill and council at any meeting unless a quorum is present. Such committee or the House managers report inability to agree, no action of the House council may act by a majority vote of the members present at a meeting taken prior to such appointment shall preclude further action by the at which there is a quorum, unless the Rules or any law requires a House as the House may determine. greater number or proportion.

Part Four—Oversight Responsibilities and Powers (5) Any standing or select committee or council, when conducting a 7.37—Oversight Role meeting for the purpose of taking sworn testimony, shall give each member of the committee or council not less than 3 calendar days’ (a) Standing and select committees and councils shall have written notice of any meeting to be held when the Legislature is in oversight responsibilities in order to assist the House in: session and at least 7 calendar days’ written notice of any meeting to be held when the Legislature is not in session. Such notices shall include (1) Its analysis, appraisal, and evaluation of: a statement of the subject matter of the meeting.

a. The application, administration, execution, and effectiveness of (6) The presiding member at a meeting may direct a witness to the laws enacted by the Legislature; or answer any relevant question or furnish any relevant book, paper, or b. Conditions and circumstances that may indicate the necessity or other document, the production of which has been required by subpoena desirability of enacting new or additional legislation; and duces tecum. Unless the direction is overruled by a majority vote, disobedience shall constitute contempt as defined in these Rules. (2) Its formulation, consideration, and enactment of such modifications or changes in those laws, and of such additional (7) Before or during a meeting, a witness or the witness’s counsel legislation, as may be necessary or appropriate. may file with the standing or select committee or council, for incorporation into the record of the meeting, sworn written statements (b) Substantive standing committees shall review the budgets and relevant to the purpose, subject matter, and scope of the committee’s or performance of state agencies within their jurisdictions. council’s investigation or inquiry. Any such witness, however, shall, prior to filing such statement, consent to answer questions from such 7.38—Oversight Powers committee or council regarding the contents of the statement.

(a) Each standing or select committee or council is authorized to (8) When the Chair of any standing or select committee or council invite public officials and employees and private individuals to appear determines that such procedure would expedite the inquiry or save before the committee or council for the purpose of submitting expenses, the Chair, with the concurrence of the Speaker, may authorize information to it. the conduct of proceedings by depositions, interrogatories, or (b) Each standing or select committee or council is authorized to compulsory production of documents as provided in this Rule. These maintain a continuous review of the work of the state agencies proceedings shall be in the nature of statements under oath taken by a concerned with its subject area and the performance of the functions of state attorney. Counsel for a person under investigation may be allowed government within each such subject area, and for this purpose to to attend such depositions at the discretion of the Chair. Participation request reports from time to time, in such form as such committee or by such counsel at the depositions may also be allowed at the discretion council shall designate, concerning the operation of any state agency of the Chair. Any requests for attendance or participation should be and presenting any proposal or recommendation such agency may have addressed to the Chair. If the requests are denied, a person may appeal with regard to existing laws or proposed legislation in its subject area. the Chair’s ruling to the Speaker, but there shall be no stay of proceedings pending such appeal. (c) In order to carry out its duties, each standing or select committee or council is empowered with the right and authority to inspect and (c) When counsel for a person subject to deposition is allowed to investigate the books, records, papers, documents, data, operation, and participate in the proceedings under the guidelines of the standing or physical plant of any state agency. select committee or council, testimony or other evidence taken may be introduced before the standing or select committee or council regardless 7.39—Conduct of Meetings of Investigative Committees and of whether the person or the person’s counsel takes advantage of the Councils opportunity.

Each standing or select committee or council shall comply with the (1) The Chair, with the concurrence of the Speaker, may authorize following procedures with respect to compelling attendance of a lawyer for the standing or select committee or council to take January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 93 depositions of witnesses before a court reporter or notary public of this 8.3—When Two Members Rise at Once state. The deposition notice and any subpoena used therewith may identify persons either by name or by job description, and such persons When two or more Members rise at once, the Speaker shall name the one may be required to attend and give testimony pursuant to the guidelines who is to speak first. This decision shall be final and not open to debate of the standing or select committee or council. or appeal. 8.4—Recognition of Members (2) The Chair, with the concurrence of the Speaker, may authorize the issuance of interrogatories to be answered under oath, and these There shall be no appeal from the Speaker’s recognition, but the shall require the person to whom they are directed to appear before a Speaker shall be governed by the Rules and usage in priority of notary public or court reporter and answer the questions under oath. entertaining motions from the floor. When a Member seeks recognition, These may be served by mail or by personal service and shall be the Speaker may ask, “For what purpose does the Member rise?” or “For answered under oath no later than 7 days from the date of mailing or 3 what purpose does the Member seek recognition?” days from the date of personal service. Any interrogatory may require that a person to whom it is directed (identified by name or job 8.5—Recognition of Gallery Visitors and Physician of the Day description) return the interrogatory in the mail or have it available for On written request by a Member, on a form prescribed by the Committee delivery to the lawyer for the standing or select committee or council on on Rules, Ethics & Elections, the Speaker may recognize or permit the a date certain. Member to recognize any person or persons in the gallery. After (3) If any substantive or procedural question arises during any granting a request for recognition, the Speaker shall afford that proceedings authorized by these Rules, the question shall be referred to recognition at a convenient place in the order of business, considering the Chair of the standing or select committee or council or to any the need for order and decorum and the need for continuity of debate. committee or council member designated by the Chair to pass on such At an appropriate time during proceedings on the floor, the Speaker may questions. Communication shall be made with the Chair or any recognize a Physician of the Day. designated committee or council member by the most rapid available Part Three—Debate means, including telephone, and the resolution of such questions, including without limitation questions on the scope of the discovery, 8.6—Decorum may be communicated by telephone. If any person is dissatisfied with such a decision, appeal may be made to the Speaker, but there shall be The Members shall attend to the debates unless necessarily prevented, no stay of proceedings pending such appeal. and no Member shall stand between the Speaker and a Member recognized to speak.

RULE EIGHT 8.7—Speaking and Debate

CHAMBER PROTOCOL (a) A Member may not speak more than once or occupy more than 15 minutes in debate on any question. A Member who has the floor may not Part One—Privilege of the Floor be interrupted by another Member for any purpose, save the privilege 8.1—Privilege of the Floor of the House, unless he or she consents to yield to the other Member. A Member desiring to interrupt another in debate should first address the (a) Other than present Members of the House and of the Senate, the Speaker for the permission of the Member speaking. The Speaker shall persons hereinafter named, and none other, shall be admitted during then ask the Member who has the floor if he or she wishes to yield, and regular daily sessions to the Chamber of the House: the Governor, the then announce the decision of that Member. Whether to yield shall be Lieutenant Governor, Cabinet Members, Justices of the Supreme Court, entirely within the speaking Member’s discretion. However, this Members of Congress, contestants in election cases during the pendency subsection shall not deprive the sponsor or mover of the right to close of their cases in the House, such persons as have, by name, received the when the effect of an amendment or motion would be to kill the bill, thanks of the Legislature, former Governors, former Members of the amendment, or motion. Cabinet, former Members of the House and Senate who are not interested in any claim or directly in any bill pending before the (b) Debate may not be disguised in the form of a question. Legislature, and such employees of the House as may be needed on 8.8—Right to Open and Close Debate public business, including such committee or council staff as shall be designated by committee or council Chairs and approved by the The mover of any proposition, or the Member reporting any measure Speaker. Visiting dignitaries or official guests may be granted the from a committee or council, or, in the absence of either of them, any privilege of the floor upon motion adopted by a majority of the House. other Member designated by such absentee, shall have the right to open Persons granted the privilege of the floor may not lobby the Members and close the debate, and for this purpose may speak each time not more while the House is in session, unless by motion granted leave to address than 10 minutes, unless otherwise limited by majority vote of the House, the House. notwithstanding the limitation in Rule 8.7(a).

(b) When the House is in session, all persons in the House Chamber Part Four—Materials and Meals in Chamber shall be dressed in proper business attire. 8.9—Distribution of Materials in Chamber; Newspapers; Meals Part Two—Speaking in Chamber

8.2—Addressing the House; Requirements to Spread Remarks (a) The following constitutes policy regarding material distributed to Upon the Journal the general membership through the Sergeant at Arms’ Office and pages: (a) When a Member desires to speak or deliver any matter to the House, the Member shall rise and respectfully address the Speaker as (1) All material prior to such distribution must be approved by the “Mr. (or Madam) Speaker” and shall confine all remarks to the question Committee on Rules, Ethics & Elections, acting through its Chair. under debate, avoiding personalities. Once recognized, a Member may speak from the Member’s desk or may, with the Speaker’s permission, (2) The following official materials have heretofore been approved speak from the well. and will continue to be approved: House and Senate bills, resolutions, memorials, and amendments thereto, and official calendars and (b) Any motion to spread remarks upon the Journal, except those of journals; committee and council meeting notices; communications from the Governor or the Speaker, shall be referred to the Committee on the Speaker and Clerk and official communications from the Senate; Rules, Ethics & Elections for recommendation before being put to the and official staff reports of standing or select committees or councils or House. of the majority or minority parties. 94 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

(b) No newspapers may be distributed or otherwise permitted in the 9.5—No Member to Vote for Another Except by Request House Chamber while the House is in session without waiver of policy by two-thirds vote of the Members present and voting. This subsection No Member may vote for another Member except at the other Member’s does not apply to personal use by an individual Member of a newspaper request when absent from his or her seat but present elsewhere in the Chamber, nor may any person who is not a Member cast a vote for a as resource or reference material for purposes of debate or to the Member. In no case shall a Member vote for another on a quorum call. transmittal of material from one Member to another on the floor of the Any Member who votes or attempts to vote for another Member in House. violation of this Rule may be punished in such a manner as the House (c) No meals will be allowed on the floor without waiver of policy by may deem proper. Any person who is not a Member and who votes two-thirds vote of the Members present and voting. This shall not be wrongfully in the place of a Member shall be excluded from the Chamber construed to prevent the serving of drinks such as juices, coffee, tea, soft for the remainder of the session, in addition to such punishment as the drinks, milk, and the like. House may deem proper.

Part Five—Miscellaneous Papers 9.6—Pairing

8.10—Miscellaneous Papers Pairing shall be permitted only upon the absence of both Members for good cause and shall be in writing and specifically state the bill or bills Papers of a miscellaneous nature addressed to the House may, at the or questions upon which pairs are arranged. Before the vote, paired discretion of the Speaker, be read, noted in the Journal, or filed with the votes shall be filed in writing with the Clerk and be recorded in the appropriate committee or council. When the reading of a paper other Journal as an indication of how both Members would have voted. Paired than one upon which the House is called to give a final vote is demanded, votes are not counted and shall not be shown on roll calls. and such reading is objected to by any Member, it shall be determined 9.7—Explanation of Vote without debate by the House by majority vote. A Member may not explain his or her vote during a roll call, but may RULE NINE reduce his or her explanation to writing, in not more than 200 words, and upon filing with the Clerk, this explanation shall be spread upon the VOTING Journal. 9.1—Members Shall Vote RULE TEN Every Member shall be within the House Chamber during its sittings, unless excused or necessarily prevented, and shall vote on each question ORDER OF BUSINESS AND CALENDARS put. Part One—Order of Business

9.2—Taking the Yeas and Nays 10.1—Daily Sessions

The Speaker shall declare all votes, but if any Member rises to doubt a The House shall meet each legislative day at 9:30 a.m. or as stated in the vote, upon a showing of hands by five Members, the Speaker shall take motion adjourning the House on the prior legislative day on which the the sense of the House by oral roll call or electronic roll call. When taking House met. the yeas and nays on any question, the electronic roll-call system may be used, and when so used shall have the force and effect of a roll call 10.2—Daily Order of Business taken as provided in these Rules. This system likewise may be used to (a) When the House convenes on a new legislative day, the daily determine the presence of a quorum. When the House is ready to vote order of business shall be as follows: upon a question requiring roll call, and the vote is by electronic roll call, the Speaker shall say, “The question now recurs on (designating the 1. Call to Order. matter to be voted upon). The Clerk will unlock the machine and the House will proceed to vote.” When sufficient time has elapsed for each 2. Prayer. Member to vote, the Speaker shall ask, “Have all Members voted?” And 3. Roll Call. after a short pause the Speaker shall say, “The Clerk will lock the machine and record the vote.” When the vote is completely recorded, the 4. Pledge of Allegiance. Speaker shall announce the result to the House, and the Clerk shall record the action upon the Journal. 5. Correction of the Journal.

9.3—Vote of the Speaker or Temporary Presiding Officer 6. Communications.

The Speaker or temporary presiding officer is not required to vote in 7. Messages from the Senate. legislative proceedings other than on final passage of a bill, except when 8. Reports of Councils and Standing Committees. the Speaker’s or temporary presiding officer’s vote would be decisive. In all yea and nay votes, the Speaker’s or temporary presiding officer’s 9. Reports of Select Committees. name shall be called last. With respect to voting, the Speaker or 10. Motions Relating to Committee or Council References. temporary presiding officer is subject to the same disqualification and disclosure requirements as any other Member. 11. Matters on Reconsideration.

9.4—Votes After Roll Call 12. Bills and Joint Resolutions on Third Reading.

After the result of a roll call has been announced, a Member may advise 13. Special Orders. the Clerk of how the Member would have voted or of the Member’s wish to change the Member’s vote. The Clerk shall provide forms for the 14. Unfinished Business. recording of these actions. When timely made, these requests shall be 15. Introduction and Reference. shown beneath the roll call in the Journal. Otherwise, the request shall be shown separately in the Journal. In no instance, other than by reason (b) During special sessions, the order of business of Introduction and of an electronic or mechanical malfunction, shall the result of a voting Reference shall be conducted immediately following the order of machine roll call on any bill be changed. business of Correction of the Journal. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 95

(c) By majority vote of the Members present, the House may on (b) Before any bill shall be read the third time, whether amended or motion of the Chair of the Procedural & Redistricting Council move not, it shall be referred without motion to the Engrossing Clerk for either to the Order of Business of Bills and Joint Resolutions on Third examination and, if amended, the engrossing of amendments. In the Reading or Special Orders. The motion may provide which matter on case of any Senate bill amended in the House, the amendment adopted such order of business may be considered. shall be reproduced and attached to the bill amended in such manner that it will not be lost therefrom. 10.3—Chaplain to Offer Prayer (c) A bill shall be deemed on its third reading when it has been read A chaplain shall attend at the beginning of each day’s sitting of the a second time on a previous day and has no motion left pending. House and open the same with prayer. In the absence of a chaplain, the Speaker may designate someone else to offer prayer. Part Three—Bills Subject to Special Rule

10.4—Quorum 10.14—Bills Subject to Special Rule

A majority of the membership of the House shall constitute a quorum to (a) The Committee on Rules, Ethics & Elections may recommend do business. that a bill be subject to a Special Rule created by the committee in accordance with the requirements of this Rule. Upon adoption of a 10.5—Consideration of Senate Messages; Generally recommendation, the Committee on Rules, Ethics & Elections shall submit the recommendation to the Procedural & Redistricting Council Senate messages shall be considered by the House upon review and for adoption of the Special Rule, which, if adopted by a two-thirds vote approval by the Speaker. of the council members present and voting, shall be submitted to the Part Two—Readings House for its approval.

10.6—“Reading” Defined (b) A Special Rule shall prescribe the time and conditions of debate and amendment of the bill, may govern floor action on both second and “Reading” means the stage of consideration of a bill, resolution, or third readings, and may include one of the following three types of memorial after reading of a portion of the title sufficient for conditions or such other conditions as are deemed appropriate: identification, as determined by the Speaker. (1) Open, which allows the offering of any amendment, subject to 10.7—Reading of Bills approval of the designated floor manager and the overall time limits established under the Rule. Each bill shall receive three readings on three separate days previous to a vote upon final passage unless two-thirds of the Members decide (2) Structured, which allows the offering of only amendments that otherwise. (Florida Constitution, Article III, Section 7, in part: “Any bill have been approved for consideration by the Procedural & Redistricting may originate in either house and after passage in one may be amended Council. in the other. It shall be read in each house on three separate days, unless this rule is waived by two-thirds vote; provided the publication of its title (3) Closed, which prohibits the offering of any amendment, except in the journal of a house shall satisfy the requirement for the first technical amendments offered in the name of the Procedural & reading in that house. On each reading, it shall be read by title only, Redistricting Council. unless one-third of the members present desire it read in full.”) (c) The Special Rule may designate two floor managers, one to 10.8—Reading of Joint Resolutions allocate the time for debate and amendments for the proponents and one to allocate the time for debate and amendments for the opponents. The Each joint resolution shall receive three readings on three separate days floor managers shall be subject to approval by both the Majority Leader previous to a vote upon final passage unless two-thirds of the Members and the Minority Leader. decide otherwise. (d) A specific provision in a Special Rule is controlling over a 10.9—First Reading of Prefiled Bills conflicting provision of these Rules.

Prefiled bills shall be given first reading either on the first day of a (e) Neither a Senate bill nor a House bill returning from the Senate regular session or as soon thereafter as possible. The Clerk shall record with further action required may be subject to Special Rule. in the Journal the Speaker’s reference of bills. Part Four—Calendars 10.10—First Reading of Committee or Council Substitutes 10.15—Special Order Calendar Publication in the Journal of a committee or council substitute title with sponsors shall constitute first reading in the same manner as (a) REGULAR SESSION. Introduction and Reference. (1) The Procedural & Redistricting Council shall periodically 10.11—Reading of Concurrent Resolutions and Memorials submit, as needed, a Special Order Calendar determining the priority for consideration of legislation. The Procedural & Redistricting Council Concurrent resolutions and memorials shall receive two readings on two may include on a Special Order Calendar specific sections for local bills, separate days previous to a voice vote upon adoption, except that trust fund bills, bills to be taken up at a time certain, and bills subject concurrent resolutions extending a legislative session or involving other to Special Rule. Any amendment of a report proposing a Special Order procedural legislative matters authorized under Rule 5.10 may be read Calendar requires a two-thirds vote of the Members present and voting. twice without motion on the same legislative day. Upon adoption of a Special Order Calendar, no other bills shall be considered for the time period set forth for that Special Order Calendar, 10.12—Reading of House Resolutions except that any bill appearing on that Special Order Calendar may be Each House resolution shall receive two readings by title only previous stricken from it by a two-thirds vote of the Members present and voting to a voice vote upon adoption, except that resolutions of condolence, or any bill may be added to it pursuant to Rule 10.16. A previously commendation, or commemoration may be shown as read and adopted adopted Special Order Calendar shall expire upon adoption by the by publication in full in the Journal in accordance with Rule 10.20. House of a new Special Order Calendar.

10.13—Measures on Third Reading (2) Any committee, council, or Member may apply to the Procedural & Redistricting Council to place a bill on the Special Order Calendar. (a) Bills on third reading shall be taken up in the order in which the The Procedural & Redistricting Council may grant such requests by a House concluded action on them on second reading. majority vote. 96 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

(3) During the first 45 calendar days of a regular session, the (a) Senate Messages. Procedural & Redistricting Council shall publish the Special Order Calendar in two Calendars of the House, and it may be taken up on the (b) Conference Reports. day of the second published calendar. (c) Concurrent Resolutions. (b) EXTENDED OR SPECIAL SESSION. RULE ELEVEN (1) If the Legislature extends a legislative session, all bills on the Calendar at the time of expiration of the regular session shall be placed MOTIONS in the Procedural & Redistricting Council. 11.1—Motions; How Made (2) During any extended or special session, all bills upon being reported favorably by the last committee of reference shall be placed in Every motion shall be made orally, except when requested by the the Procedural & Redistricting Council. Speaker to be reduced to writing.

(3) During any extended or special session, the Procedural & 11.2—Precedence of Motions During Debate Redistricting Council shall establish a Special Order Calendar and only (a) When a question is under debate, the Speaker shall receive no those bills on such Special Order Calendar shall be placed on the motion except: Calendar of the House. (1) To adjourn at a time certain. 10.16—Consideration of Bills Not on Special Order (2) To adjourn. A bill not included on the Special Order Calendar may be considered by the House upon two-thirds vote of the Members present and voting. (3) To recess to a time certain.

10.17—Consent Calendar (4) To lay on the table.

The Procedural & Redistricting Council may submit a Consent Calendar (5) To reconsider. designed to expedite the consideration of noncontroversial legislation, according to procedures recommended by the Procedural & Redistricting (6) For the previous question. Council and approved by the House. (7) To limit debate. 10.18—Requirements for Placement on a Calendar (8) To temporarily postpone. No measure may be placed on a calendar until it has been reported (9) To postpone to a time or day certain. favorably by each committee or council of reference. (10) To refer to or to recommit to committee or council. 10.19—Informal Deferral of Bills

Whenever the Member who introduced a bill, or the Chair of the (11) To amend. committee or council that reported it, is absent from the Chamber when (12) To postpone indefinitely. the bill has been reached in the regular order on second or third reading, consideration shall be informally deferred until the Member’s or (13) To amend by striking out the enacting or resolving clause. committee or council Chair’s return, unless another Member consents to offer the bill on behalf of the original Member or committee or council (b) Such motions shall have precedence in the descending order Chair. The bill shall retain its position on the Calendar during the same given. legislative day. The Member or committee or council Chair shall have 11.3—Questions of Order Decided Without Debate the responsibility of making the motion for its subsequent consideration. All procedural questions of order, arising after a motion is made for any Part Five—Resolutions of Condolence, Commendation, or of the motions named in Rule 11.2 and pending that motion, shall be Commemoration decided by the Speaker without debate, whether on appeal or otherwise; 10.20—Resolutions of Condolence, Commendation, or however, the Speaker may ask the House for comment. Commemoration Published in Journal 11.4—Division of Question Upon favorable report by the Committee on Rules, Ethics & Elections, Any Member may call for a division of a question when the sense will a resolution of condolence, commendation, or commemoration may be admit of it. A motion to strike out and insert shall be deemed indivisible. shown as read and adopted by publication in full in the Journal. The A motion to strike out, being lost, shall preclude neither amendment nor Procedural & Redistricting Council shall periodically distribute a list of a motion to strike out and insert. such resolutions 1 day (excluding Saturday and Sunday) prior to the day of their publication, during which time any Member may file an 11.5—Motion to Recess to a Time Certain objection with the council to any resolution listed. Each resolution for which an objection has been filed shall be removed from the list and A motion to recess to a time certain shall be treated the same as a placed on the Calendar of the House. All resolutions without objections motion to adjourn, except that the motion is debatable when no business shall be printed on the next legislative day in the Journal and is before the House and can be amended as to the time to recess and considered adopted by the House. duration of the recess. It yields only to a motion to adjourn.

Part Six—Consideration Limits 11.6—Motion to Lay on the Table

10.21—Consideration Limits to Bills After Day 55 A motion to lay on the table is not debatable and cannot be amended; however, before the motion is put, the sponsor of a bill or debatable After the 55th calendar day of a regular session, no House bills on motion shall be allowed 5 minutes within which to discuss the same and second reading may be taken up and considered by the House. may divide the time with, or waive this right in favor of, some other 10.22—Consideration Limits to Bills After Day 58 Member. A motion to table a main question requires a majority vote. A motion to lay an amendment on the table, if adopted, does not carry with After the 58th calendar day of a regular session, the House may consider it the measure to which it adheres. A motion to lay an amendment on only: the table may be adopted by a majority vote. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 97

11.7—Motion to Reconsider sponsor or mover shall have an additional 5 minutes within which to close the debate and may divide the allotted time with, or waive it in (a) When a motion or main question has been made and carried or favor of, some other Member. lost, it shall be in order at any time as a matter of right on the same or succeeding legislative day for a Member voting with the prevailing side, 11.10—Motion to Temporarily Postpone or for any Member in the case of a voice or tie vote, to move for reconsideration thereof. When a majority of Members vote in the The motion to temporarily postpone shall be decided without debate and affirmative but the proposition is lost because it is one in which the shall cause a measure to be set aside but retained on the desk. If a main concurrence of a greater number than a majority is necessary for question has been temporarily postponed after having been debated or adoption or passage, any Member may move for a reconsideration. No after motions have been applied and is not brought back before the bill referred or recommitted to a committee or council by a vote of the House on the same legislative day, it shall be placed under the order of House shall be brought back into the House on a motion to reconsider. unfinished business on the Calendar of the House. If a main question is The motion to reconsider shall require a majority vote for its adoption, temporarily postponed before debate has commenced or motions have and such motion shall not be renewed on any proposition, after once been applied, its reading shall be considered a nullity and the bill shall being considered by vote of the House, except by unanimous consent. retain its original position on the order of business. The motion to return Debate shall be allowed on a motion to reconsider only when the to consideration of a temporarily postponed main question shall be made question that it is proposing to reconsider is debatable. When debate under the proper order of business when no other matter is pending. If upon a motion to reconsider is in order, no Member shall speak thereon applied to a collateral matter, the motion to temporarily postpone shall more than once or for more than 5 minutes. The adoption of a motion to not cause the main question to be carried with it. After having been reconsider a vote upon any secondary matter shall not remove the main temporarily postponed, if a collateral matter is not brought back before subject under consideration from consideration of the House. A motion the House in the course of consideration of the adhering or main to reconsider a collateral matter must be disposed of at once during the question, it shall be deemed abandoned. course of the consideration of the main subject to which it is related, and 11.11—Motions to Withdraw or Refer Bills such motion shall be out of order after the House has passed to other business. (a) Any Member may, no later than under the order of business of Motions Relating to Committee or Council References on the legislative (b) The Clerk shall retain possession of all bills and joint resolutions day following reference of a bill, move for reference from one committee for the period after passage during which reconsideration may be or council to a different committee or council, which shall be decided by moved; however, during the last 14 calendar days allowed under the a majority vote. Florida Constitution for a regular session and during any extensions thereof, or during any special session, these shall be transmitted to the (b) A motion to withdraw a bill from committee or council, or to refer Senate forthwith. a bill from one committee or council to another committee or council (c) The adoption of a motion to waive the Rules and immediately other than as provided in subsection (a), may be made during the certify any bill to the Senate shall be construed as releasing the measure regular order of business and shall require an affirmative vote of two- from the Clerk’s possession for the period of reconsideration. Local bills, thirds of the Members present and voting. concurrent resolutions, and memorials shall be transmitted to the (c) A motion to refer a bill to an additional committee or council may Senate without delay. Messages relating to procedural motions, to be made during the regular order of business and shall require an House action on Senate amendments, or to conference committee affirmative vote of two-thirds of the Members present and voting. reports shall be transmitted forthwith. (d) A motion to refer shall be debated only as to the propriety of the 11.8—Motion for the Previous Question reference.

(a) The previous question may be asked and ordered upon any (e) A motion to withdraw a bill from further consideration of the debatable single motion, series of motions, or amendment pending, and House shall require an affirmative vote of two-thirds of the Members the effect thereof shall be to conclude all action on the same day. If third present and voting. reading is reached on another day, the order for the previous question must be renewed on that day. (1) For the purpose of withdrawing bills from further consideration, the first-named Member sponsor shall be regarded as the only Member (b) The motion for the previous question shall be decided without empowered to move for the withdrawal of a bill. The first-named debate. If the motion prevails, the sponsor of a bill or debatable motion Member sponsor of a bill may, prior to its introduction, withdraw the bill and an opponent shall be allowed 3 minutes each within which to by letter to the Clerk. 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 (2) The introducer of an original bill laid on the table upon shall be put in the following form: “Shall the main question be now put?” introduction of a committee or council substitute therefor has no right to move for the withdrawal of the substitute from further consideration. (c) When the motion for the previous question is adopted on a main question, the sense of the House shall be taken forthwith on pending (3) In moving for the withdrawal of a bill from further consideration amendments and such question in the regular order. If amendments by floor motion, the introducer shall be required to identify the nature have been adopted, the regular order shall include the adoption of of the bill. necessary title amendments. 11.12—Motion to Recommit (d) The motion for the previous question may not be made by the sponsor or mover. (a) After a committee or council report on a bill has been received by the Clerk, the bill may not be recommitted by the House to any 11.9—Motion to Limit Debate committee or council except by a majority vote.

When there is debate by the House, it shall be in order for a Member to (b) A motion to recommit to committee or council a bill that is before move to limit debate and such motion shall be decided without debate, the House may be made during the regular order of business. The except that the sponsor or mover of the question under debate shall have motion shall be debatable only as to the propriety of that reference and 5 minutes within which to discuss the motion and may divide the shall require an affirmative majority vote. allotted time with, or waive it in favor of, some other Member. If, by majority vote, the question is decided in the affirmative, debate shall be (c) Upon the third reading of any bill, it may not be committed to any limited to 20 minutes for each side, unless a greater time is stated in the committee or council, except to the appropriate fiscal committee as motion, such time to be apportioned by the Speaker; however, the provided elsewhere in these Rules. 98 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

11.13—Motion to Postpone Indefinitely (b) EXTENDED OR SPECIAL SESSION. During any extended or special session, no Member floor amendment shall be considered unless Motions to postpone indefinitely are debatable and shall be applicable a printed original of the amendment has been delivered to the Clerk in only to a main question. The adoption of a motion to postpone a bill the required form at least 1 hour prior to the daily session at which the indefinitely shall dispose of such bill for the duration of the legislative sponsor seeks to offer the amendment, and no amendment to the session and all extensions thereof. Any motion to postpone consideration amendment or substitute amendment shall be offered unless a printed to a time beyond the last day allowed under the Florida Constitution for original of the amendment to the amendment or substitute amendment the current legislative session shall be construed as a motion to has been delivered to the Clerk not later than 30 minutes prior to the postpone indefinitely. daily session at which the sponsor seeks to offer the main amendment.

11.14—Dilatory Motions (c) WAIVER OF DEADLINE. By a majority vote, the time limitation for filing any amendment may be waived. No dilatory or delaying motions shall be entertained by the Speaker. 12.3—Presentation and Consideration 11.15—Withdrawal of Motions (a) Amendments shall be taken up only as sponsors gain recognition The mover of a motion may withdraw the motion at any time before it from the Speaker to move their adoption, except that the Chair of the has been amended or a vote on it has commenced, except that a motion committee or council (or any member thereof designated by the Chair) to reconsider may be withdrawn only on the day made. reporting the measure under consideration shall have preference for the presentation of committee or council amendments. RULE TWELVE (b) Upon motion, committee or council amendments may be adopted AMENDMENTS en bloc. (c) The adoption of an amendment to a section shall not preclude 12.1—Form further amendment of that section. If a bill is being considered section (a) Amendments shall be stored on the legislative computer in a by section or item by item, only amendments to the section or item under format approved by the Clerk. consideration shall be in order.

(b) The sponsor of an amendment shall file with the Clerk a printed (d) For the purpose of this Rule, an amendment shall be deemed original of the amendment, which shall be free of interlineations and pending only after its proposer has been recognized by the Speaker and which shall include as a part of its original printed text the name of the has moved its adoption. sponsor, the bill number, and the page and line to be amended. 12.4—Second and Third Reading; Vote Required on Third Amendment cosponsors may be added on forms provided by the Clerk. Reading 12.2—Filing (a) A motion to amend is in order during the second or third reading of any bill. (a) REGULAR SESSION. (b) Amendments proposed on third reading shall require a two- (1) During the first 45 calendar days of a regular session, no Member thirds vote of the Members present and voting for adoption, except that floor amendment shall be considered unless a printed original of the technical amendments introduced in the name of the Procedural & amendment has been delivered to the Clerk in the required form prior Redistricting Council shall require a majority vote for adoption. to 3:00 p.m. of the day (excluding Saturday and Sunday) preceding the daily session at which the sponsor seeks to offer the amendment, and no (c) A motion for reconsideration of an amendment on third reading amendment to the amendment or substitute amendment shall be requires a two-thirds vote of the Members present and voting for offered unless a printed original of the amendment to the amendment adoption. or substitute amendment has been delivered to the Clerk not later than 5:00 p.m. of the day (excluding Saturday and Sunday) preceding the 12.5—Amendment of General Appropriations Bill daily session at which the sponsor seeks to offer the main amendment. (a) Whenever an amendment is offered to a General Appropriations Bill that would increase any line item of such bill, such amendment shall (2) For calendar days 46 through 51 of a regular session, no Member show the amount by line item of the increase and shall, from within the floor amendment shall be considered unless a printed original of the jurisdiction of the same fiscal standing committee, decrease a line item amendment has been delivered to the Clerk in the required form at least or items in an amount or amounts equivalent to or greater than the 1 hour prior to the daily session at which the sponsor seeks to offer the increase required by the amendment. 1 amendment or 2 /2 hours after the Special Order Calendar has been provided, whichever is later, and no amendment to the amendment or (b) A floor amendment to the General Appropriations Bill that substitute amendment shall be offered unless a printed original of the proposes to move spending authority between sections of the bill shall amendment to the amendment or substitute amendment has been require a two-thirds vote of the Members present and voting. delivered to the Clerk not later than 30 minutes prior to the daily session at which the sponsor seeks to offer the main amendment or 3 12.6—Consideration of Senate Amendments hours after the Special Order Calendar has been provided, whichever is (a) After the reading of a Senate amendment to a House bill, the later. following motions shall be in order and shall be privileged in the order named: (3) After the 51st day of a regular session, no Member floor amendment shall be considered unless a printed original of the (1) Amend the Senate amendment by a concurrence of the majority amendment has been delivered to the Clerk in the required form not required for the final passage of the bill. later than 30 minutes after the convening of the daily session at which 1 the sponsor seeks to offer the amendment or 2 /2 hours after the Special (2) Concur in the Senate amendment by a concurrence of the same Order Calendar has been provided, whichever is later, and no majority required for the final passage of the bill. amendment to the amendment or substitute amendment shall be (3) Refuse by the majority of the required quorum to concur and ask offered unless a printed original of the amendment to the amendment the Senate to recede. or substitute amendment has been delivered to the Clerk not later than 1 hour after the convening of the daily session at which the sponsor (4) Request the Senate to recede and, failing to do so, to appoint a seeks to offer the main amendment or 3 hours after the Special Order conference committee to meet with a like committee appointed by the Calendar has been provided, whichever is later. Speaker. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 99

(b) If the Senate refuses to concur in a House amendment to a (2) An amendment amending a statute or session law when the Senate bill, the following motions shall be in order and shall be purpose of the bill is limited to repealing such law, or an amendment privileged in the order named: repealing a statute or session law when the purpose of the bill is limited to amending such law. (1) That the House recede. (3) An amendment that substantially expands the scope of the bill. (2) That the House insist and ask for a conference committee. (4) An amendment to a bill when legislative action on that bill is by (3) That the House insist. law or these Rules limited to passage, concurrence, indefinite postponement, or nonconcurrence as introduced. (c) The Speaker may, upon determining that a Senate amendment substantially changes the bill as passed by the House, refer the Senate (c) AMENDMENTS THAT ARE GERMANE. Amendments that are message, with the bill and Senate amendment or amendments, to the germane include: appropriate House committee or council for review and report to the House. The Speaker, upon such reference, shall announce the date and (1) A specific provision amending a general provision. time for the committee or council to meet. The committee or council shall (2) An amendment that accomplishes the same purpose in a report to the House the recommendation for disposition of the Senate different manner. amendment or amendments under one of the four options presented in subsection (a). The report shall be given to the House, in writing, by the (3) An amendment limiting the scope of the proposal. Chair of the reporting committee or council. (4) An amendment providing appropriations necessary to fulfill the 12.7—Motion to Amend by Striking Out Enacting or Resolving original intent of a proposal. Clause (5) An amendment relating only to clarification of details. An amendment to strike out the enacting clause of a bill or the resolving (6) An amendment that changes the effective date of a repeal, clause of a resolution or memorial shall, if carried, be considered as reduces the scope of a repeal, or adds a short-term nonstatutory equivalent to rejection of the bill, resolution, or memorial by the House. transitional provision to facilitate repeal. 12.8—Sequence of Amendments to Amendments 12.10—Amendments Out of Order An amendment to a pending amendment may be received, but until it An amendment is out of order if it is the principal substance of a bill that is disposed of no other motion to amend will be in order except a has received an unfavorable committee or council report. substitute amendment or an amendment to the substitute. Such amendments are to be disposed of in the following order: 12.11—Printing of Amendments in Journal

(a) Amendments to the amendment are voted on before the All amendments taken up, unless withdrawn, shall be printed in the substitute is taken up. Only one amendment to the amendment is in Journal, except that an amendment to a General Appropriations Bill order at a time. constituting an entirely new bill shall not be printed until the filing of the conference committee report. (b) Amendments to the substitute are next voted on.

(c) The substitute then is voted on. The adoption of a substitute RULE THIRTEEN amendment in lieu of an original amendment shall be treated and RULES considered as an amendment of the bill itself. 13.1—Initial Adoption of Rules of the House

The initial adoption of the Rules of the House shall require a majority vote. Once adopted, the Rules of the House shall remain in effect, unless waived or amended as provided in these Rules.

13.2—Waiver of Rules of the House

Any Rule of the House, except a Rule requiring unanimous consent, may be waived by a two-thirds vote of the Members present and voting; however, the waiver shall apply only to the matter under immediate consideration and shall not extend beyond adjournment of a session day. 12.9—Germanity of House Amendments 13.3—Amending Rules of the House (a) GERMANITY. No Rule of the House may be amended except by a report or resolution (1) Neither the House nor any committee or council shall consider an from the Committee on Rules, Ethics & Elections adopted by the House amendment that relates to a different subject or is intended to by majority vote. A report or resolution of the Committee on Rules, accomplish a different purpose than that of the pending question or that, Ethics & Elections proposing amendments to these Rules is always in if adopted and passed, would require a title amendment for the proposal order; however, any amendment of such a report or resolution prior to that is substantially different from the proposal’s original title or that its adoption requires a two-thirds vote of the Members present and would unreasonably alter the nature of the proposal. voting.

(2) The Speaker shall rule on the admissibility of any amendment 13.4—Parliamentary Authorities when the question of germanity is timely raised. In all cases not provided for by the Florida Constitution, the Rules of the (3) An amendment of the second degree or a substitute amendment House, or the Joint Rules of the Senate and House, the guiding, but must be germane to both the main amendment and the measure to nonbinding, authority shall be first the Rulings of the Speaker and then which it adheres. the latest edition of Mason’s Manual of Legislative Procedure.

(b) AMENDMENTS THAT ARE NOT GERMANE. House 13.5—Majority Action amendments that are not germane include: Unless otherwise indicated by these Rules, all action by the House or its (1) A general proposition amending a specific proposition. committees or councils shall be by majority vote of those Members 100 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 present and voting. When the body is equally divided, the question is Part Two—Distribution of Documents; Display of Signs lost. 14.3—Distribution of Documents 13.6—“Days” Defined Documents required by these Rules to be printed or published may be Wherever used in these Rules, a “legislative” day means a day when the produced and distributed on paper or in electronic form. House convenes and a quorum is present. All other references to “days” 14.4—Display of Signs, Placards, and the Like mean “calendar” days. Signs, placards, or other objects of similar nature shall be permitted in RULE FOURTEEN the rooms, lobby, galleries, or Chamber of the House only upon approval of the Committee on Rules, Ethics & Elections. MISCELLANEOUS PROVISIONS Part Three—House Seal Part One—Public Records 14.5—House Seal 14.1—Legislative Records (a) REQUIREMENT. There shall be an official seal of the House of There shall be available for public inspection, whether maintained in Representatives. The seal shall be used only by or on behalf of a Member Tallahassee or in a district office, the papers and records developed and or officer of the House or when specifically authorized in writing by the received in connection with official legislative business, except as Committee on Rules, Ethics & Elections. provided in section 11.0431, Florida Statutes, or other provision of law. (b) CONFIGURATION. The seal shall be a circle, having, in the 14.2—Legislative Records; Maintenance, Control, Destruction, center thereof, a view of the sun’s rays over a highland in the distance, Disposal, and Disposition a sabal palmetto palm tree, a steamboat on the water, and a Native American female scattering flowers in the foreground, encircled by the (a) Records that are required to be created by these Rules or that are words “House of Representatives.” of vital, permanent, or archival value shall be maintained in a safe (c) USE. Unless a written exception is otherwise granted by the location that is easily accessible for convenient use. No such record need Speaker: be maintained if the substance of the record is published or retained in another form or location. Whenever necessary, but no more often than (1) Material carrying the official seal shall be used only by a annually or less often than biennially, records required to be maintained Member, officer, or employee of the House or other persons employed or may be transferred to the Legislative Library Service of the Division of retained by the House. Library and Information Services of the Department of State for retention in accordance with law. (2) The use, printing, publication, or manufacture of the seal, or items or materials bearing the seal or a facsimile of the seal, shall be (b) Other records that are no longer needed for any purpose and that limited to official business of the House or official legislative business. do not have sufficient administrative, legal, or fiscal significance to warrant their retention shall be disposed of systematically. (d) CUSTODIAN. The Clerk shall be the custodian of the official seal. (c)(1) The committee administrative assistant for each existing committee shall ensure compliance with this Rule for all records created RULE FIFTEEN or received by the committee or for a former committee whose jurisdiction has been assigned to the committee. ETHICS AND CONDUCT OF MEMBERS

(2) The council administrative assistant for each existing council 15.1—Legislative Ethics and Official Conduct shall ensure compliance with this Rule for all records created or received Legislative office is a trust to be performed with integrity in the public by the council or for a former council whose jurisdiction has been interest. A Member is respectful of the confidence placed in the Member assigned to the council. by the other Members and by the people. By personal example and by admonition to colleagues whose behavior may threaten the honor of the (3) The Speaker, the Speaker pro tempore, the Minority Leader, the lawmaking body, the Member shall watchfully guard the responsibility Majority Leader, and the Sergeant at Arms shall ensure compliance of office and the responsibilities and duties placed on the Member by the with this Rule for all records created or received by their respective House. To this end, each Member shall be accountable to the House for offices and their predecessors in office. violations of this Rule or any provision of the House Code of Conduct (4) Each Member shall ensure compliance with this Rule for all contained in Rules 15.1-15.8. records created or received by the Member or the Member’s district 15.2—The Integrity of the House office. A Member shall respect and comply with the law and shall perform at (5) The director of an ancillary House office shall ensure compliance all times in a manner that promotes public confidence in the integrity with this Rule for all records created or received by the director’s office. and independence of the House and of the Legislature. Each Member (6) The Clerk shall ensure compliance with this Rule for all other shall perform at all times in a manner that promotes a professional records created or received by the House of Representatives. environment in the House, which shall be free from unlawful employment discrimination. (d) If a committee, council, or office is not continued in existence, the 15.3—Improper Influence; Solicitation of Campaign records of such committee, council, or office shall be forwarded to the Contributions committee, council, or office assuming the jurisdiction or responsibility of the former committee, council, or office, if any. Otherwise, such (a) A Member may not accept anything that reasonably may be records shall be forwarded to the Clerk. construed to improperly influence the Member’s official act, decision, or vote. (e) The Clerk, with the approval of the Speaker, shall establish a schedule of reasonable and appropriate fees for copies of legislative (b) A Member may neither solicit nor accept any campaign records and documents; however, there shall be no charge for a single contribution during the 60-day regular legislative session on the copy of any individual, separately obtained bill (other than a General Member’s own behalf, on behalf of a political party, or on behalf of a Appropriations Bill) or a bill analysis or other record required by these candidate for the House of Representatives; however, a Member may Rules to be created. contribute to the Member’s own campaign. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 101

15.4—Ethics; Conflicting Employment 15.10—Felony Indictment or Information of a Member

A Member shall: (a) If an indictment or information for a felony of any jurisdiction is filed against a Member of the House, the Member indicted or informed (a) Scrupulously comply with the requirements of all laws related to against may request the Speaker to excuse the Member, without pay, the ethics of public officers. from all privileges of membership of the House pending final adjudication. (b) Not allow personal employment to impair the Member’s independence of judgment in the exercise of official duties. (b) If the indictment or information is either nolle prossed or dismissed, or if the Member is found not guilty of the felonies charged, (c) Not directly or indirectly receive or agree to receive any or lesser included felonies, then the Member shall be paid all back pay compensation for any services rendered or to be rendered either by the and other benefits retroactive to the date the Member was excused. Member or any other person when such activity is in substantial conflict with the duties of a Member of the House. 15.11—Felony Guilty Plea of a Member

15.5—Use of Official Position A Member who enters a plea of guilty or nolo contendere (no contest) to a felony of any jurisdiction may, at the discretion of the Speaker, be A Member may not corruptly use or attempt to use the Member’s official suspended immediately, without a hearing and without pay, from all position in a manner contrary to the trust or authority placed in the privileges of membership of the House through the remainder of that Member, either by the public or by other Members, for the purpose of Member’s term. securing a special privilege, benefit, or exemption for the Member or for others. 15.12—Felony Conviction of a Member

15.6—Use of Information Obtained by Reason of Official (a) A Member convicted of a felony of any jurisdiction may, at the Position discretion of the Speaker, be suspended immediately, without a hearing and without pay, from all privileges of membership of the House A Member may engage in business and professional activity in pending appellate action or the end of the Member’s term, whichever competition with others, but may not use or provide to others, for the occurs first. Member’s personal gain or benefit or for the personal gain or benefit of any other person or business entity, any information that has been (b) A Member suspended under the provisions of this Rule may, obtained by reason of the Member’s official capacity as a Member and within 10 days after such suspension, file a written request for a hearing that is unavailable to members of the public as a matter of law. setting forth specific reasons contesting the Member’s suspension. Upon receipt of a written request for a hearing, the Speaker shall appoint a 15.7—Members to Advise Legislative Employees of House select committee, which shall commence a hearing on the Member’s Requirements suspension within 30 days and issue a report to the House within 10 days after the conclusion of the hearing. The report of the select Each Member is responsible for calling the regulations, policies, and committee shall be final unless the Member, within 10 days after the procedures approved by the Speaker relating to legislative staff and the issuance of the report, requests in writing that the Speaker convene the Rules of the House relating to legislative staff to the attention of any full House to consider the report of the select committee. Upon receipt staff for whom the Member is directly responsible. A Member may not of a request for such consideration, the Speaker shall timely convene the engage, or permit another to engage, in conduct that the Member knows House for such purpose. or should have known to be harmful to a professional environment in the workplace, which shall be free from unlawful employment (c) If the final appellate decision is to sustain the conviction, then the discrimination. A professional environment in the workplace, which Member’s suspension shall continue to the end of the Member’s term. If shall be free from unlawful employment discrimination, is one in which the final appellate decision is to vacate the conviction and there is a there is compliance with state and federal law and the regulations, rehearing, the Member shall be subject to Rule 15.10. If the final policies, and procedures relating to employment discrimination appellate decision is to vacate the conviction and no felony charges approved by the Speaker. remain against the Member, the Member shall be entitled to restitution of back pay and other benefits retroactive to the date of suspension. 15.8—Representation of Another Before a State Agency RULE SIXTEEN A Member may not personally represent another person or entity for compensation before any state agency other than a judicial tribunal. For PROCEDURES FOR LEGAL PROCEEDINGS the purposes of this Rule, “state agency” means any entity of the legislative or executive branch of state government over which the Part One—Committees and Councils Conducting Legal Legislature exercises plenary budgetary and statutory control. Proceedings

15.9—Advisory Opinions 16.1—Procedures for Committees and Councils Conducting Legal Proceedings (a) A Member, when in doubt about the applicability and interpretation of these Rules with respect to legislative ethics and (a) ISSUANCE OF SUBPOENA. Member conduct, may convey the facts of the situation to the House (1) In order to carry out its duties, each standing or select committee general counsel for an advisory opinion. The general counsel shall issue or council, whenever required, may issue subpoena with the approval of the opinion within 10 days after receiving the request. The advisory the Speaker and other necessary process to compel the attendance of opinion may be relied upon by the Member requesting the opinion. Upon witnesses before such committee or council or the taking of a deposition request of any Member, the committee designated by the Speaker to pursuant to these Rules. The Chair of the standing or select committee have responsibility for the ethical conduct of Members may revise an or council shall issue such process on behalf of the standing or select advisory opinion rendered by the House general counsel through an committee or council. The Chair or any other member of such committee advisory opinion issued to the Member who requested the opinion. or council may administer all oaths and affirmations in the manner prescribed by law to witnesses who shall appear before such committee (b) An advisory opinion rendered by the House general counsel or or council for the purpose of testifying in any matter about which such the committee shall be numbered, dated, and published by the Clerk in committee or council may desire evidence. an annual publication of the House. Advisory opinions from the House general counsel or the committee may not identify the Member seeking (2) Each standing or select committee or council, whenever required, the opinion unless such Member so requests. may also compel by subpoena duces tecum the production of any books, 102 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 letters, or other documentary evidence it may desire to examine in meeting has been adjourned and the witness has been discharged by the reference to any matter before it. The Chair of the standing or select Chair. The witness shall be further instructed that if any person committee or council shall issue process on behalf of the standing or discusses or attempts to discuss the matter under investigation with the select committee or council. witness after receiving such instructions, the witness shall bring such matter to the attention of such committee or council. No member of such (b) CONTEMPT PROCEEDINGS. committee or council or representative thereof may discuss any matter (1) Either house may punish, by fine or imprisonment, any person or matters pertinent to the subject matter under investigation with any who is not a Member and who is guilty of disorderly or contemptuous witness to be called before such committee or council from the time that conduct in its presence or of a refusal to obey its lawful summons. these instructions are given until the meeting has been adjourned and the witness has been discharged by the Chair. Any person violating this (2) A person shall be deemed in contempt if the person: Rule shall be in contempt of the Legislature.

a. Fails or refuses to appear in compliance with a subpoena or, (5) Any standing or select committee or council taking sworn having appeared, fails or refuses to testify under oath or affirmation; testimony from witnesses as provided herein shall cause a record to be made of all proceedings in which testimony or other evidence is b. Fails or refuses to answer any relevant question or fails or refuses demanded or adduced, which record shall include rulings of the Chair, to furnish any relevant book, paper, or other document subpoenaed by questions of such committee or council and its staff, the testimony or or on behalf of such committee or council; or responses of witnesses, sworn written statements submitted to the c. Commits any other act or offense against such committee or committee or council, and such other matters as the committee or council that, if committed against the Legislature or either house council or its Chair may direct. thereof, would constitute contempt. (6) A witness at a meeting, upon advance request and at the (3) A standing or select committee or council may, by majority vote witness’s own expense, shall be furnished a certified transcript of the of all of its members, apply to the House for contempt citation. The witness’s testimony at the meeting. application shall be considered as though the alleged contempt had been (e) RIGHT OF OTHER PERSONS TO BE HEARD. committed in or against the House itself. If such committee or council is meeting during the interim, its application shall be made to the circuit (1) Any person whose name is mentioned or who is otherwise court pursuant to subsection (f). identified during a meeting being conducted for the purpose of taking sworn testimony from witnesses of any standing or select committee or (4) A person guilty of contempt under this Rule shall be fined not council and who, in the opinion of such committee or council, may be more than $500 or imprisoned not more than 90 days or both, or shall adversely affected thereby, may, upon the request of the person or upon be subject to such other punishment as the House may, in the exercise the request of any member of such committee or council, appear of its inherent powers, impose prior to and in lieu of the imposition of the personally before such committee or council and testify on the person’s aforementioned penalty. own behalf, or, with such committee’s or council’s consent, file a sworn (5) The sheriffs in the several counties shall make such service and written statement of facts or other documentary evidence for execute all process or orders when required by standing or select incorporation into the record of the meeting. Any such witness, however, committees or councils. Sheriffs shall be paid as provided for in section shall, prior to filing such statement, consent to answer questions from 30.231, Florida Statutes. such committee or council regarding the contents of the statement.

(c) FALSE SWEARING. Whoever willfully affirms or swears falsely (2) Upon the consent of a majority of the members present, a quorum in regard to any material matter or thing before any standing or select having been established, any standing or select committee or council committee or council is guilty of perjury in an official proceeding, which may permit any other person to appear and testify at a meeting or is a felony of the third degree and shall be punished as provided in submit a sworn written statement of facts or other documentary section 775.082, section 775.083, or section 775.084, Florida Statutes. evidence for incorporation into the record. No request to appear, appearance, or submission shall limit in any way the committee’s or (d) RIGHTS OF WITNESSES. council’s power of subpoena. Any such witness, however, shall, prior to filing such statement, consent to answer questions from any standing or (1) All witnesses summoned before any standing or select committee select committee or council regarding the contents of the statement. or council shall receive reimbursement for travel expenses and per diem at the rates provided in section 112.061, Florida Statutes. However, the (f) ENFORCEMENT OF SUBPOENA OUT OF SESSION. If any fact that such reimbursement is not tendered at the time the subpoena witness fails to respond to the lawful subpoena of any standing or select is served shall not excuse the witness from appearing as directed committee or council at a time when the Legislature is not in session or, therein. having responded, fails to answer all lawful inquiries or to turn over evidence that has been subpoenaed, such committee or council may file (2) Service of a subpoena requiring the attendance of a person at a a complaint before any circuit court of the state setting up such failure meeting of a standing or select committee or council shall be made in the on the part of the witness. On the filing of such complaint, the court manner provided by law for the service of subpoenas in civil action at shall take jurisdiction of the witness and the subject matter of the least 7 calendar days prior to the date of the meeting unless a shorter complaint and shall direct the witness to respond to all lawful questions period of time is authorized by majority vote of all the members of such and to produce all documentary evidence in the possession of the witness committee or council. If a shorter period of time is authorized, the that is lawfully demanded. The failure of any witness to comply with persons subpoenaed shall be given reasonable notice of the meeting, such order of the court shall constitute a direct and criminal contempt consistent with the particular circumstances involved. of court, and the court shall punish such witness accordingly.

(3) Any person who is served with a subpoena to attend a meeting Part Two—Complaints Against Members and Officers of the of any standing or select committee or council also shall be served with House a general statement informing the person of the subject matter of such committee’s or council’s investigation or inquiry and a notice that the 16.2—Complaints of Violations of the Standards of Conduct by person may be accompanied at the meeting by private counsel. Members and Officers of the House; Procedure

(4) Upon the request of any party and the approval of a majority of (a) FILING OF COMPLAINTS. The Chair of the Committee on the standing or select committee or council, the Chair shall instruct all Rules, Ethics & Elections shall receive and initially review allegations witnesses to leave the meeting room and retire to a designated place. of improper conduct that may reflect upon the House, violations of law, The witness will be instructed by the Chair not to discuss the testimony violations of the House Code of Conduct, and violations of the Rules and of the witness or the testimony of any other person with anyone until the regulations of the House relating to the conduct of individuals in the January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 103 performance of their duties as Members or officers of the House. (1) Creation. Whenever the Speaker receives a copy of a complaint Complaints of improper conduct against the Chair of the Committee on and request made pursuant to subsection (a), the Speaker shall, within Rules, Ethics & Elections shall be reviewed and managed by the 20 days, either appoint a Probable Cause Panel (the panel) consisting of Speaker or, if designated by the Speaker, the Speaker pro tempore. an odd number of members or appoint a Special Master. If the Speaker appoints a Probable Cause Panel, the Speaker shall also appoint one (1) Review of Complaints. The Chair of the Committee on Rules, member of the panel as its Chair. The Speaker may appoint up to two Ethics & Elections shall review each complaint submitted to the additional persons who are not Members of the House to serve as committee relating to the conduct of a Member or officer of the House. nonvoting, public members of a Probable Cause Panel. (2) Complaints. (2) Powers and Duties. The members of the panel or the Special Master shall have the following powers and duties: a. A complaint shall be in writing and under oath, setting forth in simple, concise statements the following: a. Investigate complaints and make appropriate findings of fact promptly regarding allegations of improper conduct sufficient to 1. The name and legal address of the party filing the complaint establish probable cause of violations of law, violations of the House (complainant); Code of Conduct, and violations of Rules and regulations of the House 2. The name and position or title of the Member or officer of the relating to the conduct of individuals in the performance of their duties House (respondent) alleged to be in violation of the House Code of as Members or as officers of the House; Conduct or a law, rule, regulation, or other standard of conduct; b. Based upon the investigation by the Special Master or the panel, make and report findings of probable cause to the Speaker and to the 3. The nature of the alleged violation, based upon the personal House as it relates to the complaint that occasioned the appointment of knowledge of the complainant, including, if possible, the specific section the Probable Cause Panel or the Special Master; of the House Code of Conduct or law, rule, regulation, or other standard of conduct alleged to have been violated; and c. Recommend to the Committee on Rules, Ethics & Elections such additional Rules or regulations as the Probable Cause Panel or the 4. The facts alleged to have given rise to the violation. Special Master shall determine are necessary or desirable to ensure b. All documents in the possession of the complainant that are proper standards of conduct by Members and officers of the House in the relevant to, and in support of, the allegations shall be attached to the performance of their duties and the discharge of their responsibilities; complaint. and

(3) Processing Complaint and Preliminary Findings. d. Adopt rules of procedure as appropriate.

a. Upon the filing of a complaint, the Chair shall, within 5 working (3) Quorum. A quorum of a Probable Cause Panel, when appointed, days, notify the Member or officer against whom the complaint has been shall consist of a majority of the members of the panel. All action by a filed and give such person a copy of the complaint. Within 20 days, the Probable Cause Panel shall require the concurrence of a majority of the full panel. Chair shall take the necessary actions as provided in subparagraphs b.-g. (4) Term. A Probable Cause Panel or Special Master, as appropriate, shall serve until the complaint that occasioned the appointment of the b. The Chair shall examine each complaint for jurisdiction and for panel or the Special Master has been dismissed or until a finding of compliance with paragraph (a)(2). probable cause has been transmitted to the Speaker. c. If the Chair determines that a complaint does not comply with (c) PRELIMINARY INVESTIGATION AND PROBABLE CAUSE such Rule, the complaint shall be returned to the complainant with a FINDING. general statement that the complaint is not in compliance with such Rule and with a copy of the Rule. A complainant may resubmit a (1) Preliminary Investigation. complaint, provided such complaint is resubmitted prior to the expiration of the time limitation set forth in subsection (o). a. The Probable Cause Panel or the Special Master shall provide the respondent an opportunity to present to the panel, the Special Master, d. If the Chair determines that the verified complaint does not allege or staff of the panel, orally or in writing, a statement addressing the facts sufficient to constitute a violation of any of the provisions of the allegations. House Code of Conduct, or a law, rule, regulation, or other standard of conduct, the Chair shall dismiss the complaint and notify the b. The panel, Special Master, or the staff of the panel may interview complainant and the respondent of such action. witnesses and examine documents and other evidentiary matters.

e. If the Chair determines that the complaint is outside the c. The panel or Special Master may order the testimony of witnesses to be taken under oath, in which event the oath may be administered by jurisdiction of the House, the Chair shall dismiss the complaint and the Chair or any other member of the panel, by the Special Master, or notify the complainant and the respondent of such action. by any person authorized by law to administer oaths. f. If the Chair determines that a violation is inadvertent, technical, d. The panel or Special Master may require, by subpoena issued or otherwise of a de minimis nature, the Chair may attempt to correct pursuant to these Rules or otherwise, the attendance and testimony of or prevent such a violation by informal means. witnesses and the production of such books, records, correspondence, g. If the Chair determines that such a complaint does allege facts memoranda, papers, documents, and other items as it deems necessary sufficient to constitute a violation of any of the provisions of the House to the conduct of the inquiry. 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 Master regarding the complaint. A copy of the letter shall be provided 1. The panel, by a recorded vote of a majority of the full panel, or the to the complainant and the respondent. Special Master, as appropriate, shall determine whether there is 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 104 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 complaint and notify the complainant and the respondent of its e. Complainant’s Rights. The complainant is not a party to any part determination. of the complaint process or these proceedings. The complainant has no standing to challenge these Rules or procedures and has no right to 3. If the panel or Special Master, as appropriate, determines that appeal. The complainant may submit a list of witnesses or questions for probable cause exists to believe that a violation occurred but that the the select committee’s consideration to assist in its preparation for the violation, if proven, is neither of a de minimis nature nor sufficiently hearing. serious to justify expulsion, censure, or reprimand, the panel or Special Master may recommend an appropriate, lesser penalty or may resolve (3) Procedures. the complaint informally. If the respondent agrees, a summary of the a. Procedure and Evidence. panel’s or Special Master’s conclusions, as appropriate, shall be published in the House Journal and the penalty agreed upon shall be 1. Procedure. The select committee may adopt rules of procedure as imposed. If the panel or Special Master is unable to satisfactorily settle appropriate to its needs. the complaint, the complaint shall be subject to a full evidentiary hearing before the Select Committee on Standards of Official Conduct 2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence pursuant to subsection (d). shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be 4. If the panel or Special Master determines that probable cause admissible, whether or not such evidence would be admissible in a trial exists to believe that a violation occurred and that, if proven, would be in the courts of Florida. However, hearsay evidence may not be used sufficiently serious to justify expulsion, censure, or reprimand, the panel unless same would be admissible under the Florida Rules of Evidence or Special Master shall cause to be transmitted to the respondent a and it shall not be sufficient in itself to support a factual finding unless Statement of Alleged Violation. The statement shall be divided into it would be admissible over objection in civil actions. counts, and each count shall be related to a separate violation and shall contain a plain and concise statement of the alleged facts of such 3. Discovery. Discovery may be permitted upon motion, which shall violation, including a reference to the provision of the House Code of state the reason therefor. Discovery shall be in accordance with the Conduct or law, rule, regulation, or other standard of conduct alleged to Florida Rules of Civil Procedure, but may be limited in time, scope, and have been violated. A copy of the statement shall also be transmitted to method by the Chair or the referee. the Speaker. 4. Testimony. The select committee shall order the testimony of b. Collateral Proceedings. If the complaint against a Member or witnesses to be taken under oath, in which event the oath may be officer of the House has been the subject of action before any other body, administered by the Chair or a member of the select committee, by any the panel or Special Master may forward the complaint directly to a referee appointed pursuant to subsection (i), or by any person hearing pursuant to subsection (d). authorized by law to administer oaths.

(d) HEARING. 5. Subpoenas. The select committee may require, by subpoena issued pursuant to these Rules or otherwise, the attendance and (1) Select Committee on Standards of Official Conduct. Upon receipt testimony of witnesses and the production of such books, records, by the Speaker of a Statement of Alleged Violation, the Speaker shall correspondence, memoranda, papers, documents, and other items as it appoint, within 20 days, a Select Committee on Standards of Official deems necessary to the conduct of the inquiry. Conduct (the select committee) to hold hearings regarding the statement and make a recommendation for disciplinary action to the full b. Order of Hearing. The order of the full hearing before the select House. Upon the receipt by the Speaker of a complaint and findings by committee or the referee shall be as follows: the Commission on Ethics regarding a Member of the House, the 1. The Chair or the referee shall open the hearing by stating the Speaker shall appoint, within 20 days, a Select Committee on Standards select committee’s authority to conduct the hearing, the purpose of the of Official Conduct to hold hearings to determine whether a violation hearing, and its scope. has occurred and, if so, to make a recommendation for disciplinary action to the full House. 2. Testimony from witnesses and other evidence pertinent to the subject of the hearing shall be received in the following order, whenever (2) Hearing. A hearing regarding a violation charged in a Statement possible: witnesses and other evidence offered by the independent of Alleged Violation or in a complaint and findings by the Commission counsel, witnesses and other evidence offered by the respondent, and on Ethics shall be held promptly to receive evidence upon which to base rebuttal witnesses. The select committee may call witnesses at any time findings of fact and recommendations, if any, to the House respecting during the proceedings. such violation. 3. Witnesses at the hearing shall be examined first by the a. Chair. The Chair of the select committee or other member independent counsel. The respondent or the respondent’s counsel may presiding at a hearing shall rule upon any question of admissibility of then cross-examine the witnesses. The members of the select committee testimony or evidence presented to the select committee. Rulings shall may then question the witnesses. Redirect and recross may be permitted be final unless reversed or modified by a majority vote of the members in the Chair’s or the referee’s discretion. With respect to witnesses of the select committee. If the select committee appoints a referee offered by the respondent, a witness shall be examined first by the pursuant to subsection (i), the referee shall make all evidentiary rulings. respondent or the respondent’s counsel, and then may be cross- examined by the independent counsel. Members of the select committee b. Referee. The select committee shall serve as referee for all may then question the witness. Redirect and recross may be permitted proceedings under these Rules, unless the select committee retains an in the Chair’s or the referee’s discretion. Participation by the select independent referee pursuant to subsection (i). committee at the hearing stage is at the sole discretion of the select c. Prosecutor. The select committee’s staff shall serve as a legal committee and is not mandatory. advisor to the committee. The select committee may retain independent (4) Burden of Proof. At the hearing, the burden of proof rests on the counsel pursuant to subsection (j) to serve as prosecutor in all appointed independent counsel to establish the facts alleged by clear proceedings conducted under these Rules. and convincing evidence with respect to each count.

d. Respondent’s Rights. The respondent shall have the right to be (e) COMMITTEE RECOMMENDED ORDER. represented by legal counsel, to call witnesses, to introduce exhibits, and to cross-examine opposing witnesses. The respondent or respondent’s (1) Committee Deliberations. As soon as practicable, the select counsel shall be permitted to take the deposition of the complainant in committee shall consider each count contained in a Statement of Alleged accordance with sub-subparagraph (d)(3)a.3. Violation or in a complaint and findings, as the case may be. A count January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 105 shall not be proven unless at least a majority of the select committee (j) INDEPENDENT COUNSEL. The Select Committee on votes for a motion that the count has been proved. A count that is not Standards of Official Conduct is authorized to retain and compensate proved shall be considered as dismissed by the select committee. counsel not regularly employed by the House, as authorized by the Speaker. (2) Dismissal of Complaint. After the hearing, the select committee shall, in writing, state its findings of fact. If the select committee finds (k) ATTORNEY’S FEES. When a Probable Cause Panel or a Special that the respondent has not violated any of the provisions of the House Master finds that probable cause does not exist or the select committee Code of Conduct, or a law, rule, regulation, or other standard of conduct, finds that the respondent has not violated any of the provisions of the it shall order the action dismissed and shall notify the respondent and House Code of Conduct or a law, rule, regulation, or other standard of the complainant of such action. conduct, the panel or Special Master or the select committee may (3) Recommended Order. recommend to the Speaker that the reasonable attorney’s fees and costs incurred by the respondent be paid by the House. Payment of such a. Recommended Order. If the select committee finds that the reasonable fees and costs shall be subject to the approval of the Speaker. respondent has violated any of the provisions of the House Code of Conduct, or a law, rule, regulation, or other standard of conduct, it shall, (l) ELIGIBILITY; SPEAKER OF THE HOUSE. If any allegation in writing, state its findings of fact and submit a report to the House. A under this Rule involves the conduct or activities of the Speaker, the copy of the report shall be sent to the respondent and the complainant duties of the Speaker pursuant to this Rule shall be transferred to the and shall be published in the House Journal. Speaker pro tempore.

b. Penalty. With respect to any violation with which a Member or (m) COLLATERAL ACTIONS. officer of the House is charged in a count that the select committee has voted as proved, the select committee may recommend to the House that (1) Criminal Actions. Any criminal complaints relating to Members the Member or officer be fined, censured, reprimanded, placed on shall be governed by these Rules. probation, or expelled, as appropriate, or may recommend such other (2) Commissions or Quasi-Judicial Agencies with Concurrent lesser penalty as may be appropriate. Jurisdiction. If a complaint against a Member or an officer of the House (f) PROPOSED RECOMMENDED ORDER. is filed with a commission or quasi-judicial agency with concurrent jurisdiction, the Chair of the Committee on Rules, Ethics & Elections, (1) Referee. When a hearing is conducted by referee, as provided in a Probable Cause Panel or a Special Master, and the Select Committee subsection (i), the referee shall prepare a proposed recommended order on Standards of Official Conduct shall have the discretion to refrain and file it, together with the record of the hearing, with the select from processing a similar complaint until such commission or quasi- committee. Copies of the proposed recommended order shall be served judicial agency has completed its review of the matter. If such a on all parties. complaint is filed initially with the Chair of the Committee on Rules, (2) Proposed Recommended Order. The proposed recommended Ethics & Elections and subsequently filed with a commission or quasi- order will contain the time and place of the hearing, appearances judicial agency with concurrent jurisdiction, the Chair of the Committee entered at the hearing, issues, and proposed findings of fact and on Rules, Ethics & Elections, the panel or Special Master, and the select conclusions of law. committee shall have the discretion to suspend their proceedings until all such commissions and agencies have completed their review of the (3) Exceptions. The respondent and the independent counsel may matter. file written exceptions with the select committee in response to a referee’s recommended order. Exceptions shall be filed within 20 days (n) EX PARTE COMMUNICATIONS. after service of the recommended order unless such time is extended by the referee or the Chair of the select committee. (1) A Special Master or a member of a Probable Cause Panel or of a Select Committee on Standards of Official Conduct shall not initiate or (4) Recommended Order. The select committee shall deliberate and consider any ex parte communication relative to the merits of a pending render a recommended order pursuant to the provisions of subsection complaint proceeding by: (e). a. Any person engaged in prosecution or advocacy in connection with (g) CONSENT DECREE. At any stage of the proceedings, the the matter; or respondent and the select committee may agree to a consent decree. The consent decree shall state findings of fact and shall be published in the b. A party to the proceeding or any person who, directly or indirectly, House Journal. The consent decree shall contain such penalty as may would have a substantial interest in the action of the panel, Special be appropriate. If the House accepts the consent decree, the complaint Master, or select committee, or authorized representatives or counsel pursuant to these proceedings shall be resolved. If the House does not thereof. accept the consent decree, the proceedings before the select committee shall resume. (2) Except when acting in official capacity as a Special Master or as a member of a panel or select committee, a Special Master or a member (h) CONFIDENTIALITY. Any material provided to the House in of a Probable Cause Panel or of a Select Committee on Standards of response to a complaint filed under this Rule that is confidential under Official Conduct shall not comment upon or discuss with any other applicable law shall remain confidential and shall not be disclosed person the matters that occasioned the appointment of the Special except as authorized by applicable law. Except as otherwise provided in Master, panel, or select committee during the pendency of proceedings this section, a complaint and the records relating to a complaint shall be held pursuant to this Rule before the Special Master, panel, or select available for public inspection upon the dismissal of a complaint by the committee. This section shall not apply to communications initiated or Chair of the Committee on Rules, Ethics & Elections, a determination considered by the Special Master or the Chair of the panel or select as to probable cause or informal resolution of a complaint by a Special committee relating to a settlement pursuant to sub-subparagraph Master or Probable Cause Panel, or the receipt by the Speaker of a (c)(2)a.3. or to a consent decree authorized pursuant to subsection (g). request in writing from the respondent that the complaint and other records relating to the complaint be made public records. (o) TIME LIMITATIONS.

(i) REFEREE. The Select Committee on Standards of Official (1) On or after the effective date of these Rules, all sworn complaints Conduct may, in its discretion and with the approval of the Speaker, alleging violation of the House Code of Conduct, including any violation employ a referee to preside over the proceedings, to hear testimony, and of law or of the Rules and regulations of the House, shall be filed with to make findings of fact and recommendations to the select committee the Committee on Rules, Ethics & Elections within 2 years after the concerning the disposition of complaints. alleged violation. 106 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

(2) A violation of the House Code of Conduct is committed when 16.5—Complaints of Violations Relating to Lobbyists; Procedure every element of the Rule has occurred and time starts to run on the day after the violation occurred. (a) FILING OF COMPLAINTS. The Chair of the Committee on Rules, Ethics & Elections shall receive and initially review allegations (3) The applicable period of limitation is tolled on the day a sworn of violations of the Rules of the House, Joint Rule 1, or violations of a complaint against the Member or officer is filed with the Committee on law, rule, or other standard of conduct by a lobbyist. Rules, Ethics & Elections. If it can be concluded from the face of the complaint that the applicable period of limitation has run, the (1) Review of Complaints. The Chair of the Committee on Rules, allegations shall not be considered a complaint for the purpose of Ethics & Elections shall review each complaint submitted to the requiring action by the Chair of the Committee on Rules, Ethics & Committee on Rules, Ethics & Elections relating to the conduct of a Elections. The complaint and all material related thereto shall remain lobbyist. confidential. (2) Complaints. 16.3—Penalties for Violations a. A complaint shall be in writing and under oath, setting forth in Separately from any prosecutions or penalties otherwise provided by simple, concise statements the following: law, any Member determined to have violated the foregoing requirements of these Rules shall be fined, censured, reprimanded, 1. The name and legal address of the party filing the complaint placed on probation, or expelled, or have such other lesser penalty (complainant); imposed as may be appropriate. Such determination and disciplinary 2. The name and address of the lobbyist (respondent) alleged to be action shall be taken by a two-thirds vote of the House, except that expulsions shall require two-thirds vote of the membership, upon in violation of the Rules of the House, Joint Rule 1, or a law, rule, or recommendation of the select committee so designated under Rule 16.2. other standard of conduct; Part Three—Complaints Against Lobbyists 3. The nature of the alleged violation based upon the personal knowledge of the complainant, including, if possible, the specific section 16.4—Lobbyists of the Rules of the House, Joint Rule 1, or law, rule, or other standard of conduct alleged to have been violated; and (a) OBLIGATIONS OF A LOBBYIST. 4. The facts alleged to give rise to the violation. (1) A lobbyist shall supply facts, information, and opinions of principals to legislators from the point of view that the lobbyist openly b. All documents in the possession of the complainant that are declares. A lobbyist shall not offer or propose anything that may relevant to, and in support of, the allegations shall be attached to the reasonably be construed to improperly influence the official act, complaint. decision, or vote of a legislator, nor shall a lobbyist attempt to improperly influence the selection of officers or employees of the House. (3) Processing Complaint and Preliminary Findings. A lobbyist, by personal example and admonition to colleagues, shall maintain the honor of the legislative process by the integrity of the a. Upon the filing of a complaint, the Chair shall, within 5 working lobbyist’s relationship with legislators as well as with the principals days, notify the lobbyist against whom the complaint has been filed and whom the lobbyist represents. give such person a copy of the complaint. Within 20 days, the Chair shall take the necessary actions as provided in subparagraphs b.-g. (2) A lobbyist shall not knowingly and willfully falsify, conceal, or cover up, by any trick, scheme, or device, a material fact or make any b. The Chair shall examine each complaint for jurisdiction and for false, fictitious, or fraudulent statement or representation, or make or compliance with paragraph (a)(2). use any writing or document knowing the same to contain any false, c. If the Chair determines that a complaint does not comply with fictitious, or fraudulent statements or entry. such Rule, the complaint shall be returned to the complainant with a (3) No registered lobbyist shall be permitted upon the floor of the general statement that the complaint is not in compliance with such House while it is in session. Rule and with a copy of the Rule. A complainant may resubmit a complaint, provided such complaint is resubmitted prior to the (b) ADVISORY OPINIONS; COMPILATION THEREOF. A lobbyist, expiration of the time limitation set forth in subsection (m). when in doubt about the applicability and interpretation of subsection (a) in a particular context, shall submit in writing the facts for an d. If the Chair determines that the verified complaint does not allege advisory opinion to the Speaker, who shall either refer the issue to the facts sufficient to constitute a violation of any of the provisions of the House general counsel for an advisory opinion or refer the issue to a Rules of the House, Joint Rule 1, or a law, rule, or other standard of committee designated by the Speaker to have responsibility for the conduct, the Chair shall dismiss the complaint and notify the ethical conduct of lobbyists and may appear in person before such complainant and the respondent of such action. committee. The House general counsel or this committee shall render advisory opinions to any lobbyist who seeks advice as to whether the e. If the Chair determines that the complaint is outside the facts in a particular case would constitute a violation of such Rule by a jurisdiction of the House, the Chair shall dismiss the complaint and lobbyist. Such opinion, until amended or revoked, shall be binding in notify the complainant and the respondent of such action. any subsequent complaint concerning the lobbyist who sought the f. If the Chair determines that a violation is inadvertent, technical, opinion and acted on it in good faith, unless material facts were omitted or otherwise of a de minimis nature, the Chair may attempt to correct or misstated in the request for advisory opinion. Upon request of the or prevent such a violation by informal means. lobbyist or any Member, the committee designated by the Speaker to have responsibility for the ethical conduct of lobbyists may revise any g. If the Chair determines that such a complaint does allege facts advisory opinion issued by the House general counsel or may revise any sufficient to constitute a violation of any of the provisions of the Rules advisory opinion issued by the general counsel of the Office of of the House, Joint Rule 1, or a law, rule, or other standard of conduct, Legislative Services under Joint Rule 1.7. The House general counsel or and that the complaint is not de minimis in nature, the Chair shall 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. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 107

(b) PROBABLE CAUSE PANEL OR SPECIAL MASTER. c. If the panel or Special Master, as appropriate, determines that probable cause exists to believe that a violation occurred but that the (1) Creation. Whenever the Speaker receives a copy of a complaint violation, if proven, is neither of a de minimis nature nor sufficiently and request made pursuant to subsection (a), the Speaker shall, within serious to justify the imposition of a penalty pursuant to Rule 16.6, the 20 days, either appoint a Probable Cause Panel (the panel) consisting of panel or Special Master may recommend an appropriate, lesser penalty an odd number of members or appoint a Special Master. If the Speaker or may resolve the complaint informally. If the respondent agrees, a appoints a Probable Cause Panel, the Speaker shall also appoint one summary of the panel’s or Special Master’s conclusions, as appropriate, member of the panel as its Chair. The Speaker may appoint up to two shall be published in the House Journal and the penalty agreed upon additional persons who are not Members of the House to serve as shall be imposed. If the panel or Special Master is unable to nonvoting, public members of a Probable Cause Panel. satisfactorily settle the complaint, the complaint shall be subject to a full evidentiary hearing before the Select Committee on Lobbyist (2) Powers and Duties. The members of the panel or the Special Conduct pursuant to subsection (d). Master shall have the following powers and duties: d. If the panel or Special Master determines that probable cause a. Investigate complaints and make appropriate findings of fact exists to believe that a violation occurred and that, if proven, would be promptly regarding allegations of improper conduct sufficient to sufficiently serious to justify imposition of a penalty pursuant to Rule establish probable cause of violation of the Rules of the House, Joint 16.6, the panel or Special Master shall cause to be transmitted to the Rule 1, or a law, rule, or other standard of conduct; respondent a Statement of Alleged Violation. The statement shall be b. Based upon the investigation by the Special Master or the panel, divided into counts, and each count shall be related to a separate make and report findings of probable cause to the Speaker and to the violation and shall contain a plain and concise statement of the alleged House as it relates to the complaint that occasioned the appointment of facts of such violation, including a reference to the provision of the Rules the Probable Cause Panel or the Special Master; of the House, Joint Rule 1, or law, rule, or other standard of conduct alleged to have been violated. A copy of the statement shall also be c. Recommend to the Committee on Rules, Ethics & Elections such transmitted to the Speaker. additional Rules or regulations as the Probable Cause Panel or the (d) HEARING. Special Master shall determine are necessary or desirable to ensure proper standards of conduct by lobbyists; and (1) Select Committee on Lobbyist Conduct. Upon receipt by the Speaker of a Statement of Alleged Violation, the Speaker shall appoint, d. Adopt rules of procedure as appropriate to its needs. within 20 days, a Select Committee on Lobbyist Conduct (the select (3) Quorum. A quorum of a Probable Cause Panel, when appointed, committee) to hold hearings regarding the statement and make a shall consist of a majority of the members of the panel. All action by a recommendation for disciplinary action to the full House. Probable Cause Panel shall require the concurrence of a majority of the (2) Hearing. A hearing regarding a violation charged in a Statement full panel. of Alleged Violation shall be held promptly to receive evidence upon (4) Term. A Probable Cause Panel or Special Master, as appropriate, which to base findings of fact and recommendations, if any, to the House shall serve until the complaint that occasioned the appointment of the respecting such violation. The hearing before the select committee shall panel or the Special Master has been dismissed or until a finding of be subject to Rule 7.18. probable cause has been transmitted to the Speaker. a. Chair. The Chair of the select committee or other member (c) PRELIMINARY INVESTIGATION AND PROBABLE CAUSE presiding at a hearing shall rule upon any question of admissibility of testimony or evidence presented to the select committee. Rulings shall FINDING. be final unless reversed or modified by a majority vote of the members (1) Preliminary Investigation. of the select committee. If the select committee appoints a referee pursuant to subsection (i), the referee shall make all evidentiary rulings. a. The Probable Cause Panel or the Special Master shall provide the respondent an opportunity to present to the panel, the Special Master, b. Referee. The select committee shall serve as referee for all or staff of the panel, orally or in writing, a statement addressing the proceedings under these Rules, unless the select committee retains an allegations. independent referee pursuant to subsection (i).

b. The panel, Special Master, or the staff of the panel may interview c. Prosecutor. The select committee’s staff shall serve as prosecutor witnesses and examine documents and other evidentiary matters. in all proceedings conducted under these Rules, unless the select committee retains independent counsel pursuant to subsection (j). c. The panel or Special Master may order the testimony of witnesses to be taken under oath, in which event the oath may be administered by d. Respondent’s Rights. The respondent shall have the right to be the Chair or any other member of the panel, by the Special Master, or represented by legal counsel, to call witnesses, to introduce exhibits, and by any person authorized by law to administer oaths. to cross-examine opposing witnesses. The respondent or respondent’s counsel shall be permitted to take the deposition of the complainant in d. The panel or Special Master may require, by subpoena issued accordance with sub-subparagraph (d)(3)a.3. pursuant to these Rules or otherwise, the attendance and testimony of e. Complainant’s Rights. The complainant is not a party to any part witnesses and the production of such books, records, correspondence, of the complaint process or these proceedings. The complainant has no memoranda, papers, documents, and other items as it deems necessary standing to challenge these Rules or procedures and has no right to to the conduct of the inquiry. appeal. The complainant may submit a list of witnesses or questions for (2) Probable Cause Finding. the select committee’s consideration to assist in its preparation for the hearing. a. The panel, by a recorded vote of a majority of the full panel, or the Special Master, as appropriate, shall determine whether there is (3) Procedures. probable cause to conclude that a violation within the jurisdiction of the a. Procedure and Evidence. panel or the Special Master has occurred. 1. Procedure. The select committee may adopt rules of procedure as b. If the panel or Special Master, as appropriate, finds that probable appropriate to its needs. cause does not exist, the panel or Special Master shall dismiss the complaint and notify the complainant and the respondent of its 2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence determination. shall be excluded, but all other evidence of a type commonly relied upon 108 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002 by reasonably prudent persons in the conduct of their affairs shall be Joint Rule 1, or a law, rule, or other standard of conduct, it shall, in admissible, whether or not such evidence would be admissible in a trial writing, state its findings of fact and submit a report to the House. A in the courts of Florida. However, hearsay evidence may not be used copy of the report shall be sent to the respondent and the complainant unless same would be admissible under the Florida Rules of Evidence and shall be published in the House Journal. and it shall not be sufficient in itself to support a factual finding unless it would be admissible over objection in civil actions. b. Penalty. With respect to any violation with which a lobbyist is charged in a count that the select committee has voted as proved, the 3. Discovery. Discovery may be permitted upon motion, which shall select committee may recommend to the House that the lobbyist be state the reason therefor. Discovery shall be in accordance with the censured, reprimanded, or prohibited from lobbying for all or any part Florida Rules of Civil Procedure, but may be limited in time, scope, and of the legislative biennium during which the violation occurred, or such method by the Chair or the referee. other penalty as may be appropriate. 4. Testimony. The select committee shall order the testimony of (f) PROPOSED RECOMMENDED ORDER. witnesses to be taken under oath, in which event the oath may be administered by the Chair or a member of the select committee, by any (1) Referee. When a hearing is conducted by referee, as provided in referee appointed pursuant to subsection (i), or by any person subsection (i), the referee shall prepare a proposed recommended order authorized by law to administer oaths. and file it, together with the record of the hearing, with the select committee. Copies of the proposed recommended order shall be served 5. Subpoenas. The select committee may require, by subpoena on all parties. issued pursuant to these Rules or otherwise, the attendance and testimony of witnesses and the production of such books, records, (2) Proposed Recommended Order. The proposed recommended correspondence, memoranda, papers, documents, and other items as it order shall contain the time and place of the hearing, appearances deems necessary to the conduct of the inquiry. entered at the hearing, issues, and proposed findings of fact and conclusions of law. b. Order of Hearing. The order of the full hearing before the select committee or the referee shall be as follows: (3) Exceptions. The respondent and the independent counsel may file written exceptions with the select committee in response to a 1. The Chair or the referee shall open the hearing by stating the referee’s recommended order. Exceptions shall be filed within 20 days select committee’s authority to conduct the hearing, the purpose of the after service of the recommended order unless such time is extended by hearing, and its scope. the referee or the Chair of the select committee. 2. Testimony from witnesses and other evidence pertinent to the (4) Recommended Order. The select committee shall deliberate and subject of the hearing shall be received in the following order, whenever render a recommended order pursuant to the provisions of subsection possible: witnesses and other evidence offered by the select committee’s (e). staff or the independent counsel, witnesses and other evidence offered by the respondent, and rebuttal witnesses. The select committee may (g) CONSENT DECREE. At any stage of the proceedings, the call witnesses at any time during the proceedings. respondent and the select committee may agree to a consent decree. The consent decree shall state findings of fact and shall be published in the 3. Witnesses at the hearing shall be examined first by the select House Journal. The consent decree shall contain such penalty as may committee’s staff or the independent counsel. The respondent or the be appropriate. If the House accepts the consent decree, the complaint respondent’s counsel may then cross-examine the witnesses. The pursuant to these proceedings shall be resolved. If the House does not members of the select committee may then question the witnesses. accept the consent decree, the proceedings before the select committee Redirect and recross may be permitted in the Chair’s or the referee’s shall resume. discretion. With respect to witnesses offered by the respondent, a witness shall be examined first by the respondent or the respondent’s (h) CONFIDENTIALITY. Any material provided to the House in counsel, and then may be cross-examined by the select committee’s staff response to a complaint filed under this Rule that is confidential under or the independent counsel. Members of the select committee may then applicable law shall remain confidential and shall not be disclosed question the witness. Redirect and recross may be permitted in the except as authorized by applicable law. Except as otherwise provided in Chair’s or the referee’s discretion. Participation by the select committee this section, a complaint and the records relating to a complaint shall be at the hearing stage is at the sole discretion of the select committee and available for public inspection upon the dismissal of a complaint by the is not mandatory. Chair of the Committee on Rules, Ethics & Elections, a determination as to probable cause or informal resolution of a complaint by a Special (4) Burden of Proof. At the hearing, the burden of proof rests on the Master or Probable Cause Panel, or the receipt by the Speaker of a select committee’s staff or the appointed independent counsel to request in writing from the respondent that the complaint and other establish the facts alleged by clear and convincing evidence with respect records relating to the complaint be made public records. to each count. (i) REFEREE. The Select Committee on Lobbyist Conduct may, in (e) COMMITTEE RECOMMENDED ORDER. its discretion and with the approval of the Speaker, employ a referee to preside over the proceedings, to hear testimony, and to make findings of (1) Committee Deliberations. As soon as practicable, the select fact and recommendations to the select committee concerning the committee shall consider each count contained in a Statement of Alleged disposition of complaints. Violation. A count shall not be proven unless at least a majority of the select committee votes for a motion that the count has been proved. A (j) INDEPENDENT COUNSEL. The Select Committee on Lobbyist count that is not proved shall be considered as dismissed by the select Conduct is authorized to retain and compensate counsel not regularly committee. employed by the House, as authorized by the Speaker. (2) Dismissal of Complaint. After the hearing, the select committee (k) ELIGIBILITY; SPEAKER OF THE HOUSE. If any allegation shall, in writing, state its findings of fact. If the select committee finds under this Rule involves the conduct or activities of the Speaker, the 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: January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 109

a. Any person engaged in prosecution or advocacy in connection with amendment, nomination, appointment, or report of, or any matter which the matter; or may be the subject of action by, either house of the Legislature or any committee thereof. b. A party to the proceeding or any person who, directly or indirectly, would have a substantial interest in the action of the panel, Special (c) “Lobby” or “lobbying” means influencing or attempting to Master or select committee, or authorized representatives or counsel influence legislative action or nonaction through oral or written thereof. communication or an attempt to obtain the goodwill of a member or employee of the Legislature. (2) Except when acting in official capacity as a Special Master or as a member of a panel or select committee, a Special Master or a member (d) “Lobbyist” means a person who is employed and receives of a Probable Cause Panel or of a Select Committee on Lobbyist Conduct payment, or who contracts for economic consideration, for the purpose shall not comment upon or discuss with any other person the matters of lobbying, or a person who is principally employed for governmental that occasioned the appointment of the Special Master, panel, or select affairs by another person or governmental entity to lobby on behalf of committee during the pendency of proceedings held pursuant to this that other person or governmental entity. An employee of the principal Rule before the Special Master, panel, or select committee. This section is not a “lobbyist” unless the employee is principally employed for shall not apply to communications initiated or considered by the Special governmental affairs. “Principally employed for governmental affairs” Master or the Chair of the panel or select committee relating to a means that one of the principal or most significant responsibilities of the settlement pursuant to subparagraph (c)(2)c. or to a consent decree employee to the employer is overseeing the employer’s various authorized pursuant to subsection (g). relationships with government or representing the employer in its contacts with government. Any person employed by any executive, (m) TIME LIMITATIONS. judicial, or quasi-judicial department of the state or any community college of the state who seeks to encourage the passage, defeat, or (1) On or after the effective date of these Rules, all sworn complaints modification of any legislation by personal appearance or attendance alleging violation of the Rules of the House, Joint Rule 1, or any law, before the House of Representatives or the Senate, or any member or rule, or other standard of conduct by a lobbyist shall be filed with the committee thereof, is a lobbyist. Committee on Rules, Ethics & Elections within 2 years after the alleged violation. (e) “Payment” or “salary” means wages or any other consideration provided in exchange for services, but does not include reimbursement (2) A violation of the Rules of the House is committed when every for expenses. element of the Rule has occurred, and time starts to run on the day after the violation occurred. (f) “Principal” means the person, firm, corporation, or other entity that has employed or retained a lobbyist. When an association has (3) The applicable period of limitation is tolled on the day a sworn employed or retained a lobbyist, the association is the principal; the complaint against the lobbyist is filed with the Committee on Rules, individual members of the association are not principals merely because Ethics & Elections. If it can be concluded from the face of the complaint of their membership in the association. that the applicable period of limitation has run, the allegations shall not be considered a complaint for the purpose of requiring action by the (3) For purposes of this rule, the terms “lobby” and “lobbying” do not Chair of the Committee on Rules, Ethics & Elections. The complaint and include any of the following: all material related thereto shall remain confidential. (a) Response to an inquiry for information made by any member, 16.6—Penalties for Violations committee, or staff of the Legislature.

Separately from any prosecutions or penalties otherwise provided by (b) An appearance in response to a legislative subpoena. law, any person determined to have violated the foregoing requirements of these Rules, any provision in Joint Rule 1 adopted by the House and (c) Advice or services that arise out of a contractual obligation with the Senate, or any law, rule, or other standard of conduct by a lobbyist the Legislature, a member, a committee, any staff, or any legislative may be reprimanded, censured, prohibited from lobbying for all or any entity to render the advice or services where such obligation is fulfilled part of the legislative biennium during which the violation occurred, or through the use of public funds. have such other penalty imposed as may be appropriate. Such (d) Representation of a client before the House of Representatives or determination shall be made by a majority of the House, upon the Senate, or any member or committee thereof, when the client is recommendation of the select committee so designated under Rule 16.5. subject to disciplinary action by the House of Representatives or the Senate, or any member or committee thereof. JOINT RULES (4) For purposes of registration and reporting, the term “lobbyist” Joint Rule One does not include any of the following:

Lobbyist Registration and Reporting (a) A member of the Legislature.

1.1—Those Required to Register; Exemptions; Committee (b) A person who is employed by the Legislature. Appearance Records (c) A judge who is acting in that judge’s official capacity. (1) All lobbyists before the Florida Legislature must register with the Lobbyist Registration Office in the Division of Legislative (d) A person who is a state officer holding elective office or an officer Information Services of the Office of Legislative Services, referred to in of a political subdivision of the state holding elective office and who is Joint Rule One as the Lobbyist Registration Office. Registration is acting in that officer’s official capacity. required for each principal represented. (e) A person who appears as a witness or for the purpose of providing (2) As used in this rule, unless the context otherwise requires: information at the written request of the chair of a committee, subcommittee, or legislative delegation. (a) “Designated lobbyist” means the lobbyist who is appointed, by a principal represented by two or more lobbyists, to file expenditure (f) A person employed by any executive, judicial, or quasi-judicial reports that include lobbying expenditures made directly by the department of the state or community college of the state who makes a principal. personal appearance or attendance before the House of Representatives or the Senate, or any member or committee thereof, while that person (b) “Legislative action” means introduction, sponsorship, testimony, is on approved leave or outside normal working hours, and who does not debate, voting, or any other official action on any measure, resolution, otherwise meet the definition of lobbyist. 110 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

(5) When a person, whether or not the person is registered as a (a) Two employees of each department of the executive branch lobbyist, appears before a committee of the Legislature, that person created under chapter 20, Florida Statutes. must submit a Committee Appearance Record on a form to be provided by the respective house. (b) Two employees of the Fish and Wildlife Conservation Commission. 1.2—Method of Registration (c) Two employees of the Executive Office of the Governor. (1) Each person who is required to register under Joint Senate and House Rule 1.1 must register on forms furnished by the Lobbyist (d) Two employees of the Commission on Ethics. Registration Office, on which that person must state, under oath, that person’s full legal name, driver’s license number, business address, and (e) Two employees of the Florida Public Service Commission. phone number, the name and business address of each principal that (f) Two employees of the judicial branch designated in writing by the person represents, the areas of that person’s legislative interest, and the Chief Justice of the Florida Supreme Court. extent of any direct business association or partnership that person has with any member of the Legislature. The Lobbyist Registration Office or (3) The annual fee is up to $50 per each house for a person to register its designee is authorized to acknowledge the oath of any person who to represent one principal and up to an additional $10 per house for each registers in person. Any changes to the information provided in the additional principal that the person registers to represent. The amount registration form must be reported to the Lobbyist Registration Office of each fee shall be established annually by the President of the Senate in writing within 15 days on forms furnished by the Lobbyist and the Speaker of the House of Representatives. The fees set shall be Registration Office. adequate to ensure operation of the lobbyist registration and reporting operations of the Lobbyist Registration Office. The fees collected by the (2) Any person required to register must do so with respect to each principal prior to commencement of lobbying on behalf of that principal. Lobbyist Registration Office under this joint policy shall be deposited in At the time of registration, the registrant shall provide a statement the State Treasury and credited to the Legislative Lobbyist Registration signed by the principal or principal’s representative that the registrant Trust Fund specifically to cover the costs incurred in administering this is authorized to represent the principal. Any person required to register joint policy. must renew the registration annually, in accordance with Joint Senate 1.4—Periodic Reports Required and House Rule 1.3. (1) REPORTING DATES.—Each person who registers pursuant to (3) If a principal is represented by two or more lobbyists, the first Joint Senate and House Rule 1.2 must submit to the Lobbyist lobbyist who registers to represent that principal shall be the designated Registration Office, on forms provided by the Lobbyist Registration lobbyist. The principal may change its designated lobbyist at any time Office and for each reporting period required by this rule, a signed and in writing on forms furnished by the Lobbyist Registration Office. Upon certified statement listing all lobbying expenditures during the termination of the designated lobbyist’s representation, the principal shall notify the Lobbyist Registration Office within 15 days, on forms reporting period and the sources of funds for those expenditures as furnished by the office, of the appointment of a new designated lobbyist. required in this rule. Reporting statements shall be filed no later than 45 days after the end of the reporting period. Only two reports are (4) A lobbyist shall promptly send a notice to the Lobbyist required each calendar year. The first report shall disclose expenditures Registration Office, on forms furnished by the Lobbyist Registration made from January 1 through June 30. The second report shall disclose Office, cancelling the registration for a principal upon termination of the expenditures for July 1 through December 31. It is the intent of this rule lobbyist’s representation of that principal. A notice of cancellation takes that each reporting period be separate from the other reporting period effect the day it is received by the Lobbyist Registration Office. and that each expenditure be reported just once. In addition, any Notwithstanding this requirement, the Lobbyist Registration Office reporting statement may be filed by electronic means, when feasible. may remove the name of a lobbyist from the list of registered lobbyists if the principal notifies the Lobbyist Registration Office that the lobbyist (2) TIMELINESS OF REPORTS.—Reports shall be filed not later is no longer authorized to represent that principal. Each lobbyist shall than 5 p.m. of the report due date. However, any report that is file an expenditure report for each period during any portion of which he postmarked by the United States Postal Service no later than midnight or she was registered, and each principal shall ensure that an of the due date shall be deemed to have been filed in a timely manner. expenditure report is filed for each period during any portion of which A certificate of mailing obtained from and dated by the United States the principal was represented by a registered lobbyist. Postal Service at the time of the mailing, or a receipt from an established courier company which bears a date on or before the due date, shall be (5) The Lobbyist Registration Office shall publish on the first proof of mailing in a timely manner. Monday of each regular session and weekly thereafter through the end of that session a compilation of the names of persons who have (3) LOBBYIST’S EXPENDITURE REPORT.— registered and the information contained in their registrations. (a) The Lobbyist’s Expenditure Report shall include the name of the (6) The Lobbyist Registration Office shall retain all original lobbyist and the name of the principal on whom the report is prepared. documents submitted under this section. Expenditures for the reporting period shall be reported by the following categories: Food and Beverages; Entertainment; Research; (7) A person who is required to register under this rule, or who Communications; Media Advertising; Publications; Travel; Lodging; chooses to register, shall be considered a lobbyist of the Legislature for Special Events; and Other. For each expenditure category, the report the purposes of sections 112.3148 and 112.3149, Florida Statutes, must identify the amount paid directly by the lobbyist, directly by the relating to the reporting of and the prohibited receipt of gifts and principal, initiated or expended by the lobbyist and paid for by the honoraria. principal, or initiated or expended by the principal and paid for by the 1.3—Registration Costs; Exemptions lobbyist. Forms shall be provided by the Lobbyist Registration Office.

(1) To cover the costs incurred in administering this joint policy, (b) A lobbyist shall file a Lobbyist’s Expenditure Report for each each person who registers under Joint Senate and House Rule 1.1 must principal represented. pay an annual registration fee to the Lobbyist Registration Office. The annual period runs from January 1 to December 31. These fees must be (c) When a principal has two or more lobbyists, the designated paid at the time of registration. lobbyist will be responsible for filing a report that discloses the expenditures made directly by the principal and the expenditures of the (2) The following persons are exempt from paying the fee, provided designated lobbyist on behalf of the principal. The designated lobbyist they are designated in writing by the agency head or person designated is responsible for making a good faith effort to obtain the figures in this subsection: reported as lobbying expenditures made by the principal. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 111

(d) When there are multiple lobbyists, only the designated lobbyist 5. “Media Advertising” means newspaper and magazine advertising, is to report expenditures made directly by the principal. When there are radio and television advertising, and outdoor advertising, including multiple lobbyists, only unduplicated amounts should be reported for production services and copyrighting services. expenditures initiated or expended by the lobbyist and paid for by the 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 (e) The principal is responsible for the accuracy of the figures is not required by law to be reported. submitted to the lobbyist for reporting, and the lobbyist is responsible for the accuracy of the figures reported as lobbying expenditures made 7. “Publications” means mass-produced, printed materials, by that lobbyist. The principal shall sign the expenditure report including, but not limited to, magazines, newsletters, brochures, or submitted by the principal’s sole or designated lobbyist. pamphlets, which expressly encourage persons to communicate with members or employees of the Legislature to influence the official actions (4) EXPENDITURES.— of members or employees of the Legislature or which are designed to communicate with members or employees of the Legislature. (a) Definitions.— 8. “Research” means procurement of information relating to a 1. “Expenditure” means a payment, distribution, loan, advance, specific issue, regardless of the form or medium in which that reimbursement, deposit, or anything of value made or controlled, information is provided, including, but not limited to, surveys, bill- directly or indirectly, by a lobbyist or principal for the purpose of tracking services, information services, periodicals, and consultants or lobbying. Expenditures shall be accounted for and reported on an consultant services to gather data or statistics. accrual accounting basis. 9. “Special Events” means large-scale occurrences, including, but 2. “Accrual accounting basis” means the method of accounting that not limited to, receptions, banquets, dinners, or legislative days, to recognizes expenses during the period in which they are incurred which more than 250 persons are invited and for which the expenditures regardless of when they are actually paid. associated with hosting the occurrence are negotiated with a catering (b) Goodwill expenditures.—An expenditure shall be considered to service or facility at a single, set price or which include multiple have been intended to be for the purpose of engendering goodwill if it is expenditure categories. a gift, an entertainment, any food or beverage, or any other item or 10. “Travel” means transporting an individual from one place to service of similar personal benefit to a member or an employee of the another, regardless of the means used. Legislature, unless the member or employee is a relative of the lobbyist. A relative is an individual who is related to the member or employee as (d) Items that are not expenditures.—The term “expenditure” does father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, not include: nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, 1. Contributions or expenditures reported pursuant to chapter 106, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, Florida Statutes; campaign-related personal services provided without grandparent, great grandparent, grandchild, great grandchild, step compensation by individuals volunteering their time; or any other grandparent, step great grandparent, step grandchild, or step great contribution or expenditure by a political party. grandchild; any person who is engaged to be married to the member or 2. A lobbyist’s or principal’s salary, office expenses, and personal employee or who otherwise holds himself or herself out as or is generally expenses for lodging, meals, and travel. If the principal is a firm, known as the person whom the member or employee intends to marry corporation, association, or person, other than a natural person, the or with whom the member or employee intends to form a household; or office expenses of the entity and the salaries of the officers of the entity, any other natural person having the same legal residence as the as well as expenses for their lodging, meals, and travel, are not lobbying member or employee. expenditures. Office expenses include, but are not limited to, payment (c) Expenditure categories.—Each reporting individual shall make a or obligation for rent or mortgage, utilities, postage, telephone service, good faith effort to report an expenditure and to report it in the employees’ salaries, furniture, copies, computers, software, paper appropriate category. If an expenditure fits in two or more categories, it supplies, and custodial or maintenance services. Communications, shall be reported in the category to which the expense primarily relates. publications, and research are office expenses if performed or produced When an expenditure is not within any defined category, it should be by the lobbyist or principal or their employees. If those functions are reported in the “Other” category. The categories of expenditures used in performed by independent contractors, other than the lobbyist or this rule are as follows: principal or an affiliate controlled by the principal, they are expenditures reportable under the appropriate expenditure category. 1.a. “Communications” means dissemination of information, including, but not limited to, by means of the following: 3. If an expense is incurred for a nonlobbying business purpose and the product of that expense is later used for a lobbying purpose, a I. Audio-visual materials; and reportable expenditure is not created.

II. Signs, placards, banners, buttons, promotional materials, and (e) Valuation of expenditures.— other display materials; 1. In calculating the amount of aggregate expenditures, a lobbyist or together with any associated production services. 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 b. This category does not include media advertising, publications, or that rounds to zero. research. 2. The amount to be reported for an expenditure shall be determined 2. “Entertainment” means amusement or recreation, including, but using the actual cost to the lobbyist or principal or other person making not limited to, sporting, hunting, fishing, theatrical, artistic, cultural, the payment on behalf of the lobbyist or principal, less any and musical activities or events. 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. 112 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

3. When a lobbyist has multiple principals, expenditures made for Registration Office. A fine shall be assessed for any subsequent late- the purpose of engendering goodwill that are not attributable to one filed reports. principal may be prorated among the lobbyist’s principals or may be attributed to one principal. (5) A lobbyist, a lobbyist’s legal representative, or the principal of a lobbyist may request that the filing of an expenditure report be waived 4. When a lobbyist has multiple principals, expenditures for upon good cause shown, based on unusual circumstances. The request research or other expenditures that may benefit several principals may must be filed with the General Counsel of the Office of Legislative be reported to the principal for whom the research was done or other Services, who shall make a recommendation concerning the waiver expenditures incurred or prorated to those principals that may benefit request to the President of the Senate and the Speaker of the House of from the research or other expenditures. Representatives. The President of the Senate and the Speaker of the House of Representatives may grant or deny the request. The 5. The amount reported as an expenditure shall not include the registration of a lobbyist who fails to timely pay a fine is automatically amount of any additional expenses that are required as a condition suspended until the fine is paid or waived. precedent to eligibility to make an expenditure if the amount expended for the condition precedent is primarily intended to be for a purpose (6) The person designated to review the timeliness of reports shall other than lobbying or if it is paid to a charitable organization. If the notify the director of the division of the failure of a lobbyist to file a amount expended for the condition precedent is primarily intended to be report after notice or of the failure of a lobbyist to pay the fine imposed. for a lobbying purpose and is not paid to a charitable organization, the total amount of the expenditure shall be reported as a lobbying 1.6—Appeal of Fines; Hearings; Unusual Circumstances expenditure. Initiation fees, membership fees, and booster fees are (1) A lobbyist wishing to appeal or dispute a fine imposed in examples, although not exclusive examples, of additional expenses that accordance with Joint Senate and House Rule 1.5 shall file with the are regularly required as conditions precedent for eligibility to make Lobbyist Registration Office a notice of appeal within 30 days after the other expenditures. notice of payment due is transmitted by the Lobbyist Registration 6. A person providing transportation in a private automobile shall be Office, setting out with specificity the unusual circumstances considered to be making an expenditure at the rate of 29 cents per mile, surrounding the failure to file on the designated due date. A request for and the amount of an expenditure made for transportation provided in a hearing on the matter before the General Counsel of the Office of other private conveyances shall be determined in accordance with the Legislative Services must be made within the same 30-day period. The provisions of section 112.3148(7), Florida Statutes. notice of appeal may be accompanied by any documentation or evidence supporting the claim. Failure to timely file a notice of appeal as 7. A person providing lodging in a private residence shall be described in this subsection shall constitute a waiver of the right to considered to be making an expenditure of $29 per night. appeal or to dispute a fine.

8. Expenditures made for more than one person may be attributed, (2) The President of the Senate and the Speaker of the House of on a pro rata basis, among all of the persons for whom the expenditure Representatives may waive the fine in whole or in part for good cause is made. shown based on the unusual circumstances presented by the lobbyist.

(5) AGGREGATION OF EXPENDITURE FIGURES.—For each (3) The term “unusual circumstances” for the purposes of this rule reporting period, the Lobbyist Registration Office shall aggregate the means uncommon, rare, or sudden events over which the person has no expenditures reported by all of the lobbyists for a principal represented control and which directly result in the failure to meet the filing by more than one lobbyist. Following the last report for each calendar requirements. year, the Lobbyist Registration Office shall provide a total of (4) The Department of Banking and Finance shall collect any fine expenditures reported as spent by and on behalf of each principal for that is not timely paid. that calendar year. 1.7—Questions Regarding Registration 1.5—Penalties for Late Filing (1) A person may request in writing an informal opinion from the (1) Upon determining that a report is late, the person designated to general counsel of the Office of Legislative Services as to the application review the timeliness of reports shall immediately notify the lobbyist as of this rule to a specific situation. The general counsel shall issue the to the failure to timely file the report and that a fine is being assessed opinion within 10 days after receiving the request. The informal opinion for each late day. The fine shall be $50 per day per report for each late may be relied upon by the person who requested the informal opinion. day, not to exceed $5,000 per report. A copy of each informal opinion which is issued shall be provided to the (2) Upon receipt of the report, the person designated to review the presiding officer of each house. The committees designated under timeliness of reports shall determine the amount of the fine due based section 11.045(4), Florida Statutes, may revise any informal opinion upon the earliest of the following: rendered by the general counsel through an advisory opinion to the person who requested the informal opinion. The advisory opinion shall (a) When a report is actually received by the lobbyist registration supersede the informal opinion as of the date the advisory opinion is and reporting office; issued.

(b) When the report is postmarked; (2) Persons in doubt about the applicability or interpretation of this rule may submit in writing the facts for an advisory opinion to the (c) When the certificate of mailing is dated; or committee of either house designated pursuant to section 11.045(4), (d) When the receipt from an established courier company is dated. Florida Statutes, and may appear in person before the committee in accordance with section 11.045(4), Florida Statutes. (3) Such fine shall be paid within 30 days after the notice of payment due is transmitted by the Lobbyist Registration Office, unless appeal is 1.8—Open Records made to the Lobbyist Registration Office. The moneys shall be deposited All of the lobbyist registration and expenditure reports received by the into the Legislative Lobbyist Registration Trust Fund. Lobbyist Registration Office shall be available for public inspection and (4) A fine shall not be assessed against a lobbyist the first time any for duplication at reasonable cost. reports for which the lobbyist is responsible are not timely filed. 1.9—Records Retention and Inspection However, to receive this one-time fine waiver, all reports for which the lobbyist is responsible must be filed within 30 days after notice that any Each lobbyist and each principal shall preserve for a period of 4 years reports have not been timely filed is transmitted by the Lobbyist all accounts, bills, receipts, computer records, books, papers, and other January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 113 documents and records necessary to substantiate lobbying the Office of Economic and Demographic Research. These offices shall expenditures. Upon receipt of a complaint based upon the personal provide support services that are determined by the President of the knowledge of the complainant made pursuant to the Senate Rules or Senate and the Speaker of the House of Representatives to be necessary Rules of the House of Representatives, any such documents and records and that can be effectively provided jointly to both houses and other may be inspected when authorized by the President of the Senate or the units of the Legislature. Each office shall be directed by a coordinator Speaker of the House of Representatives, as applicable. The person selected by the President of the Senate and the Speaker of the House of authorized to perform the inspection shall be designated in writing and Representatives. shall be a member of The Florida Bar or a certified public accountant licensed in Florida. Any information obtained by such an inspection may (1) The Office of Legislative Services shall provide legislative only be used for purposes authorized by law, this rule, Senate Rules, or support services other than those prescribed in subsections (2) and (3). Rules of the House of Representatives, which purposes may include the The Division of Statutory Revision and the Division of Legislative imposition of sanctions against a person subject to this rule or Senate Rules or the Rules of the House of Representatives. Any employee who Information shall be two of the divisions within the Office of Legislative uses that information for an unauthorized purpose is subject to Services. discipline. Any member who uses that information for an unauthorized (2) The Office of Legislative Information Technology Services shall purpose is subject to discipline under the applicable rules of each house. provide support services to assist the Legislature in achieving its The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction. objectives though the application of cost-effective information technology. Joint Rule Two (3) The Office of Economic and Demographic Research shall provide General Appropriations Review Period research support services, principally regarding forecasting economic 2.1—General Appropriations Bill; Review Period and social trends that affect policymaking, revenues, and appropriations. (1) A general appropriations bill shall be subject to a 72-hour public review period before a vote is taken on final passage of the bill in the 3.2—Policies form that will be presented to the Governor. The President of the Senate and the Speaker of the House of (2) If a bill is returned to the house in which the bill originated and Representatives shall jointly adopt policies they consider advisable to the originating house does not concur in all the amendments or adds carry out the functions of the Legislature. additional amendments, no further action shall be taken on the bill by the nonoriginating house, and a conference committee shall be Joint Rule Four established by operation of this rule to consider the bill. Joint Legislative Auditing Committee (3) If a bill is referred to a conference committee by operation of this rule, a 72-hour public review period shall be provided prior to a vote 4.1—Responsibilities being taken on the conference committee report by either house. (1) On or before December 31 of the year following each decennial (4) A copy of the bill, a copy of the bill with amendments adopted by census, the Legislative Auditing Committee shall review the the nonoriginating house, or the conference committee report shall be performance of the Auditor General and shall submit a report to the furnished to each member of the Legislature, the Governor, the Chief Legislature which recommends whether the Auditor General should Justice of the Supreme Court, and each member of the Cabinet. Copies continue to serve in office. for the Governor, Chief Justice, and members of the Cabinet shall be furnished to the official’s office in the Capitol or Supreme Court (2) The expenses of the members of the committee shall be approved Building. A member’s copy shall be furnished to the member’s desk in by the chair of the committee and paid from the appropriation for the appropriate chamber. The Secretary of the Senate shall be legislative expense. responsible for furnishing copies under this rule for Senate bills, House bills as amended by the Senate, and conference committee reports on (3) The committee shall submit to the President of the Senate and Senate bills. The Clerk of the House shall be responsible for furnishing the Speaker of the House of Representatives, for approval, an estimate copies under this rule for House bills, Senate bills as amended by the of the financial needs of the committee, the Auditor General, the Office House, and conference committee reports on House bills. of Program Policy Analysis and Government Accountability, and the Public Counsel. (5) The 72-hour public review period shall begin to run upon completion of the furnishing of copies required to be provided herein. (4) The committee and the units it oversees, including the Auditor The Speaker of the House and the President of the Senate, as General, the Office of Program Policy Analysis and Government appropriate, shall be informed of the completion time and such time Accountability, and the Public Counsel, shall submit their budget shall be announced on the floor prior to vote on final passage in each requests and operating budgets to the President of the Senate and the house and shall be entered in the journal of each house. Saturdays, Sundays, and holidays shall be included in the computation under this Speaker of the House of Representatives for prior written approval by rule. the presiding officers acting together. 2.2—General Appropriations Bill; Definition (5) The committee may receive requests for audits and reviews from legislators. Staff of the committee shall review each request and make For the purposes of Joint Rule 2, the term “general appropriations a recommendation to the committee concerning its disposition. The bill” means a bill which provides for the salaries of public officers and manner of disposition recommended may be: other current expenses of the state and contains no subject other than appropriations. A bill which contains appropriations which are (a) Assignment to the Auditor General for inclusion in a regularly incidental and necessary solely to implement a substantive law is not scheduled agency audit; included within this term. (b) Assignment to the Auditor General for special audit or review; Joint Rule Three (c) Assignment to the Office of Program Policy Analysis and Legislative Support Services Government Accountability for inclusion in a regularly scheduled 3.1—Organizational Structure performance audit; The Legislature shall be supported by the Office of Legislative (d) Assignment to the Office of Program Policy Analysis and Services, the Office of Legislative Information Technology Services, and Government Accountability for special audit or review; 114 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 22, 2002

(e) Assignment to committee staff; or Joint Rule Six

(f) Rejection as being an unnecessary or inappropriate application of Office of Program Policy Analysis and Government legislative resources. Accountability

(6) The committee may at any time, without regard to whether the 6.1—Responsibilities of the Director Legislature is in session, take under investigation any matter within the (1) The director may adopt and enforce reasonable rules necessary scope of an audit either completed or then being conducted by the to facilitate the studies, reviews, and reports that the office is authorized Auditor General or the Office of Program Policy Analysis and to perform. Government Accountability, and in connection with such investigation may exercise the powers of subpoena by law vested in a standing (2) The director shall prepare and submit annually to the President committee of the Legislature. of the Senate and the Speaker of the House of Representatives for their joint approval the annual projected work plan of the office in conjunction (7) The committee shall review the performance of the director of the with a proposed operating budget for the ensuing fiscal year. Office of Program Policy Analysis and Government Accountability every 4 years and shall submit a report to the Legislature recommending (3) Within the monetary limitations of the approved operating whether the director should be reappointed. A vacancy in the office must budget, the salaries and expenses of the director and the staff of the be filled in the same manner as the original appointment. Office of Program Policy Analysis and Government Accountability shall be paid from the appropriation for legislative expense or any other Joint Rule Five moneys appropriated by the Legislature for that purpose. The director Auditor General shall approve all bills for salaries and expenses before the same shall be paid. 5.1—Rulemaking Authority (4) Within the monetary limitations of the approved operating The Auditor General shall make and enforce reasonable rules and budget, the director shall make all spending decisions, including regulations necessary to facilitate audits that he or she is authorized to entering into contracts on behalf of the Office of Program Policy Analysis perform. and Government Accountability.

5.2—Budget and Accounting (5) The director shall transmit to the President of the Senate and the Speaker of the House of Representatives, by December 1 of each year, (1) The Auditor General shall prepare and submit annually to the a list of statutory and fiscal changes recommended by office reports. The President of the Senate and the Speaker of the House of Representatives recommendations shall be presented in two categories: one addressing for their joint approval a proposed budget for the ensuing fiscal year. substantive law and policy issues and the other addressing budget issues. The director may also transmit recommendations at other times (2) Within the limitations of the approved operating budget, the of the year when the information would be timely and useful for the salaries and expenses of the Auditor General and the staff of the Auditor Legislature. General shall be paid from the appropriation for legislative expense or any other moneys appropriated by the Legislature for that purpose. The Joint Rule Seven Auditor General shall approve all bills for salaries and expenses for his or her staff before the same shall be paid. Joint Legislative Budget Commission

5.3—Audit Report Distribution 7.1—General Responsibilities

(1) A copy of each audit report shall be submitted to the Governor, (1) The commission, as provided in chapter 216, Florida Statutes, to the Comptroller, and to the officer or person in charge of the state shall receive and review notices of budget and personnel actions and agency or political subdivision audited. One copy shall be filed as a proposed actions taken or to be taken by the executive and judicial permanent public record in the office of the Auditor General. In the case branches and shall approve or disapprove such actions. of county reports, one copy of the report of each county office, school (2) Through the chairman, the commission shall advise the district, or other district audited shall be submitted to the board of Governor and the Chief Justice of actions or proposed actions that county commissioners of the county in which the audit was made and exceed delegated authority or that are contrary to legislative policy and shall be filed in the office of the clerk of the circuit court of that county intent. as a public record. When an audit is made of the records of the district school board, a copy of the audit report shall also be filed with the (3) To the extent possible, the commission shall inform members of district school board, and thereupon such report shall become a part of the Legislature of budget amendments requested by the executive or the public records of such board. judicial branches.

(2) A copy of each audit report shall be made available to each (4) The commission shall consult with the Comptroller and the member of the Legislative Auditing Committee. Executive Office of the Governor on matters as required by chapter 216, Florida Statutes. (3) The Auditor General shall transmit a copy of each audit report to the appropriate substantive and fiscal committees of the Senate and (5) The President of the Senate and the Speaker of the House of House of Representatives. Representatives may jointly assign other responsibilities to the commission in addition to those assigned by law. (4) Other copies may be furnished to other persons who, in the opinion of the Auditor General, are directly interested in the audit or (6) The commission shall develop policies and procedures necessary who have a duty to perform in connection therewith. to carry out its assigned responsibilities.

(5) The Auditor General shall transmit to the President of the (7) The commission, with the approval of the President of the Senate Senate and the Speaker of the House of Representatives, by December and the Speaker of the House of Representatives, may appoint 1 of each year, a list of statutory and fiscal changes recommended by subcommittees as necessary to facilitate its work. audit reports. The recommendations shall be presented in two 7.2—Zero-based Budgeting categories: one addressing substantive law and policy issues and the other addressing budget issues. The Auditor General may also transmit (1) The commission shall develop a schedule and apply zero-based recommendations at other times of the year when the information would budgeting principles in reviewing the budget of each state agency at be timely and useful for the Legislature. least once every 8 years. January 22, 2002 JOURNAL OF THE HOUSE OF REPRESENTATIVES 115

(2) By July 1 of each year, the commission shall issue instructions to (4) A quorum shall consist of a majority of the commission members the agencies whose budgets are to be reviewed prior to the next of each house plus one additional member of the commission. legislative session. (5) Action by the commission shall require a majority vote of the (3) The commission shall provide these reviews to the President of members present of each house. the Senate and the Speaker of the House of Representatives by December 31 of the year in which they are completed. (6) The commission shall be jointly staffed by the appropriations committees of both houses. During even-numbered years, the Senate (4) By February 1, 2001, the commission shall provide to the shall provide the lead staff. During odd-numbered years, the House of President of the Senate and the Speaker of the House of Representatives a schedule for completing zero-based budgeting reviews of all state Representatives shall provide the lead staff. agencies prior to December 31, 2008. 7.4—Notice of Commission Meetings 7.3—Organizational Structure Not less than 7 days prior to a meeting of the commission, a notice of (1) The commission shall be composed of seven members of the the meeting, stating the items to be considered, date, time, and place, Senate appointed by the President of the Senate and seven members of shall be filed with the Secretary of the Senate when the chairman is a the House of Representatives appointed by the Speaker of the House of Senator or with the Clerk of the House of Representatives when the Representatives. The appointees shall include the chairman of the chairman is a Representative. The Secretary or the Clerk shall Fiscal Responsibility Council in the House of Representatives and the distribute notice to the Legislature and the public, consistent with the chairman of the Committee on Appropriations in the Senate. rules and policies of their respective houses.

(2) The members of the commission shall elect a chairman and a vice Joint Rule Eight chairman. In even-numbered years, a Senator shall be chairman and a House member vice chairman. In odd-numbered years, a House member Continuing Existence of Joint Rules shall be chairman and a Senator vice chairman. 8.1—Continuing Existence of Joint Rules (3) The commission shall meet at least quarterly and more frequently at the direction of the presiding officers or the chairman. All joint rules adopted by concurrent resolution, and amendments Meetings may be conducted through teleconferences or other electronic thereto, shall continue in effect from session to session or Legislature to means. Legislature until repealed by concurrent resolution.