The Journal OF THE House of Representatives FIRST SPECIAL SESSION—“A” of 2000-2002 Number 2 Tuesday, December 12, 2000 The House was called to order by the Speaker at 10:00 a.m. Mayfield Paul Russell Stansel Maygarden Peterman Ryan Trovillion Prayer McGriff Pickens Seiler Wallace Meadows Prieguez Simmons Waters The following prayer was offered by the Reverend John F. Green of Mealor Rich Siplin Weissman Bethel AME Church of Tallahassee, upon invitation of Rep. Richardson: Melvin Richardson Slosberg Wiles O God, we gather this hour in Your name to deliberate the affairs Miller Ritter Smith Wilson affecting the great people of this great state of Florida. We pray that You Murman Romeo Sobel Wishner would open our minds to the significance of our duties and the blessings Needelman Ross Sorensen of truth and fairness. Negron Rubio Spratt We meet today aware of our desire for greatness and to serve rather A quorum was present. than to be served. But we delight in the knowledge that by the power of Your spirit we can work together with loving compassion and in humble Pledge service. The Members, led by Bryars Byrd and Michael Fowler, pledged Speak to us, O God, as You spoke ages ago bringing order out of chaos. allegiance to the Flag. Bryars Byrd, son of Rep. Byrd, and Michael Speak to us in these troubled times and give us the will and the spirit Fowler served at the invitation of the Speaker. to let order and peace prevail. Correction of the Journal Shed Your light upon us so we may see clearly that in our lives, our labor, and the tough decisions of each day, You are with us. We invite The Journal of December 8 was corrected and approved as corrected. You into the sessions of today and the days to come, so that as we begin and end we can truly say, Your power, not ours, and Your presence Motion to Defer Printing of Remarks prevailed. Amen. On motion by Rep. Byrd, the Clerk was permitted to print, in an The following Members were recorded present: addendum to today’s Journal, remarks made on the floor today pursuant to the Special Rule. Session Vote Sequence: 2 Introduction and Reference The Chair Bowen Flanagan Jennings Alexander Brown Frankel Johnson By Representative Byrd— Allen Brummer Gannon Jordan Andrews Brutus Garcia Joyner HCR 3-A—A concurrent resolution providing for adjournment of the Argenziano Bucher Gardiner Justice House of Representatives for more than 72 consecutive hours. Arza Bullard Gelber Kallinger —was read the first time by title. Attkisson Byrd Gibson Kendrick Atwater Cantens Goodlette Kilmer Special Orders Ausley Carassas Gottlieb Kosmas Baker Clarke Green Kottkamp HCR 1-A—A concurrent resolution providing for the manner of Ball Cusack Greenstein Kravitz appointing electors for President and Vice President of the United Barreiro Davis Haridopolos Kyle States, providing for the appointment of such electors; providing for the Baxley Detert Harper Lacasa filling of vacancies. Bean Diaz de la Portilla Harrell Lee WHEREAS, an election was held in this state on November 7, 2000, Bendross-Mindingall Diaz-Balart Harrington Lerner for the purpose of selecting electors from Florida to cast the state’s vote Bennett Dockery Hart Littlefield for President and Vice President of the United States of America on Bense Farkas Henriquez Lynn December 18, 2000, and Benson Fasano Heyman Machek Betancourt Fields Hogan Mack WHEREAS, Article II, Section 1 of the Constitution of the United Bilirakis Fiorentino Holloway Mahon States provides, in pertinent part, that “Each State shall appoint, in 17 18 JOURNAL OF THE HOUSE OF REPRESENTATIVES December 12, 2000 such Manner as the Legislature thereof may direct, a Number of United States of America, such number being equal to the whole number Electors, equal to the whole Number of Senators and Representatives to of Senators and Representatives to which the State of Florida is entitled which the State may be entitled in the Congress,” and in the Congress, the following named persons: Charles W. Kane, Maria De La Milera, Sandra M. Faulkner, H. Gary Morse, Armando Codina, WHEREAS, Section 5 of Title 3 of the United States Code provides: Carole Jean Jordan, Tom Slade, Marsha Nippert, Robert L. Woody, “If any State shall have provided, by laws enacted prior to the day John Thrasher, Mel Martinez, Feliciano M. Foyo, Al Hoffman, Alfred S. fixed for the appointment of the electors, for its final determination Austin, Thomas C. Feeney, III, John M. McKay, Cynthia M. Handley, of any controversy or contest concerning the appointment of all or Darryl K. Sharpton, Dr. Adam W. Herbert, Berta J. Moralejo, Jeanne any of the electors of such State, by judicial or other methods or Barber Godwin, Deborah L. Brooks, Dr. Dorsey C. Miller, Glenda E. procedures, and such determination shall have been made at least Hood, and Dawn Guzzetta. six days before the time fixed for the meeting of the electors, such BE IT FURTHER RESOLVED that, if for any reason an elector determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the appointed by this resolution is unable to serve because of death, electors, shall be conclusive, and shall govern in the counting of the incapacity, or otherwise, the Governor of the State of Florida may electoral votes as provided in the Constitution, and as hereinafter appoint a person to fill such vacancy who is a citizen of the State of regulated, so far as the ascertainment of the electors appointed by Florida, who was registered and otherwise eligible to vote in the general such State is concerned,” and election held on November 7, 2000, and who is not prohibited from serving as an elector under Artice II, Section 1 of the United States WHEREAS, the names of the electors who were appointed following Constitution. the Florida Secretary of State’s certification on November 26, 2000, were forwarded to Congress by the Governor of the State of Florida with a BE IT FURTHER RESOLVED that each elector for President and certificate of ascertainment pursuant to a timetable and scheme Vice President of the United States appointed by this resolution shall, dictated by the November 21, 2000, decision of the Florida Supreme before 10 a.m. on December 18, 2000, give notice to the Governor of the Court, and that decision has been vacated by the December 4, 2000, State of Florida that such elector is in Tallahassee and ready to perform ruling of the Supreme Court of the United States, thus increasing the the duties of an elector for President and Vice President of the United uncertainty and confusion regarding the validity of the appointment of States and, if it shall be found that one or more electors appointed those electors, and pursuant to this concurrent resolution are absent, the electors present, subject to the provisions of section 103.061, Florida Statutes, shall elect WHEREAS, the electors who were appointed on November 26, 2000, by ballot, in the presence of the Governor, a person or persons to fill such are the same electors as those who would have been appointed pursuant vacancy or vacancies as may have occurred through the nonattendance to a certification made on November 17, 2000, had the Florida Secretary of the elector. of State been allowed to do so, and —was read the second time by title. WHEREAS, it appears that there exists a reasonable risk that the Congress of the United States, in exercising its counting powers Rep. Goodlette briefly explained the Special Rule for HCR 1-A, which pursuant to the Twelfth Amendment of the Constitution of the United was adopted on Friday, December 8. States and Title 3 of the United States Code over the votes cast for The Speaker referred to Rule 2.3 relating to the preservation of order President and Vice President by the members of the Electoral College, may determine that the election held in this state for the purpose of and decorum. choosing electors has failed to make a choice on the day prescribed by law because contests and controversies have arisen concerning that REPRESENTATIVE MELVIN IN THE CHAIR election, and that the Congress may decide that those contests and controversies either were not finally determined by December 12, 2000, THE SPEAKER IN THE CHAIR or that such determination was not pursuant to pre-existing election law or was not in compliance with Article II, Section 1 of the United States Representative(s) Cantens offered the following: Constitution, and that accordingly Congress may not count the votes of (Amendment Bar Code: 073213) the 25 electors already certified and sent to the Congress by the Governor of the State of Florida, and Amendment 1—On page 4, lines 6 - 13 remove from the bill: all of said lines WHEREAS, the Florida Legislature wishes to fulfill its constitutional obligation to ensure that Florida’s six million voters are not and insert in lieu thereof: following named persons: Charles W. Kane, disenfranchised and that its 25 electoral votes will be counted by whose address is or was 4084 S.E. Fairway East, Stuart, Florida 34997; Congress, and Maria De La Milera, whose address is or was 398 West 53rd Street, WHEREAS, Section 2 of Title 3 of the United States Code provides Hialeah, Florida 33012; Sandra M. Faulkner, whose address is or was that “Whenever any State has held an election for the purpose of 1850 Stable Trail, Palm Harbor, Florida 34685; H. Gary Morse, whose choosing electors, and has failed to make a choice on the day prescribed address is or was 1100 Main Street, The Villages, Florida 32159; by law, the electors may be appointed on a subsequent day in such Armando Codina, whose address is or was 2 Alhambra Plaza, PH 2, manner as the Legislature of such State may direct,” NOW, Coral Gables, Florida 33134; Carole Jean Jordan, whose address is or THEREFORE, was 1525 Old Dixie Highway, Vero Beach, Florida 32960; Tom Slade, whose address is or was 200 West College Avenue, #308, Tallahassee, Be It Resolved by the House of Representatives of the State of Florida, Florida 32301; Marsha Nippert, whose address is or was 1520 Blue the Senate Concurring: Heron, Sarasota, Florida 34239; Robert L.