The Journal OF THE House of Representatives Number 1 Tuesday, March 6, 2001 Journal of the House of Representatives for the 103rd Regular Session since Statehood in 1845, convened under the Constitution of 1968, begun and held at the Capitol in the City of Tallahassee in the State of Florida on Tuesday, March 6, 2001, being the day fixed by the Constitution for the purpose. This being the day fixed by the Constitution for the convening of the Ausley Diaz-Balart Jordan Paul Legislature, the Members of the House of Representatives met in the Baker Dockery Joyner Peterman Chamber at 9:50 a.m. for the beginning of the 103rd Regular Session Ball Farkas Justice Pickens and were called to order by the Honorable Tom Feeney, Speaker. Barreiro Fasano Kallinger Prieguez Baxley Fields Kendrick Rich Prayer Bean Fiorentino Kilmer Richardson The following prayer was offered by the Reverend James Jennings of Bendross-Mindingall Flanagan Kosmas Ritter First United Methodist Church of Sarasota, upon invitation of Rep. Bennett Frankel Kottkamp Romeo Clarke: Bense Gannon Kravitz Ross Benson Garcia Kyle Rubio God of our beginnings and our endings, God of the Passover, Easter, Berfield Gardiner Lacasa Russell God of the pilgrims to Mecca, Alpha and Omega of the whole universe, Betancourt Gelber Lee Ryan bless this assembly with Your mercy and Your grace. We give You Bilirakis Gibson Lerner Seiler thanks for this day of new beginnings. But, O God, as we begin this day, Bowen Goodlette Littlefield Simmons our hearts are heavy for the shooting at Santana High School in Brown Gottlieb Lynn Siplin California. And we ask that You would comfort those grieving families Brummer Green Machek Slosberg as well as show mercy upon the perpetrator, for You are the God of all Brutus Greenstein Mack Smith newness. You are the one who makes all things new, even a new heaven Bucher Haridopolos Mahon Sobel and a new earth. Bullard Harper Mayfield Sorensen Bless, O God, both new and returning Representatives who are Byrd Harrell Maygarden Spratt gathered here this morning. Crown their heads with abundant wisdom Cantens Harrington McGriff Stansel and knowledge and understanding. We pray that You will set newness Carassas Hart Meadows Trovillion in their hearts, new hopes, new visions of their opportunities. Grant Clarke Henriquez Mealor Wallace insight to this assembly to the many, many possibilities that lie in their Crow Heyman Melvin Waters corporate power and influence to order the quality of life of the people Cusack Hogan Miller Weissman of this state. Davis Holloway Murman Wiles O God, we pray for the kind of state where children’s welfare will be Detert Jennings Needelman Wilson valued above industrialists’; where teachers of the young are treasured Diaz de la Portilla Johnson Negron Wishner above financiers; where parks and playgrounds and care for the elderly A quorum was present. are given the same priorities as roads and transportation. Free us, O God, from lethargy, from paradigm paralysis that binds us Pledge like ropes and stir us to action. Inspire all of us to love mercy, to act The Members pledged allegiance to the Flag, led by Howard Buck, justly, and to live in humility with one another. Help us, O God, to find Vice President and Legislative Chairman, Chapter 58, Retired Enlisted ways to become unified, despite our diversity, that the slogan on our Association and Executive Board Member of the Hillsborough County currency e pluribus unum may become a reality. Veterans Council; Michael J. White, State Commander of the Veterans And we ask it in the name of Jesus the Christ, and every heart present of Foreign Wars; Clayton E. Russell, District 2 Commander of the say, Amen. Veterans of Foreign Wars; William R. Kirsop, State Adjutant/ Quartermaster of the Veterans of Foreign Wars; Omer Smith, State The following Members were recorded present: Commander of the American Legion; Jere Moore, Florida Council of Chapters for the Retired Officers Association; Billy Cypress, Color Session Vote Sequence: 1 Guard Member and Seminole Tribe of Florida Inc.; Timmy Johns, Color The Chair Allen Argenziano Attkisson Guard Member and Seminole Tribe of Florida Inc.; Dick Giese, State Alexander Andrews Arza Atwater Department Commander Disabled American Veterans; Charley Price, 1 2 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 6, 2001 Vietnam Veterans of America; Tony Cartlidge, Vietnam Veterans of submitted by the lower courts, examined data concerning case filings Florida Inc. State Coalition; Ken Gainey, Vietnam Veterans of Florida and dispositions, and analyzed various judicial workload indicators. Inc. State Coalition; Mary Pitts, Vietnam Veterans of Florida Inc. State Based on our review, we conclude that there is a need for forty-four new Coalition; John E. Schmidt, Jr., Air Force Association; Chuck judges in the trial courts and that there is no necessity for a change in Sterechele, President, Central Florida Veterans Association; Earnest the number of judges in the district courts of appeal. Black, Disabled American Veterans; Curtis Craig, Disabled American The basic functions of the court—peacefully resolving disputes, Veterans; and Morris Shelkofsky, Disabled American Veterans. upholding and interpreting the law, and protecting rights and House Physician liberties—are constitutional duties owed to the people of Florida under article V of the Florida Constitution. Adequate judges and additional The Speaker introduced Dr. Stefan Kiedrowski of Tallahassee, who court resources are essential in order for the courts to fulfill their served in the Clinic today upon invitation of Rep. Ausley. essential functions. If there are not sufficient judges, supplemental resources, and court services to keep pace with the workload, it is the Correction of the Journal people seeking redress through the courts who are harmed because they are deprived of an opportunity to have their cases carefully decided in The Journal of December 12, 2000, Special Session “A,” was corrected a timely manner. and approved as corrected. The certification process is the mechanism that our constitution Presentation of Former Republican Leaders establishes for the systematic, uniform assessment of the judgeship needs of Florida’s courts. Section 9 of article V requires the Supreme The Speaker presented the following former Republican Leaders who Court to submit findings and recommendations to the Legislature were present today at his invitation: the Honorable William C. Cramer, regarding the need for increasing or decreasing the number of judges the Honorable Jim K. Tillman, the Honorable S. Curtis “Curt” Kiser, the and for redefining the jurisdictional boundaries of the appellate and Honorable Ronald R. “Ron” Richmond, the Honorable R. Dale Patchett, circuit courts. The Legislature may accept or reject the certification and the Honorable Sandra Barringer Mortham. recommendations in whole or in part. Certification is not a statement of what the Supreme Court wants; it is an analytical report of what the Rep. Bense introduced the former Republican Leader and former U.S. county, circuit, and district courts need in order to efficiently and Congressman, William C. Cramer. effectively dispose of the cases brought before them. This determination Presentation of Former Speakers of need is made absent fiscal concerns, which is within the purview of the Legislature. The Speaker presented the following former Speakers who were present today at his invitation: the Honorable Doyle E. Conner, the District Courts of Appeal Honorable Donald L. Tucker, the Honorable Ralph Haben, Jr., the Florida Rule of Judicial Administration 2.035(b)(2) sets forth the Honorable H. Lee Moffitt, the Honorable James Harold Thompson, the criteria for certifying the need for additional judges in the district courts Honorable T. K. Wetherell, and the Honorable John Thrasher. of appeal. Based on these criteria, we do not certify the need for any Subsequently, the Speaker presented the Honorable Daniel Webster. additional district court judges or the necessity for a reduction in the current number of judicial positions. The number of judges in the Presentation of Guests district courts of appeal has remained constant since 1993, except for The Speaker introduced Republican Party Chairman, Al Cardenas, one additional judgeship that was added to the Fifth District Court of the Mayor from the City of Jacksonville, Mayor Delaney, Judge Belvin Appeal in 1999. The district courts did not request any additional judges Perry, Judge Bob Evans, twin nieces, Sarah and Suzanne, his father, this year. Tom Feeney, and wife Ellen Feeney. Our data indicates that although our intermediate appellate courts are operating at close to capacity, they have continued to function Motion effectively through the adoption of innovative case processing methods, On motion by Rep. Byrd, the privilege of the floor was granted to strong staff support and law clerk assistance, and diligent case Reverend John Meadows, father of Rep. Meadows. Reverend John management. The creative use of technology has also significantly Meadows was 100 years old yesterday, March 5. He lives with his son, enhanced their efforts to operate efficiently. We support the Rep. Meadows, in Lauderhill. He has raised three children and four conscientious commitment of our district judges to improve court grandchildren. He plans to celebrate his seventy-first pastoral operations, and we urge the Legislature to continue to provide funding anniversary of the Mt. Zion Missionary Baptist Church,