The Journal OF THE House of Representatives Number 4 Tuesday, March 10, 1998 The House was called to order by the Speaker at 8:30 a.m. A quorum was present. Prayer Pledge The following prayer was offered by Dr. Shirley C. White, Pastor of the The Members, led by Ryan F. Black, Alicia G. Hansen, Karina L. Love Center Holiness Church of the Living God, Apalachicola, upon Hansen, Kalen Emhof, and Peter Joshua Tebow, pledged allegiance to invitation of Rep. Boyd: the Flag. Ryan F. Black of Orlando served at the invitation of Rep. Trovillion. Alicia G. Hansen, Karina L. Hansen, and Kalen Emhof of Heavenly Father, we thank thee for the gathering of your people at Tallahassee served at the invitation of the Speaker. Peter Joshua Tebow this session of the Florida House of Representatives. May your Holy of Bryceville served at the invitation of Rep. Fuller. Spirit brood over us as we lead each heart into understanding your will at the task at hand. House Physician Help us to realize the greatness of today’s success lies in the assurance The Speaker introduced Dr. Joshua Simon of Coral Springs, who that we have your presence. served in the Clinic today upon invitation of Rep. Thrasher. We thank you for your world and our ability to help make it enjoyable Correction of the Journal to live in. Our hearts do praise you forever. Amen. The Journal of March 6 was corrected and approved as follows: On The following Members were recorded present: page 132, column 2, line 11 from the bottom, after Amendment 1 to HB 3871, delete “Safley” and insert: Rayson The Chair Crady King Rodriguez-Chomat Albright Crist Kosmas Rojas Motions Relating to Committee References Andrews Crow Lawson Safley Argenziano Culp Lippman Sanderson On motion by Rep. Crady, Co-Chair of the Committee on Rules, Arnall Dawson-White Littlefield Saunders Resolutions, & Ethics, the rules were suspended and all references of Arnold Dennis Livingston Sembler HBs 121, 3273, 3347, 3445, and 3517 were removed and the bills were shown as filed but not referred. Bainter Dockery Logan Silver Ball Edwards Lynn Sindler On motion by Rep. Futch, agreed to by two-thirds vote, HB 681 was Barreiro Effman Mackenzie Spratt withdrawn from further consideration of the House. Betancourt Eggelletion Mackey Stabins Bitner Fasano Maygarden Stafford On motion by Rep. Livingston, agreed to by two-thirds vote, HB 3023 was withdrawn from further consideration of the House. Bloom Feeney Meek Sublette Boyd Fischer Melvin Tamargo On motion by Rep. Bradley, agreed to by two-thirds vote, HB 1013 was Bradley Flanagan Merchant Thrasher withdrawn from further consideration of the House. Brennan Frankel Miller Tobin Bronson Fuller Minton Trovillion Recessed Brooks Futch Morroni Turnbull On motion by Rep. Thrasher, the House recessed at 8:47 a.m., to Brown Gay Morse Valdes reconvene at 9:40 a.m. today. Bullard Goode Murman Villalobos Burroughs Hafner Ogles Warner Reconvened Bush Harrington Peaden Wasserman Schultz Byrd Healey Posey Westbrook The House was called to order by the Speaker at 9:40 a.m. A quorum was present. Carlton Heyman Prewitt, D. Wiles Casey Hill Pruitt, K. Wise Remarks Relating to Pending Motion before Supreme Court in Chestnut Horan Putnam Ziebarth Chiles v. Phelps and Webster Clemons Jacobs Ritchie Constantine Jones Ritter Rep. Thrasher: Mr. Speaker, thank you for the opportunity on Cosgrove Kelly Roberts-Burke behalf of Representative Villalobos, Representative Warner, and myself to represent you and the House of Representatives before the Supreme (A list of excused Members appears at the end of the Journal.) Court this morning. 150 March 10, 1998 JOURNAL OF THE HOUSE OF REPRESENTATIVES 151 We went to the Supreme Court this morning, not because we felt we The final legislative vote in every body, in every one of the states, needed to be there, but because the Governor felt that we needed to be including the body of Congress in Washington, has the final say on every there because he was concerned about the actions that we had taken in piece of legislation before it becomes law. And that is by some respect to the veto overrides. We were there at the Court’s request on extraordinary vote, whatever that may be and whatever that is defined, our motion to continue this proceeding until the conclusion of the has the opportunity to override any veto of another branch. Then I Legislature, so that we could get back to doing the business of the believe the courts eventually can say whether or not the particular Florida House of Representatives. legislation is valid or not, but that shouldn’t take place until we’ve I feel that we made the points that we intended to make in the oral totally and fully done our duty, and that is to vote the way we see fit. arguments. I’m proud of Representative Villalobos and Representative And as I announced in November, I did not feel that those issues Warner for the excellent skill they showed in arguing before the should come before us. It certainly would have made a very difficult Supreme Court. I think every Member of this body ought to be proud of session even more difficult, and I did not want to do anything from lethal the Speaker for taking the position he’s taken and for the integrity of injection to overrides to meat inspectors. I didn’t want to do any of that. this Legislature in respect to the separation of powers. I wanted to focus on the one thing we came here to focus on, which was This is not a battle with the Governor. This is, again, as we said on the a tightly construed and tightly drawn special session dealing with school floor, we believe, our ability to move forward with legislation in a construction and school overcrowding. We did that. But I think at the manner prescribed by the Constitution of the State of Florida. That’s end I made it clear, as was pointed out in the Court, that we did plan to what we argued before the Court. The Court was very receptive to our retain those veto messages and take them up at a future date. We did argument. We await to hear the Supreme Court’s decision. that in an orderly manner, and I think we’ve acted very responsibly as a House. Speaker Webster: Representative Villalobos. Thank you for your indulgence, and now it’s time to get back to the Rep. Villalobos: Thank you, Mr. Speaker. I, too, want to join in business of the House. Sorry for the inconvenience that we have gone thanking you for the privilege of giving Representatives Thrasher and Warner and myself the opportunity to go over to the Court. This is an through. issue that I believe raises several constitutional issues, and obviously we weren’t over there discussing the merits of the case. There will be an Daily Folder appropriate time to do that. But I believe that the institution of the House has certain constitutional duties, and that is the point that we’re General Calendar trying to make over there. And Mr. Speaker, it was certainly very interesting. I think the arguments on both sides were very valid, and I, Bills and Joint Resolutions on Third Reading too, await the response of the Court. HB 3873—A bill to be entitled An act relating to punitive damages; Speaker Webster: Representative Warner. amending s. 400.023, F.S.; providing conditions for the recovery of attorneys’ fees with respect to civil enforcement of certain infractions Rep. Warner: Thank you, Mr. Speaker. I don’t have a whole lot to related to nursing homes; providing for application; providing for add from what’s already been said. But, again, thank you personally for discovery; providing for punitive damages; amending s. 768.72, F.S.; giving us the opportunity and the honor of representing the House revising language with respect to claims for punitive damages in civil before the Supreme Court. actions; requiring clear and convincing evidence of gross negligence or I do think, and I want to say this to the Members, that I thought the intentional misconduct to support the recovery of such damages; Supreme Court received us and received our arguments well with the providing definitions; providing criteria for the imposition of punitive courtesy and respect of one branch of the government to the other. And damages with respect to employers, principals, corporations, or other we very much appreciate their giving us that opportunity to the legal entities for the conduct of an employee or agent; providing for the Members of this House. And the point that we made to the Supreme application of the section; providing an exception; amending s. 768.73, Court—that this argument has nothing to do with partial birth abortion F.S.; revising language with respect to limitations on punitive damages; or any other issue on the merits before this House. The issue has to do providing monetary limitations; providing an exception with respect to whether the Governor can institute a legal action against us during intentional misconduct; providing for consolidated punitive damages session, to shut down our session, or to tell us what to do or what not to trials; providing for the effect of certain previous punitive damages do, and it’s something that we needed to do on behalf of the House of awards; providing a limitation on attorney fees; providing for the Representatives and the Florida Legislature, both now and for the application of the section; providing an exception; providing an effective future.