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.