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2005 RS - Journal 21

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2005 RS - Journal 21 Powered By Docstoc
					                     The Journal                                                OF THE


                     House of Representatives
Number 21                                                                                                                        Friday, April 22, 2005
   The House was called to order by the Speaker at 10:15 a.m.                       Adams                   Cusack           Homan             Poppell
                                                                                    Allen                   Davis, D.        Hukill            Porth
Prayer                                                                              Altman                  Davis, M.        Jennings          Proctor
                                                                                    Ambler                  Dean             Johnson           Quinones
   The following prayer was offered by the Honorable Joyce Cusack:                  Anderson                Detert           Jordan            Reagan
                                                                                    Antone                  Domino           Joyner            Rice
    Almighty God, to whom all hearts are open, all desires are known, and           Arza                    Evers            Justice           Richardson
to whom no secrets are hidden. We ask now, O Heavenly Father, that                  Attkisson               Farkas           Kendrick          Rivera
You will give each of us clean hearts so that we might better serve You.            Ausley                  Fields           Kottkamp          Robaina
Thank You for all Your many blessings. We recognize that all we are or              Barreiro                Flores           Kravitz           Roberson
all we ever hope to be, we owe it to You.                                           Baxley                  Galvano          Kreegel           Ross
                                                                                    Bean                    Gannon           Kyle              Rubio
    O God, we pray for those in our world who are suffering from                    Bendross-Mindingall     Garcia           Legg              Russell
injustice; for those who are discriminated against because of their race,           Bense                   Gardiner         Littlefield       Ryan
color, creed, or religion; for those who are imprisoned for working for the         Benson                  Gelber           Llorente          Sands
relief of oppression. We pray for those that are deprived of reasonable             Berfield                Gibson, A.       Lopez-Cantera     Sansom
health and education; for those suffering from hunger; for those too weak           Bilirakis               Gibson, H.       Machek            Seiler
to help themselves and have no one else to help them. We pray for the               Bogdanoff               Glorioso         Mahon             Simmons
unemployed who cry out for work but can't find it. We pray for anyone               Bowen                   Goldstein        Mayfield          Smith
who is personally affected by injustice.                                            Brandenburg             Goodlette        McInvale          Sorensen
                                                                                    Brown                   Gottlieb         Meadows           Stansel
   As members of this august body, we ask, Almighty Father, that Your               Brummer                 Grant            Mealor            Stargel
wisdom be upon us. Clear our vision. Strengthen us when we are weary                Bucher                  Greenstein       Murzin            Taylor
and encourage us when we are discouraged. We ask, Father, for a special             Bullard                 Grimsley         Needelman         Traviesa
blessing right now for our Speaker. Crown him with knowledge,                       Cannon                  Harrell          Negron            Troutman
wisdom, and understanding. We ask You to bless the Governor of this                 Carroll                 Hasner           Patterson         Vana
State; all of the leaders; our leader, Representative Smith. Help him to be         Clarke                  Hays             Peterman          Waters
the leader that You are looking for in days and times like these.                   Cretul                  Henriquez        Pickens           Williams
Strengthen us all, we pray.                                                         Culp                    Holloway         Planas            Zapata

   Now, Father, give us a spirit of boldness to stand up to our convictions            (A list of excused members appears at the end of the Journal.)
and our attitude in cooperation with those that may disagree, that we may
disagree agreeably.                                                                    A quorum was present.

   Bless our people, our government, and our country. Help us to so live
that others might see You through us.                                               Pledge
   For Thine is the kingdom and the power and the glory of the Father                   The members, led by the following, pledged allegiance to the Flag:
and of the Son and of the Holy Spirit, we do now pray, now and forever.             John E. Auber of Tallahassee at the invitation of Rep. Negron; Karamie
Amen.                                                                               Brutus of North Miami Beach at the invitation of his mother, Rep.
                                                                                    Roberson; Shelby Burris of Tallahassee at the invitation of Rep. Baxley;
   The following members were recorded present:                                     Jordan Cowart of Plantation at the invitation of Rep. Porth; Barbara C.
                                                                                    Delapaz of Miami at the invitation of Rep. Planas; Cara A. Hammock of
Session Vote Sequence: 209                                                          Jacksonville at the invitation of Rep. Brummer; Amber Hill of
                                                                                    Kissimmee at the invitation of Rep. Attkisson; Cecelia C. Z. Lukas of
Speaker Bense in the Chair.                                                         Oviedo at the invitation of Rep. Brummer; Christopher Scott of Pensacola
                                                                                    at the invitation of Rep. Murzin; Hayley Sumner of Hosford, daughter of

                                                                              621
622                                         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                             April 22, 2005


House Sergeant at Arms Earnest W. Sumner, at the invitation of the           HB 803 - Simmons, Allen
Speaker pro tempore; Kyle Sumner of Hosford, nephew of House                  Sanford Airport Authority, Seminole County
Sergeant at Arms Earnest W. Sumner, at the invitation of the Speaker pro
tempore; Jacob C. Williams of White Springs at the invitation of Rep.        HB 957 - Brandenburg, Domino & others
Kendrick; and Katelyn Audrey Woods of Holt at the invitation of Rep.          City of West Palm Beach, Palm Beach County
Evers.
                                                                             HB 987 CS - Gibson, H.
House Physicians                                                              Lake County Water Authority District

   The Speaker introduced Dr. Charles Smallwood and Dr. Kristen              HB 999 CS - Stansel
Smallwood of Cocoa Beach, who served in the clinic today at the               Lake Shore Hospital Authority, Columbia County
invitation of Rep. Allen.
                                                                             HB 1047 CS - Sobel
Correction of the Journal                                                     Broward County

   The Journal of April 21 was corrected and approved as corrected.          HB 1077 - Allen
                                                                              Canaveral Port District, Brevard County
Reports of Councils and Standing Committees                                  HB 1079 CS - Allen
                                                                              Merritt Island Public Library District, Brevard County
Reports of the Rules & Calendar Council
                                                                             HB 1153 - Legg
The Honorable Allan G. Bense                             April 20, 2005       Pasco County Mosquito Control District, Pasco County
Speaker, House of Representatives
                                                                             HB 1183 CS - Quinones
Dear Mr. Speaker:
                                                                              Orange County Civic Facilities Authority
Your Rules & Calendar Council herewith submits the Special Order for
                                                                             HB 1203 CS - Vana
Friday, April 22, 2005. Consideration of the House bills on Special
                                                                              Acme Improvement District, Palm Beach County
Orders shall include the Senate Companion measures on the House
Calendar.
                                                                             HB 1321 CS - Brown
 I. Consideration of the following bills:                                     Dorcas Fire District, Okaloosa County

  HJR 1723 CS - Judiciary Committee, Simmons & others                        HB 1329 CS - Homan, Ambler & others
   Requiring Broader Public Support for Constitutional Amendments or          Tampa Port Authority, Hillsborough County
      Revisions
                                                                             HB 1381 CS - Kottkamp
  HJR 1727 CS - Judiciary Committee, Simmons & others                         Lee County
   Permissible Subject Matter of Constitutional Revisions             or
      Amendments Proposed by Initiative                                      HB 1419 - Poppell
                                                                              Indian River Mosquito Control District, Indian River County
  HJR 1741 CS - Judiciary Committee, Simmons & others
   Extraordinary Vote to Amend Constitution to Increase or Impose            HB 1421 CS - Poppell
      Taxes, Fees, or Significant Fiscal Impact                               Indian River Farms Water Control District, Indian River County

  HB 1567 CS - Reagan, Bowen                                                 HB 1433 CS - Machek
   Elections                                                                  Hobe-St. Lucie Conservancy District, Martin County

  HB 1597 CS - Hasner, Allen & others                                        HB 1677 CS - Evers
   Hydrogen Energy Technology                                                 Avalon Beach-Mulat Fire Protection District, Santa Rosa County

  HB 1835 CS - Governmental Operations Committee, Kottkamp                   HB 1705 CS - Gibson, H.
   Procurement of Contractual Services by an Agency                           Lake County

  HB 1859 CS - Governmental Operations Committee, Kottkamp                 A quorum was present in person, and a majority of those present agreed
   Obsolete or Outdated Agency Plans, Reports, and Programs                to the above Report.

 II. Expedited Local Bill Calendar:                                        Respectfully submitted,
                                                                           J. Dudley Goodlette, Chair
  HB 753 CS - Grimsley                                                     Rules & Calendar Council
   Sebring Airport Authority, Highlands County
                                                                             On motion by Rep. Goodlette, the above report was adopted, as
  HB 801 CS - Davis, D.                                                    amended by motion on April 21, to add HB 569 to the Special Order
   Ponte Vedra Zoning District, St. Johns County                           Calender.
April 22, 2005                          JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                     623


Local Bill Procedure                                                           was withdrawn from the Criminal Justice Committee and remains
                                                                               referred to the Fiscal Council and the State Administration Council; HB
The Honorable Allan G. Bense                              April 20, 2005       179 was withdrawn from the Governmental Operations Committee and
Speaker, Florida House of Representatives                                      remains referred to the Health & Families Council; and HB 1425 was
                                                                               withdrawn from the Spaceport & Technology Committee and placed on
Dear Mr. Speaker,                                                              the Calendar of the House.

The following report is submitted for the purpose of outlining a procedure        On motion by Rep. Negron, by the required two-thirds vote, HB 57
for the Local Bill Calendar.                                                   and HB 1647 were withdrawn from the Education Appropriations
                                                                               Committee and remain referred to the Fiscal Council; HB 605 and HB
     1. Without objection, a single roll call on all bills will be taken at    827 were withdrawn from the Finance & Tax Committee and remain
     the conclusion of the reading of local bills.                             referred to the State Administration Council; and HB 1397 was
                                                                               withdrawn from the Justice Appropriations Committee and remains
     Because a "no" vote would be cast against every bill on the local roll
                                                                               referred to the Justice Council.
     call, anyone wishing to vote against a specific bill or bills should do
     so by filing a Nay Vote - Local bills form with the Clerk. Those
     forms may be obtained at the Clerk's desk.                                Bills and Joint Resolutions on Third Reading
     Local Calendar in these procedures refers to the section of the              On motion by Rep. Brummer, consideration of HB 1471 was
     Special Order Calendar reserved for the expedited consideration of        temporarily postponed.
     local bills. Removal of a specific bill from the Local Calendar
     requires notice by five members received during consideration of             CS for CS for SB 492—A bill to be entitled An act relating to
     the bill. The notice may be presented by a raising of hands or in         recovering, towing, and storage of motor vehicles, vessels, and mobile
     written form delivered to the Chair of the Council on Rules and           homes; amending s. 319.30, F.S.; redefining the term "certificate of
     Calendar.                                                                 destruction," to conform; amending s. 323.001, F.S.; revising certain
                                                                               towing and storage rates; amending s. 713.78, F.S.; removing mobile
            Members should:                                                    homes from the application of a statutory lien for towing and storage;
                                                                               conforming provisions related to recovering, towing, or storing vessels;
            a. Determine the location of their bill on the Local Calendar      providing for attorney's fees; creating s. 713.785, F.S.; authorizing the
            so prompt response may be made when the Speaker inquires           imposition of lien by a mobile home transport company for recovering,
            who is moving the bill.                                            towing, or storing a mobile home; providing definitions; requiring a
                                                                               mobile home transport company to provide notice of recovery, towing, or
            b. Determine whether there may be a bill that they wish to         storage services; providing for the filing of a complaint; providing
            have temporarily postponed.                                        procedures for the sale of an unclaimed mobile home; specifying
                                                                               circumstances under which a mobile home transport company must
     2. The Chair will take up each bill as it appears on the Local
                                                                               obtain a certificate of destruction; providing for fees; authorizing the
     Calendar. Bill numbers will not appear on the board since House
                                                                               department to adopt rules; providing for fees; providing for issuing
     action moves too fast for numbers to be useful.
                                                                               certificates of destruction and revalidation stickers; providing procedures
     3. Without separate motions, each local bill will be read twice by        for disputing a lien and for discharge of a lien; providing for the posting
     caption title and the Chair will announce "Pass the bill on the           and repayment of surety; providing for criminal penalties; amending s.
     motion of (bill sponsor).”                                                715.07, F.S.; defining the term "vessel"; conforming provisions related to
                                                                               towing vessels parked on private property; imposing criminal penalties
     4. Floor amendments to a local bill must be accompanied by a local        for failure to comply with certain laws governing the towing of vehicles
     bill amendment form signed by the delegation chair explaining the         and vessels; providing effective dates.
     necessity for the amendment. Any bill with a properly filed
     amendment accompanied by the aforementioned form offered on the              —was read the third time by title. On passage, the vote was:
     floor will be dropped from the list, and the amendment and the bill
     will return to the Special Order calendar.                                Session Vote Sequence: 210

     5. All local bills are immediately certified to the Senate, without       Speaker Bense in the Chair.
     motion.
                                                                               Yeas—114
     6. Adoption of this procedure shall constitute consent on the part of
     the House to a blanket motion to waive the Rules between each             Adams                   Benson             Cretul            Gannon
     reading of each bill, and for immediate certification.                    Allen                   Berfield           Culp              Garcia
                                                                               Altman                  Bilirakis          Cusack            Gardiner
Sincerely,                                                                     Anderson                Bogdanoff          Davis, D.         Gelber
J. Dudley Goodlette, Chair                                                     Antone                  Bowen              Davis, M.         Gibson, A.
Rules & Calendar Council                                                       Arza                    Brandenburg        Dean              Gibson, H.
  On motion by Rep. Goodlette, the rules were waived and the above             Attkisson               Brown              Detert            Glorioso
Local Bill procedure was adopted.                                              Ausley                  Brummer            Domino            Goldstein
                                                                               Barreiro                Bucher             Evers             Goodlette
                                                                               Baxley                  Bullard            Farkas            Gottlieb
Motions Relating to Council and Committee                                      Bean                    Cannon             Fields            Grant
References                                                                     Bendross-Mindingall     Carroll            Flores            Greenstein
                                                                               Bense                   Clarke             Galvano           Grimsley
   On motion by Rep. Goodlette, by the required two-thirds vote, HB 339
624                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                   April 22, 2005


Harrell                 Legg                Planas         Sansom           Bendross-Mindingall      Fields            Joyner            Vana
Hasner                  Littlefield         Poppell        Seiler           Brandenburg              Gannon            Justice
Hays                    Llorente            Porth          Simmons          Bucher                   Gibson, A.        Proctor
Henriquez               Lopez-Cantera       Proctor        Smith            Cusack                   Jennings          Roberson
Holloway                Machek              Quinones       Sorensen
Homan                   Mahon               Reagan         Stansel          Votes after roll call:
Hukill                  Mayfield            Rice           Stargel            Yeas—Sobel, Zapata
Jennings                McInvale            Richardson     Taylor             Yeas to Nays—Ausley
Johnson                 Meadows             Rivera         Traviesa
Jordan                  Mealor              Robaina        Troutman            So the bill passed, as amended, and was certified to the Senate.
Joyner                  Murzin              Roberson       Vana
Justice                 Needelman           Ross           Waters               HB 645—A bill to be entitled An act relating to the Department of
Kendrick                Negron              Rubio          Williams         Law Enforcement; amending s. 790.065, F.S.; requiring the department to
Kottkamp                Patterson           Russell        Zapata           review other records in addition to criminal history records to evaluate a
Kravitz                 Peterman            Ryan                            potential buyer or transferee of a firearm, including an adjudication of
Kreegel                 Pickens             Sands                           mental defectiveness or a commitment to a mental institution as criteria
                                                                            that prohibit a person from purchasing a firearm; providing definitions;
Nays—None                                                                   requiring the department to maintain an automated database of persons
                                                                            who are prohibited from purchasing a firearm; requiring each clerk of
Votes after roll call:                                                      court to submit certain court records to the department within a certain
  Yeas—Ambler, Sobel                                                        period; requiring the department to delete certain records from the
                                                                            automated database upon the request of an individual meeting specified
   So the bill passed and was certified to the Senate.                      conditions; authorizing the department to disclose collected data to other
                                                                            federal or state agencies with regard to the sale or transfer of a firearm;
   HB 629—A bill to be entitled An act relating to health care              authorizing the department to disclose certain information to the
practitioners; amending 458.303, F.S.; removing a provision on grounds      Department of Agriculture and Consumer Services for determining the
for disciplinary action and certain action from a list of exemptions for    eligibility of an applicant for a concealed weapons or concealed firearms
certain nursing services; providing prohibitions for physicians; amending   license; requiring the clerk of court or mental hospital to provide
s. 459.002, F.S.; providing prohibitions for osteopathic physicians;        additional information upon request following an appeal of an
providing an effective date.                                                unapproved sale or transfer of a firearm; amending s. 914.25, F.S.;
                                                                            providing for recertification for protective services for an additional
   —was read the third time by title. On passage, the vote was:             period, with reimbursement for expenses from the Victim and Witness
                                                                            Protection Review Committee; providing for unlimited protective
Session Vote Sequence: 211                                                  services for a victim or witness without reimbursement; amending s.
                                                                            937.021, F.S.; providing immunity to the department, other law
Speaker Bense in the Chair.                                                 enforcement agencies, and media representatives from civil liability for
                                                                            complying in good faith with a request to record or report information of
Yeas—99                                                                     an Amber Alert or Missing Child Alert; providing that a technical or
                                                                            clerical error or incorrect or incomplete information does not overcome
Adams              Davis, D.           Homan             Poppell            the presumption of good faith in reporting information about an Amber
Allen              Davis, M.           Hukill            Porth              Alert or Missing Child Alert; providing that it is a discretionary decision
Altman             Dean                Johnson           Quinones           of the law enforcement agency or its employees to report, record, or
Anderson           Detert              Jordan            Reagan             display Amber Alert or Missing Child Alert information; amending s.
Antone             Domino              Kendrick          Rice               938.07, F.S.; requiring that a portion of certain court costs imposed for a
Arza               Evers               Kottkamp          Richardson         conviction of driving or boating under the influence be deposited into the
Attkisson          Farkas              Kravitz           Rivera             department's Operating Trust Fund instead of the Criminal Justice
Ausley             Flores              Kreegel           Robaina            Standards and Training Trust Fund; amending s. 938.27, F.S.; requiring
Barreiro           Galvano             Legg              Ross               that investigative costs recovered on behalf of the department be
Baxley             Garcia              Littlefield       Rubio              deposited into the Forfeiture and Investigative Trust Fund of the
Bean               Gardiner            Llorente          Russell            department; amending s. 943.052, F.S.; requiring that disposition reports
Bense              Gelber              Lopez-Cantera     Ryan               for dispositions relating to minor offenders are mandatory after a
Benson             Gibson, H.          Machek            Sands              specified date; amending s. 68.07, F.S.; requiring a set of fingerprints as
Berfield           Glorioso            Mahon             Sansom             part of a name change petition; amending s. 943.05, F.S.; authorizing the
Bilirakis          Goldstein           Mayfield          Seiler             department to retain fingerprints in certain circumstances and use retained
Bogdanoff          Goodlette           McInvale          Simmons            fingerprints for certain purposes; providing for an annual fee; amending s.
Bowen              Gottlieb            Meadows           Smith              943.053, F.S.; requiring the department to make certain information
Brown              Grant               Mealor            Stansel            available to judges; limiting use of information; authorizing a criminal
Brummer            Greenstein          Murzin            Stargel            justice agency to obtain a criminal history background check of a
Bullard            Grimsley            Needelman         Taylor             noncertified agency employee by submitting fingerprints to the
Cannon             Harrell             Negron            Traviesa           department; requiring the department to adopt rules setting a fee for
Carroll            Hasner              Patterson         Troutman           conducting the criminal history background search and establishing
Clarke             Hays                Peterman          Waters             procedures; requiring that the criminal history check be provided by the
Cretul             Henriquez           Pickens           Williams           department in certain circumstances; amending s. 943.0585, F.S.;
Culp               Holloway            Planas                               prohibiting a court from expunging a criminal history record containing
                                                                            certain sexual offenses or certain offenses that require registration as a
Nays—13                                                                     sexual offender; requiring a valid certificate of eligibility for expunction
April 22, 2005                            JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                      625


in a petition to expunge a criminal history record; specifying the time          Detert           Harrell                  Machek            Rivera
during which a certificate of eligibility for expunction is valid; requiring     Domino           Hasner                   Mahon             Robaina
that a trial may not have occurred in order for a person to obtain a             Evers            Hays                     Mayfield          Roberson
statement from the state attorney authorizing the expunction of a criminal       Farkas           Henriquez                McInvale          Ross
record; authorizing a person who has secured a prior sealing or                  Fields           Holloway                 Meadows           Rubio
expunction of a criminal history record to seek a certificate of eligibility     Flores           Hukill                   Mealor            Russell
for expunction if the criminal history record was previously sealed for a        Galvano          Jennings                 Murzin            Ryan
certain number of years and is otherwise eligible for expunction;                Gannon           Johnson                  Needelman         Sands
providing that a person who is seeking authorization for employment              Garcia           Jordan                   Negron            Sansom
within or access to a seaport may not deny or fail to acknowledge arrests        Gardiner         Joyner                   Patterson         Seiler
covered by expunged records; providing that the department may                   Gelber           Justice                  Peterman          Simmons
acknowledge expunged criminal history records under certain                      Gibson, A.       Kendrick                 Pickens           Smith
circumstances; amending s. 943.059, F.S.; enumerating certain sexual             Gibson, H.       Kottkamp                 Planas            Stansel
offenses and offenses that require registration as a sexual offender which       Glorioso         Kravitz                  Poppell           Stargel
may not be sealed; requiring a valid certificate of eligibility for sealing in   Goldstein        Kreegel                  Porth             Taylor
a petition to seal a criminal history record; specifying the period during       Goodlette        Kyle                     Proctor           Traviesa
which a certificate of eligibility for sealing is valid; providing that the      Gottlieb         Legg                     Quinones          Troutman
information contained in a sealed criminal record is available to a              Grant            Littlefield              Reagan            Vana
criminal justice agency for the purpose of conducting a criminal history         Greenstein       Llorente                 Rice              Waters
background check for approval of a firearms purchase or transfer;                Grimsley         Lopez-Cantera            Richardson        Williams
prohibiting a person from denying arrests covered by his or her sealed
criminal record when attempting to purchase a firearm; providing that a          Nays—None
person who is seeking authorization for employment within or access to a
seaport may not deny or fail to acknowledge arrests covered by sealed            Votes after roll call:
records; providing that the department may acknowledge sealed criminal             Yeas—Ambler, Homan, Sobel, Zapata
history records under certain circumstances; amending s. 943.13, F.S.;
requiring the department to enter fingerprints into a statewide automated           So the bill passed, as amended, and was certified to the Senate.
fingerprint identification system; requiring the department to search each
arrest fingerprint card received against fingerprints retained in the               HB 1019—A bill to be entitled An act relating to asbestos and silica
statewide automated fingerprint identification system; providing for             claims; providing a popular name; providing legislative findings;
refingerprinting by a certain date; amending ss. 943.1715 and 943.1716,          providing purposes; providing definitions; requiring physical impairment
F.S.; deleting the minimum number of hours required for basic skills             as an essential element of a claim; providing criteria for prima facie
training and continued employment training relating to diverse                   evidence of physical impairment for claims and certain actions; providing
populations for law enforcement officers; repealing s. 943.2569, F.S.,           an exception; providing additional requirements for evidence relating to
relating to an annual financial audit of criminal justice selection centers;     physical impairment; specifying absence of certain presumptions at trial;
amending s. 943.257, F.S.; authorizing the Criminal Justice Standards            providing procedures for claims and certain actions; providing for
and Training Commission and the advisory board of a criminal justice             consolidation; providing for venue; providing for preliminary
selection center to inspect and copy any documents from a center in order        proceedings; requiring new asbestos and silica claims to include certain
to carry out oversight responsibilities, including documents pertaining to       information; specifying certain limitation periods for certain claims;
any internal or independent audits; amending s. 943.401, F.S.; requiring         specifying distinct causes of action for certain conditions; limiting
the department to investigate all public assistance that is provided by the      damages under certain circumstances; prohibiting a general release from
state; requiring public assistance recipients to consent in writing to an        liability; prohibiting award of punitive damages; providing for collateral
investigation into their employment and financial histories by the Agency        source payments; specifying liability rules applicable to certain persons;
for Workforce Innovation; requiring the department to report the results         providing construction; providing legislative intent; providing
of the investigations to the Agency for Workforce Innovation; authorizing        severability; providing application to certain civil actions; providing an
the department to purchase goodwill and promotional materials; limiting          effective date.
the annual amount of such expenditures; prohibiting the unauthorized use
of the department's emblems and names; providing a penalty; providing               —was read the third time by title. On passage, the vote was:
effective dates.
                                                                                 Session Vote Sequence: 213
   —was read the third time by title. On passage, the vote was:
                                                                                 Speaker Bense in the Chair.
Session Vote Sequence: 212
                                                                                 Yeas—90
Speaker Bense in the Chair.
                                                                                 Adams              Benson              Cretul             Galvano
Yeas—112                                                                         Allen              Berfield            Culp               Garcia
                                                                                 Altman             Bilirakis           Davis, D.          Gardiner
Adams             Barreiro                  Bogdanoff          Carroll           Anderson           Bogdanoff           Davis, M.          Gibson, H.
Allen             Baxley                    Bowen              Clarke            Antone             Bowen               Dean               Glorioso
Altman            Bean                      Brandenburg        Cretul            Arza               Brown               Detert             Goldstein
Anderson          Bendross-Mindingall       Brown              Culp              Attkisson          Brummer             Domino             Goodlette
Antone            Bense                     Brummer            Cusack            Barreiro           Bullard             Evers              Grant
Arza              Benson                    Bucher             Davis, D.         Baxley             Cannon              Farkas             Grimsley
Attkisson         Berfield                  Bullard            Davis, M.         Bean               Carroll             Fields             Harrell
Ausley            Bilirakis                 Cannon             Dean              Bense              Clarke              Flores             Hasner
626                                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 22, 2005


Hays                Littlefield          Pickens              Russell              Harrell                  Kyle               Pickens          Ryan
Henriquez           Llorente             Planas               Sansom               Hasner                   Legg               Planas           Sands
Holloway            Lopez-Cantera        Poppell              Simmons              Hays                     Littlefield        Poppell          Sansom
Homan               Mayfield             Proctor              Smith                Henriquez                Llorente           Porth            Seiler
Hukill              McInvale             Quinones             Stansel              Holloway                 Lopez-Cantera      Proctor          Simmons
Jennings            Meadows              Reagan               Stargel              Homan                    Machek             Quinones         Smith
Johnson             Mealor               Rice                 Traviesa             Hukill                   Mahon              Reagan           Sorensen
Jordan              Murzin               Richardson           Troutman             Jennings                 Mayfield           Rice             Stansel
Kottkamp            Needelman            Rivera               Waters               Johnson                  McInvale           Richardson       Stargel
Kreegel             Negron               Robaina              Williams             Jordan                   Meadows            Rivera           Taylor
Kyle                Patterson            Ross                                      Justice                  Mealor             Robaina          Traviesa
Legg                Peterman             Rubio                                     Kendrick                 Needelman          Roberson         Troutman
                                                                                   Kottkamp                 Negron             Ross             Vana
Nays—22                                                                            Kravitz                  Patterson          Rubio            Waters
                                                                                   Kreegel                  Peterman           Russell          Williams
Ausley                    Gelber             Kendrick           Sands
Bendross-Mindingall       Gibson, A.         Machek             Seiler             Nays—1
Brandenburg               Gottlieb           Mahon              Taylor
Bucher                    Greenstein         Porth              Vana               Joyner
Cusack                    Joyner             Roberson
Gannon                    Justice            Ryan                                  Votes after roll call:
                                                                                     Yeas—Ambler, Murzin, Zapata
Votes after roll call:
  Yeas—Ambler, Kravitz, Zapata                                                        So the bill passed, as amended, and was certified to the Senate.
  Nays—Sobel
  Nays to Yeas—Greenstein                                                              HB 1931—A bill to be entitled An act relating to negligence; creating
                                                                                   s. 768.0755, F.S.; providing that a person seeking damages for a slip and
   So the bill passed, as amended, and was certified to the Senate.                fall on a transitory foreign substance in a commercial establishment must
                                                                                   prove that the commercial establishment had actual knowledge of the
    HB 135—A bill to be entitled An act relating to liability of providers         condition or constructive knowledge of the condition; defining
of streetlights; creating s. 768.1382, F.S.; providing definitions; including      "constructive knowledge"; providing that constructive knowledge may be
certain security or area lights within the definition of the term                  proven by circumstantial evidence; amending s. 768.81, F.S.; redefining
"streetlight"; limiting liability of a streetlight provider for injury or death    the term "negligence cases" as it relates to comparative fault to include
or property damage affected or caused by a malfunctioning streetlight;             claims for negligent security in which the defendant is sued for failing to
providing procedures for notice and repair of malfunctioning streetlights          prevent the commission of an intentional tort; providing that the
as a condition for limited liability; providing that noncompliance with            apportionment of damages does not apply to any action in which an
such procedures does not create a presumption of negligence; limiting              intentional tortfeasor is sued and seeks to apportion fault to a negligent
liability of a public utility or electric utility that discontinues service to a   tortfeasor; repealing s. 768.0710, F.S., relating to the duty to maintain
streetlight under certain circumstances; limiting liability of a public utility    premises in a reasonably safe condition for the safety of business invitees;
or electric utility for the design, layout, quantity, or placement of              reenacting s. 25.077, F.S., relating to the duty of the clerk of court to
streetlights or level of illumination resulting from the proper operation of       report certain information concerning negligence cases, to incorporate the
a streetlight or series of streetlights; prohibiting certain findings of fault     amendment made to s. 768.81, F.S., in a reference thereto; providing an
of an entity not a party to litigation; providing for conflict, effect, and        effective date.
application; providing an effective date.
                                                                                      —was read the third time by title. On passage, the vote was:
   —was read the third time by title. On passage, the vote was:
                                                                                   Session Vote Sequence: 215
Session Vote Sequence: 214
                                                                                   Speaker Bense in the Chair.
Speaker Bense in the Chair.
                                                                                   Yeas—88
Yeas—112
                                                                                   Adams              Bogdanoff           Evers               Hasner
Adams                     Benson              Cretul             Gannon            Allen              Bowen               Farkas              Hays
Allen                     Berfield            Culp               Garcia            Altman             Brown               Fields              Homan
Altman                    Bilirakis           Cusack             Gardiner          Ambler             Brummer             Flores              Hukill
Anderson                  Bogdanoff           Davis, D.          Gelber            Anderson           Cannon              Galvano             Johnson
Antone                    Bowen               Davis, M.          Gibson, A.        Arza               Carroll             Garcia              Jordan
Arza                      Brandenburg         Dean               Gibson, H.        Attkisson          Clarke              Gardiner            Kendrick
Attkisson                 Brown               Detert             Glorioso          Barreiro           Cretul              Gibson, H.          Kottkamp
Ausley                    Brummer             Domino             Goldstein         Baxley             Culp                Glorioso            Kreegel
Barreiro                  Bucher              Evers              Goodlette         Bean               Davis, D.           Goldstein           Kyle
Baxley                    Bullard             Farkas             Gottlieb          Bense              Davis, M.           Goodlette           Legg
Bean                      Cannon              Fields             Grant             Benson             Dean                Grant               Littlefield
Bendross-Mindingall       Carroll             Flores             Greenstein        Berfield           Detert              Grimsley            Llorente
Bense                     Clarke              Galvano            Grimsley          Bilirakis          Domino              Harrell             Lopez-Cantera
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       627


Machek              Patterson           Rivera              Sorensen            except that the 48-hour limitation may be extended at the request of the
Mahon               Pickens             Robaina             Stansel             minor. If the court fails to rule within the 48-hour period and an extension
Mayfield            Planas              Ross                Stargel             has not been requested, the petition is granted, and the notice requirement
McInvale            Poppell             Rubio               Traviesa            is waived.
Meadows             Proctor             Russell             Troutman                (c) If the court finds, by clear and convincing evidence, that the minor
Mealor              Quinones            Sands               Waters              is sufficiently mature to decide whether to terminate her pregnancy, the
Murzin              Reagan              Sansom              Williams            court shall issue an order authorizing the minor to consent to the
Needelman           Rice                Simmons             Zapata              performance or inducement of a termination of pregnancy without the
                                                                                notification of a parent or guardian. If the court does not make the finding
Nays—26                                                                         specified in this paragraph or paragraph (d), it must dismiss the petition.
                                                                                    (d) If the court finds, by clear and convincing evidence, that there is
Antone                   Gannon             Jennings          Ryan              evidence of child abuse or sexual abuse of the petitioner by one or both of
Ausley                   Gelber             Joyner            Seiler            her parents or her guardian or that the notification of a parent or guardian
Bendross-Mindingall      Gibson, A.         Justice           Smith             is not in the best interest of the petitioner, the court shall issue an order
Brandenburg              Gottlieb           Peterman          Taylor            authorizing the minor to consent to the performance or inducement of a
Bucher                   Greenstein         Porth             Vana              termination of pregnancy without the notification of a parent or guardian.
Bullard                  Henriquez          Richardson                          If the court finds evidence of child abuse or sexual abuse of the minor
Cusack                   Holloway           Roberson                            petitioner by any person, the court shall report the evidence of child abuse
                                                                                or sexual abuse of the petitioner to the appropriate agency or law
Votes after roll call:                                                          enforcement agency. If the court does not make the finding specified in
  Yeas—Negron                                                                   this paragraph or paragraph (c), it must dismiss the petition.
  Nays—Sobel                                                                        (e) A court that conducts proceedings under this section shall provide
  Yeas to Nays—Ambler                                                           for a written transcript of all testimony and proceedings, issue written and
                                                                                specific factual findings and legal conclusions supporting its decision,
   So the bill passed, as amended, and was certified to the Senate.             and order that a confidential record of the evidence and the judge's
                                                                                findings and conclusions be maintained. At the hearing, the court shall
    HB 1659—A bill to be entitled A bill to be entitled An act relating to      hear evidence relating to the emotional development, maturity, intellect,
parental notification of termination of a minor's pregnancy; amending s.        and understanding of the minor and all other relevant evidence.
390.01115, F.S.; providing a popular name; providing definitions;                   (f) An expedited confidential appeal shall be available, as the
providing that actual notice shall be given by the physician who will           Supreme Court provides by rule, to any minor to whom the circuit court
perform the termination of pregnancy procedure; providing for written           denies a waiver of notice. An order authorizing a termination of
notice in certain circumstances; specifying information required to be          pregnancy without notice is not subject to appeal.
included in notices; providing circumstances in which prior notice is not           (g) No filing fees or court costs shall be required of any pregnant
required; providing that violation of the notice requirements by                minor who petitions a court for a waiver of parental notification under
physicians shall be considered medical malpractice; providing procedures        this subsection at either the trial or the appellate level.
for judicial waiver of notice; providing circumstances under which                  (h) No county shall be obligated to pay the salaries, costs, or expenses
certain circuit courts may grant a petition for a judicial waiver of notice;    of any counsel appointed by the court under this subsection.
providing for the appointment of a guardian ad litem and counsel;                   (5) PROCEEDINGS.--The Supreme Court is requested to adopt rules
providing time requirements for court proceedings; requiring written            and forms for petitions to ensure that proceedings under subsection (4)
transcripts of certain proceedings; providing for confidentiality; providing    are handled expeditiously and in a manner that will satisfy the
for the availability of an appeal under certain circumstances; waiving          requirements of state and federal courts. The Supreme Court is also
filing fees and court costs for certain minors; relieving counties of certain   requested to adopt rules to ensure that the hearings protect the minor's
counsel costs; requiring the Supreme Court to ensure certain proceedings        confidentiality and the confidentiality of the proceedings.
are conducted expeditiously and lawfully; providing an effective date.
                                                                                    (6) REPORT.--The Supreme Court, through the Office of the State
                                                                                Courts Administrator, shall report by February 1 of each year to the
   —was read the third time by title.
                                                                                Governor, the President of the Senate, and the Speaker of the House of
                                                                                Representatives on the number of petitions filed under subsection (4) for
   Representative(s) Gannon offered the following:                              the preceding year and the timing and manner of disposal of such
                                                                                petitions by each circuit court.
(Amendment Bar Code: 904929)
                                                                                   Remove line(s) 12-23 and insert:
   Amendment 1 (with directory and title amendments)—Remove
line(s) 131-198 and insert:                                                     malpractice; prescribing a procedure for judicial waiver of notice;
   (4) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--                               providing for notice of right to counsel; providing for issuance of a court
   (a) A minor may petition any circuit court for a waiver of the notice        order authorizing consent to a termination of pregnancy without
requirements of subsection (3) and may participate in proceedings on her        notification; providing for dismissal of petitions; requiring the issuance of
own behalf. The petition may be filed under a pseudonym. The court              written findings of fact and legal conclusions; providing for expedited
shall maintain the petition and any supporting documentation under seal.        appeal; providing for waiver of filing fees and court costs; precluding
The petition must include a statement that the petitioner is pregnant, and      assumption of certain expenses by counties; requesting the Supreme
notice has not been waived. The court shall advise the minor that she has       Court to adopt rules; requiring the Supreme Court to report annually to
a right to court-appointed counsel and shall provide her with counsel           the Governor and the Legislature; providing an effective date.
upon her request at no cost to the minor.
   (b) Court proceedings under this subsection must be given precedence            Rep. Gannon moved the adoption of the amendment, which failed to
over other pending matters to the extent necessary to ensure that the court     receive the required two-thirds vote for adoption.
reaches a prompt decision. The court shall rule, and issue written findings
of fact and conclusions of law, within 48 hours after the petition is filed,       Representative(s) Seiler offered the following:
628                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 22, 2005


(Amendment Bar Code: 241545)                                                    of the minor. If the court fails to rule within the 48-hour period and an
                                                                                extension has not been requested, the petition is granted, and the notice
    Amendment 2 (with title amendment)—Remove everything after                  requirement is waived.
the enacting clause and insert:                                                     (c) If the court finds, by clear and convincing evidence, that the minor
    Section 1. Section 390.01115, Florida Statutes, is repealed.                is sufficiently mature to decide whether to terminate her pregnancy, the
    Section 2. Section 390.01114, Florida Statutes, is created to read:         court shall issue an order authorizing the minor to consent to the
    390.01114 Parental Notice of Abortion Act.--                                performance or inducement of a termination of pregnancy without the
    (1) SHORT TITLE.--This section may be cited as the "Parental                notification of a parent or guardian. If the court does not make the finding
Notice of Abortion Act."                                                        specified in this paragraph or paragraph (d), it must dismiss the petition.
    (2) DEFINITIONS.--As used in this section, the term:                            (d) If the court finds, by clear and convincing evidence, that there is
    (a) "Actual notice" means notice that is given directly, in person, or      evidence of child abuse or sexual abuse of the petitioner by one or both of
by telephone.                                                                   her parents or her guardian, or that the notification of a parent or guardian
    (b) "Child abuse" has the meaning ascribed in s. 39.0015(3).                is not in the best interest of the petitioner, the court shall issue an order
    (c) "Constructive notice" means notice that is given by certified mail      authorizing the minor to consent to the performance or inducement of a
to the last known address of the parent or legal guardian of a minor, with      termination of pregnancy without the notification of a parent or guardian.
delivery deemed to have occurred 48 hours after the certified notice is         If the court finds evidence of child abuse or sexual abuse of the minor
mailed.                                                                         petitioner by any person, the court shall report the evidence of child abuse
    (d) "Medical emergency" means a condition that, on the basis of a           or sexual abuse of the petitioner, as provided in s. 39.201. If the court
physician's good faith clinical judgment, so complicates the medical            does not make the finding specified in this paragraph or paragraph (c), it
condition of a pregnant woman as to necessitate the immediate                   must dismiss the petition.
termination of her pregnancy to avert her death, or for which a delay in            (e) A court that conducts proceedings under this section shall provide
the termination of her pregnancy will create serious risk of substantial        for a written transcript of all testimony and proceedings and issue written
and irreversible impairment of a major bodily function.                         and specific factual findings and legal conclusions supporting its decision
    (e) "Sexual abuse" has the meaning ascribed in s. 39.01.                    and shall order that a confidential record be maintained, as required under
    (f) "Minor" means a person under the age of 18 years.                       s. 390.01116. At the hearing, the court shall hear evidence relating to the
    (3) NOTIFICATION REQUIRED.--                                                emotional development, maturity, intellect, and understanding of the
    (a) A termination of pregnancy may not be performed or induced              minor, and all other relevant evidence. All hearings under this section,
upon a minor unless the physician performing or inducing the termination        including appeals, shall remain confidential and closed to the public, as
of pregnancy has given at least 48 hours' actual notice to one parent or to     provided by court rule.
the legal guardian of the pregnant minor of his or her intention to perform         (f) An expedited appeal shall be available, as the Supreme Court
or induce the termination of pregnancy. The notice may be given by a            provides by rule, to any minor to whom the circuit court denies a waiver
referring physician. The physician who performs the termination of              of notice. An order authorizing a termination of pregnancy without notice
pregnancy must receive the written statement of the referring physician         is not subject to appeal.
certifying that the referring physician has given notice. If actual notice is       (g) No filing fees or court costs shall be required of any pregnant
not possible after a reasonable effort has been made, the physician             minor who petitions a court for a waiver of parental notification under
performing or inducing the termination of pregnancy or the referring            this subsection at either the trial or the appellate level.
physician must give 48 hours' constructive notice.                                  (h) No county shall be obligated to pay the salaries, costs, or expenses
    (b) Notice is not required if:                                              of any counsel appointed by the court under this subsection.
    1. In the physician's good-faith clinical judgment, a medical                   (5) PROCEEDINGS.--The Supreme Court is requested to adopt rules
emergency exists and there is insufficient time for the attending physician     and forms for petitions to ensure that proceedings under subsection (4)
to comply with the notification requirements. If a medical emergency            are handled expeditiously and in a manner that will satisfy the
exists, the physician may proceed but must document reasons for the             requirements of state and federal courts. The Supreme Court is also
medical necessity in the patient's medical records;                             requested to adopt rules to ensure that the hearings protect the minor's
    2. Notice is waived in writing by the person who is entitled to notice;     confidentiality and the confidentiality of the proceedings.
    3. Notice is waived by the minor who is or has been married or has              (6) REPORT.--The Supreme Court, through the Office of the State
had the disability of nonage removed under s. 743.015 or a similar statute      Courts Administrator, shall report by February 1 of each year to the
of another state;                                                               Governor, the President of the Senate, and the Speaker of the House of
    4. Notice is waived by the patient because the patient has a minor          Representatives on the number of petitions filed under subsection (4) for
child dependent on her; or                                                      the preceding year, and the timing and manner of disposal of such
    5. Notice is waived under subsection (4).                                   petitions by each circuit court.
    (c) Violation of this subsection by a physician constitutes grounds for         Section 3. This act shall take effect July 1, 2005.
disciplinary action under s. 458.331 or s. 459.015.
    (4) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--                                 Remove the entire title and insert:
    (a) A minor may petition any circuit court for a waiver of the notice                                    A bill to be entitled
requirements of subsection (3) and may participate in proceedings on her        An act relating to the termination of pregnancies; repealing s. 390.01115,
own behalf. The petition may be filed under a pseudonym or through the          F.S., relating to the Parental Notice of Abortion Act; creating s.
use of initials, as provided by court rule. The petition must include a         390.01114, F.S.; creating the Parental Notice of Abortion Act; providing
statement that the petitioner is pregnant and notice has not been waived.       a short title; defining terms; prohibiting the performing or inducement of
The court shall advise the minor that she has a right to court-appointed        a termination of pregnancy upon a minor without specified notice;
counsel and shall provide her with counsel upon her request at no cost to       providing disciplinary action for violation; prescribing notice
the minor.                                                                      requirements; providing exceptions; prescribing a procedure for judicial
    (b) Court proceedings under this subsection must be given precedence        waiver of notice; providing for notice of right to counsel; providing for
over other pending matters to the extent necessary to ensure that the court     issuance of a court order authorizing consent to a termination of
reaches a decision promptly. The court shall rule, and issue written            pregnancy without notification; providing for dismissal of petitions;
findings of fact and conclusions of law, within 48 hours after the petition     requiring the issuance of written findings of fact and legal conclusions;
is filed, except that the 48-hour limitation may be extended at the request     providing for confidential and closed hearings; providing for expedited
April 22, 2005                        JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                   629


appeal; providing for waiver of filing fees and court costs; precluding   Domino             Homan               McInvale           Robaina
assumption of certain expenses by counties; requesting the Supreme        Evers              Hukill              Mealor             Roberson
Court to adopt rules; requiring the Supreme Court to report annually to   Farkas             Johnson             Murzin             Ross
the Governor and the Legislature; providing an effective date.            Flores             Jordan              Needelman          Rubio
                                                                          Galvano            Kendrick            Negron             Russell
   Rep. Seiler moved the adoption of the amendment, which failed to       Garcia             Kottkamp            Patterson          Sansom
receive the required two-thirds vote for adoption. The vote was:          Gardiner           Kravitz             Peterman           Simmons
                                                                          Gibson, H.         Kreegel             Pickens            Sorensen
Session Vote Sequence: 216                                                Glorioso           Kyle                Planas             Stansel
                                                                          Goldstein          Legg                Poppell            Stargel
Speaker Bense in the Chair.                                               Goodlette          Littlefield         Proctor            Traviesa
                                                                          Grant              Llorente            Quinones           Troutman
Yeas—31                                                                   Grimsley           Lopez-Cantera       Reagan             Vana
                                                                          Harrell            Machek              Rice               Waters
Ausley                 Gelber           Justice          Roberson         Hasner             Mahon               Richardson         Williams
Bendross-Mindingall    Gibson, A.       Kendrick         Ryan             Hays               Mayfield            Rivera             Zapata
Brandenburg            Gottlieb         Machek           Sands
Bucher                 Greenstein       McInvale         Seiler           Nays—21
Bullard                Henriquez        Meadows          Smith
Cusack                 Holloway         Peterman         Taylor           Bendross-Mindingall     Gelber             Jennings         Seiler
Fields                 Jennings         Porth            Vana             Brandenburg             Gibson, A.         Joyner           Smith
Gannon                 Joyner           Richardson                        Bucher                  Gottlieb           Justice          Taylor
                                                                          Bullard                 Greenstein         Porth
Nays—82                                                                   Fields                  Henriquez          Ryan
                                                                          Gannon                  Holloway           Sands
Adams             Culp               Homan             Poppell
                                                                          Votes after roll call:
Allen             Davis, D.          Hukill            Proctor
                                                                            Yeas—Ambler, Antone
Altman            Davis, M.          Johnson           Quinones
                                                                            Nays—Sobel
Anderson          Dean               Jordan            Reagan
                                                                            Yeas to Nays—Ausley
Arza              Detert             Kottkamp          Rice
                                                                            Nays to Yeas—Bullard, Fields, Holloway
Attkisson         Domino             Kravitz           Rivera
Barreiro          Evers              Kreegel           Robaina               So the bill passed, as amended, and was certified to the Senate.
Baxley            Farkas             Kyle              Ross
Bean              Flores             Legg              Rubio                 CS for SB 940—A bill to be entitled An act relating to repeated
Bense             Galvano            Littlefield       Russell            medical malpractice; amending s. 456.041, F.S.; requiring the
Benson            Garcia             Llorente          Sansom             Department of Health to verify information submitted by a person who
Berfield          Gardiner           Lopez-Cantera     Simmons            applies for initial licensure, or renewal of licensure, as a physician;
Bilirakis         Gibson, H.         Mahon             Sorensen           creating s. 456.50, F.S.; defining terms; prescribing acts that constitute
Bogdanoff         Glorioso           Mayfield          Stansel            repeated medical malpractice; providing for review of acts and
Bowen             Goldstein          Mealor            Stargel            determination by the Board of Medicine and the Board of Osteopathic
Brown             Goodlette          Murzin            Traviesa           Medicine; authorizing the Board of Medicine and the Board of
Brummer           Grant              Needelman         Troutman           Osteopathic Medicine to require licensees and applicants for licensure to
Cannon            Grimsley           Negron            Williams           provide a copy of the record of the trial of any medical malpractice
Carroll           Harrell            Patterson         Zapata             judgment involving an incident occurring on or after a specified date;
Clarke            Hasner             Pickens                              extending the 90-day requirement for granting or denying a complete
Cretul            Hays               Planas                               allopathic or osteopathic licensure application to 180 days; amending s.
                                                                          458.331, F.S.; redefining acts of medical malpractice, gross medical
Votes after roll call:                                                    malpractice, or repeated medical malpractice which constitute grounds
  Yeas—Antone, Sobel, Waters                                              for disciplinary action against a physician; amending s. 459.015, F.S.;
  Nays to Yeas—Hasner                                                     redefining acts of medical malpractice, gross medical malpractice, or
                                                                          repeated medical malpractice which constitute grounds for disciplinary
   The question recurred on the passage of HB 1659. The vote was:         action against an osteopathic physician; providing an effective date.

Session Vote Sequence: 217                                                   —was read the third time by title. On passage, the vote was:

Speaker Bense in the Chair.                                               Session Vote Sequence: 218

Yeas—92                                                                   Speaker Bense in the Chair.

                                                                          Yeas—113
Adams             Barreiro           Bogdanoff         Cretul
Allen             Baxley             Bowen             Culp               Adams            Ausley                   Benson             Brown
Altman            Bean               Brown             Cusack             Allen            Barreiro                 Berfield           Brummer
Anderson          Bense              Brummer           Davis, D.          Altman           Baxley                   Bilirakis          Bucher
Arza              Benson             Cannon            Davis, M.          Anderson         Bean                     Bogdanoff          Bullard
Attkisson         Berfield           Carroll           Dean               Arza             Bendross-Mindingall      Bowen              Cannon
Ausley            Bilirakis          Clarke            Detert             Attkisson        Bense                    Brandenburg        Carroll
630                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 22, 2005


Clarke           Gottlieb                 Lopez-Cantera      Roberson          Kyle                     Needelman         Richardson        Sorensen
Cretul           Grant                    Machek             Ross              Legg                     Negron            Rivera            Stansel
Culp             Greenstein               Mahon              Rubio             Littlefield              Patterson         Robaina           Stargel
Cusack           Grimsley                 Mayfield           Russell           Llorente                 Peterman          Roberson          Taylor
Davis, D.        Harrell                  McInvale           Ryan              Lopez-Cantera            Pickens           Ross              Traviesa
Davis, M.        Hasner                   Meadows            Sands             Machek                   Planas            Rubio             Troutman
Dean             Hays                     Mealor             Sansom            Mahon                    Poppell           Russell           Vana
Detert           Henriquez                Murzin             Seiler            Mayfield                 Porth             Ryan              Waters
Domino           Holloway                 Needelman          Simmons           McInvale                 Proctor           Sands             Williams
Evers            Homan                    Negron             Smith             Meadows                  Quinones          Sansom            Zapata
Farkas           Hukill                   Patterson          Sorensen          Mealor                   Reagan            Seiler
Fields           Jennings                 Peterman           Stansel           Murzin                   Rice              Simmons
Flores           Johnson                  Pickens            Stargel
Galvano          Jordan                   Planas             Taylor            Nays—3
Gannon           Joyner                   Poppell            Traviesa
Garcia           Kendrick                 Porth              Troutman          Bucher             Gottlieb            Joyner
Gardiner         Kottkamp                 Proctor            Vana
Gelber           Kravitz                  Quinones           Waters
                                                                               Votes after roll call:
Gibson, A.       Kreegel                  Reagan             Williams
                                                                                 Yeas—Ambler, Greenstein, Sobel
Gibson, H.       Kyle                     Rice               Zapata
Glorioso         Legg                     Richardson
Goldstein        Littlefield              Rivera                                  So the bill passed and was certified to the Senate.
Goodlette        Llorente                 Robaina
                                                                                   HB 1709—A bill to be entitled An act relating to the state minimum
Nays—None                                                                      wage; amending s. 95.11, F.S.; providing periods of limitations on actions
                                                                               for violations of the Florida Minimum Wage Act; creating s. 448.110,
Votes after roll call:                                                         F.S., the Florida Minimum Wage Act; providing legislative intent to
  Yeas—Ambler, Antone, Sobel                                                   implement s. 24, Art. X of the State Constitution in accordance with
                                                                               authority granted to the Legislature therein; requiring employers to pay
   So the bill passed and was certified to the Senate.                         certain employees a minimum wage for all hours worked in Florida;
                                                                               incorporating provisions of the federal Fair Labor Standards Act;
   CS for SB 938—A bill to be entitled An act relating to adverse              requiring the minimum wage to be adjusted annually; providing a
medical incidents; creating s. 381.028, F.S.; providing a short title;         formula for calculating such adjustment; requiring the Agency for
providing a purpose; defining terms; specifying patients' right of access to   Workforce Innovation and the Department of Revenue to annually
records relating to an adverse medical incident; prohibiting the disclosure    publish the amount of the initial and adjusted minimum wage; providing
of the identity of certain patients; providing for maintaining privacy         criteria for posting; requiring the agency to provide written notice to
restrictions imposed by federal law; providing for the applicability of s.     certain employers; providing a deadline for the notice to be mailed;
25, Art. X of the State Constitution; providing for applicability of this      providing that employers are responsible for maintaining their current
section; providing restrictions upon the use of the records; providing for     addresses with the agency; requiring the agency to provide the
the identification and production of the records; providing for fees           department with certain information; prohibiting discrimination or
charged for copies of records; providing an effective date.                    adverse action against persons exercising constitutional rights under s. 24,
                                                                               Art. X of the State Constitution; providing for civil action by aggrieved
   —was read the third time by title. On passage, the vote was:                persons; requiring aggrieved persons bringing civil actions to provide
                                                                               written notice to their employers alleged to have violated the act;
Session Vote Sequence: 219                                                     providing information that must be included in the notice; providing a
                                                                               deadline by which an employer alleged to have violated the act must pay
Speaker Bense in the Chair.                                                    the unpaid wages in question or resolve the claim to the aggrieved
                                                                               person's satisfaction; providing a statute of limitations period; providing
Yeas—110                                                                       that aggrieved persons who prevail in their actions may be entitled to
                                                                               liquidated damages and reasonable attorney's fees and costs; authorizing
Adams                    Bogdanoff         Domino            Grimsley          additional legal or equitable relief for aggrieved persons who prevail in
Allen                    Bowen             Evers             Harrell           such actions; providing that punitive damages may not be awarded;
Altman                   Brandenburg       Farkas            Hasner            providing that actions brought under the act are subject to s. 768.79, F.S.;
Anderson                 Brown             Fields            Hays              authorizing the Attorney General to bring a civil action and seek
Antone                   Brummer           Flores            Henriquez         injunctive relief; providing a fine; providing statutes of limitations;
Arza                     Bullard           Galvano           Holloway          authorizing class actions; declaring the act the exclusive remedy under
Attkisson                Cannon            Gannon            Homan             state law for violations of s. 24, Art. X of the State Constitution;
Ausley                   Carroll           Garcia            Hukill            providing for implementation measures; designating ss. 448.01-448.110,
Barreiro                 Clarke            Gardiner          Jennings          F.S., as part I of ch. 448, F.S.; providing a part title; providing for
Baxley                   Cretul            Gelber            Johnson           severability; providing an effective date.
Bean                     Culp              Gibson, A.        Jordan
Bendross-Mindingall      Cusack            Gibson, H.        Justice              —was read the third time by title. On passage, the vote was:
Bense                    Davis, D.         Glorioso          Kendrick
Benson                   Davis, M.         Goldstein         Kottkamp          Session Vote Sequence: 220
Berfield                 Dean              Goodlette         Kravitz
Bilirakis                Detert            Grant             Kreegel           Speaker Bense in the Chair.
April 22, 2005                          JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                  631


Yeas—112                                                                 Garcia            Jennings                  Murzin             Russell
                                                                         Gardiner          Johnson                   Needelman          Ryan
Adams                   Cusack           Homan              Poppell      Gelber            Jordan                    Negron             Sands
Allen                   Davis, D.        Hukill             Porth        Gibson, A.        Joyner                    Patterson          Sansom
Altman                  Davis, M.        Jennings           Proctor      Gibson, H.        Kendrick                  Peterman           Seiler
Anderson                Dean             Johnson            Quinones     Glorioso          Kottkamp                  Pickens            Simmons
Antone                  Detert           Jordan             Reagan       Goldstein         Kravitz                   Planas             Smith
Arza                    Domino           Joyner             Rice         Goodlette         Kreegel                   Poppell            Sorensen
Attkisson               Evers            Kendrick           Richardson   Gottlieb          Kyle                      Porth              Stansel
Ausley                  Farkas           Kottkamp           Rivera       Grant             Legg                      Proctor            Stargel
Barreiro                Fields           Kravitz            Robaina      Greenstein        Littlefield               Quinones           Taylor
Baxley                  Flores           Kreegel            Roberson     Grimsley          Llorente                  Reagan             Traviesa
Bean                    Galvano          Kyle               Ross         Harrell           Lopez-Cantera             Rice               Troutman
Bendross-Mindingall     Gannon           Legg               Rubio        Hasner            Machek                    Richardson         Vana
Bense                   Garcia           Littlefield        Ryan         Hays              Mahon                     Rivera             Waters
Benson                  Gardiner         Llorente           Sands        Henriquez         Mayfield                  Robaina            Williams
Berfield                Gelber           Lopez-Cantera      Sansom       Holloway          McInvale                  Roberson           Zapata
Bilirakis               Gibson, A.       Machek             Seiler       Homan             Meadows                   Ross
Bogdanoff               Gibson, H.       Mahon              Simmons      Hukill            Mealor                    Rubio
Bowen                   Glorioso         Mayfield           Smith
Brandenburg             Goldstein        McInvale           Sorensen     Nays—None
Brown                   Goodlette        Meadows            Stansel
Brummer                 Gottlieb         Mealor             Stargel      Votes after roll call:
Bucher                  Grant            Murzin             Taylor         Yeas—Ambler, Sobel
Bullard                 Greenstein       Needelman          Traviesa
Cannon                  Harrell          Negron             Troutman        So the bill passed and was certified to the Senate.
Carroll                 Hasner           Patterson          Vana
Clarke                  Hays             Peterman           Waters           HB 1681—A bill to be entitled An act relating to transportation;
Cretul                  Henriquez        Pickens            Williams     creating s. 311.115, F.S.; requiring the Florida Seaport Transportation
Culp                    Holloway         Planas             Zapata       and Economic Development Council to establish a matching funds
                                                                         program for certain dredging projects; requiring the adoption of rules and
Nays—None                                                                criteria for project evaluation; requiring approved projects to be reviewed
                                                                         by the Department of Community Affairs, the Department of
Votes after roll call:                                                   Transportation, and the Office of Tourism, Trade, and Economic
  Yeas—Ambler, Grimsley, Russell, Sobel                                  Development; amending s. 332.007, F.S.; authorizing the department to
  Yeas to Nays—Gottlieb                                                  fund certain eligible aviation planning projects to be performed by not-
                                                                         for-profit organizations representing a majority of public airports;
   So the bill passed, as amended, and was certified to the Senate.      amending s. 337.11, F.S.; providing for department contracts to use
                                                                         written work orders pursuant to certain contingency items or
   SB 1980—A bill to be entitled An act relating to the Florida          supplemental agreements; removing requirement for surety approval of
Commission on Tourism; amending s. 288.1223, F.S.; designating a         supplemental agreements; limiting liability of the surety when
member from the restaurant industry to the Florida Commission on         unapproved contract changes exceed a certain amount; providing
Tourism; revising financial-disclosure requirements for commission       purposes for the use of written work orders; revising criteria for use of
members to conform with those of other statewide boards and              supplemental agreements in department contracts; creating s. 337.195,
commissions exercising governing authority; repealing s. 288.1224(11),   F.S.; specifying presumptions of proximate cause for determination of
F.S., relating to a statewide advisory committee of the Florida          liability in certain civil actions against the department or its agents or its
Commission on Tourism; providing an effective date.                      consultants or contractors on certain transportation facilities when death,
                                                                         personal injury, or property damage resulted from a motor vehicle crash
   —was read the third time by title. On passage, the vote was:          within a construction zone; limiting liability under certain circumstances
                                                                         of a contractor who constructed or repaired a highway, road, street, or
Session Vote Sequence: 221                                               bridge for the department; limiting liability under certain circumstances
                                                                         of a person or entity who contracts with the department to prepare or
Speaker Bense in the Chair.                                              provide engineering plans for certain transportation facility projects;
                                                                         amending s. 337.251, F.S.; authorizing the department to adopt rules
Yeas—114                                                                 governing the leasing of property for joint public-private development;
                                                                         amending s. 337.406, F.S.; providing that exceptions to prohibited uses of
Adams            Bean                     Brummer           Davis, M.    transportation facilities shall not apply to limited access highways;
Allen            Bendross-Mindingall      Bucher            Dean         amending s. 338.155, F.S.; providing that persons participating in the
Altman           Bense                    Bullard           Detert       funeral procession of a law enforcement officer or firefighter killed in the
Anderson         Benson                   Cannon            Domino       line of duty are exempt from paying tolls; amending s. 339.175, F.S.;
Antone           Berfield                 Carroll           Evers        requiring a metropolitan planning organization to approve certain plans
Arza             Bilirakis                Clarke            Farkas       and programs on a recorded roll call vote; providing that modifications of
Attkisson        Bogdanoff                Cretul            Fields       certain plans and programs require a recorded roll call vote for approval
Ausley           Bowen                    Culp              Flores       by a specified super majority; amending s. 339.55, F.S.; establishing a
Barreiro         Brandenburg              Cusack            Galvano      limit on state-funded infrastructure bank loans to the State Transportation
Baxley           Brown                    Davis, D.         Gannon       Trust Fund; amending s. 339.61, F.S.; revising legislative intent for
632                                     JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 22, 2005


transportation facilities comprising the Strategic Intermodal System;          bondholders; exempting the authority from taxation; providing for
adding economic development and job growth as criteria for projects;           application and construction of the part; amending s. 373.4137, F.S.;
amending s. 339.62, F.S.; adding planned facilities meeting certain            revising requirements for projects intended to mitigate the adverse effects
criteria and thresholds to components of the Strategic Intermodal System;      of transportation projects; removing the Department of Environmental
amending s. 339.64, F.S.; directing the Florida Transportation                 Protection from the mitigation process; revising requirements for the
Commission to include as part of its annual work program review an             Department of Transportation and transportation authorities with respect
assessment of the department's progress on the Strategic Intermodal            to submitting plans and inventories; authorizing the use of current-year
System; requiring an annual report; directing the department to                funds for future projects; revising the requirements for reconciling escrow
coordinate with federal, regional, and local entities for transportation       accounts used to fund mitigation projects; authorizing payments to a
planning impacting military installations; requiring the Strategic             water management district to fund the costs of future maintenance and
Intermodal System Plan to include an assessment of the impacts of              monitoring; requiring specified lump-sum payments to be used for the
proposed projects on military installations; adding a military                 mitigation costs of certain projects; authorizing a governing board of a
representative to the Governor's appointees to the Statewide Intermodal        water management district to approve the use of mitigation funds for
Transportation Advisory Council; creating part IV of chapter 343, F.S.,        certain future projects; requiring that mitigation plans be approved by the
titled the "Northwest Florida Transportation Corridor Authority";              water management district rather than the Department of Environmental
providing a popular name; providing definitions; creating the Northwest        Protection; directing the Department of Transportation to select and fund
Florida Transportation Corridor Authority encompassing Escambia, Santa         a consultant to perform a study of bicycle facilities on or connected to the
Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla Counties;             State Highway System; requiring the results of the study to be presented
providing for a governing body of the authority; providing for                 to the Governor and the Legislature; providing for management of the
membership, organization, purposes, and powers of the authority;               study by the state Pedestrian and Bicycle Coordinator; providing for
requiring a master plan; providing for the U.S. 98 Corridor System;            inclusion of certain elements in the study; requiring the study to include
prohibiting tolls on certain existing highways and other transportation        an implementation plan; providing an effective date.
facilities within the corridor; providing for procurement; providing bond
financing authority for improvements; providing for bonds of the                  —was read the third time by title. On passage, the vote was:
authority; providing for fiscal agents; providing that the State Board of
Administration may act as fiscal agent; providing for certain financial
agreements; providing for the rights and remedies of bondholders;              Session Vote Sequence: 222
providing for a lease-purchase agreement with the Department of
Transportation; providing the department may be appointed agent of the         Speaker Bense in the Chair.
authority for construction; providing for acquisition of lands and
property; providing for cooperation with other units, boards, agencies,        Yeas—113
and individuals; providing for public-private partnerships; providing
covenant of the state; providing for exemption from taxation; providing
                                                                               Adams                    Davis, D.        Jennings           Quinones
for eligibility for investments and security; providing that pledges shall
                                                                               Allen                    Davis, M.        Johnson            Reagan
be enforceable by bondholders; providing for complete and additional
                                                                               Altman                   Dean             Jordan             Rice
statutory authority for the department and other state agencies; amending
                                                                               Anderson                 Detert           Joyner             Richardson
s. 348.0003, F.S.; changing the membership of expressway authority
                                                                               Antone                   Domino           Kendrick           Rivera
governing boards in certain counties; amending s. 348.0004, F.S.;
                                                                               Arza                     Evers            Kottkamp           Robaina
requiring notification to certain local governmental entities and
                                                                               Attkisson                Farkas           Kravitz            Roberson
metropolitan planning organizations by certain expressway authorities
                                                                               Ausley                   Fields           Kreegel            Ross
proposing a toll increase or a new point of toll collection; providing
                                                                               Barreiro                 Flores           Kyle               Rubio
procedures for public notice and hearing prior to implementation;
                                                                               Baxley                   Galvano          Legg               Russell
creating part X of chapter 348, F.S., titled the "Osceola County
                                                                               Bean                     Gannon           Littlefield        Ryan
Expressway Authority"; providing a popular name; providing definitions;
                                                                               Bendross-Mindingall      Garcia           Llorente           Sands
creating the authority as an agency of the state; providing for
                                                                               Bense                    Gelber           Lopez-Cantera      Sansom
membership, terms, organization, personnel, and administration;
                                                                               Benson                   Gibson, A.       Machek             Seiler
providing purposes and powers for construction, expansion, maintenance,
                                                                               Berfield                 Gibson, H.       Mahon              Simmons
improvement, and operation of the Osceola County Expressway System;
                                                                               Bilirakis                Glorioso         Mayfield           Smith
providing for use of certain funds to pay obligations; requiring consent of
                                                                               Bogdanoff                Goldstein        McInvale           Sorensen
local jurisdiction for agreements that would restrict construction of roads;
                                                                               Bowen                    Goodlette        Meadows            Stansel
providing for bond financing of improvements to certain facilities;
                                                                               Brandenburg              Gottlieb         Mealor             Stargel
providing for issuance of bonds; providing for rights and remedies
                                                                               Brown                    Grant            Murzin             Taylor
granted to bondholders; providing for appointment of trustee to represent
                                                                               Brummer                  Greenstein       Needelman          Traviesa
the bondholders; providing for appointment of receiver to take possession
                                                                               Bucher                   Grimsley         Negron             Troutman
of and operate and maintain the system; providing for lease of the system
                                                                               Bullard                  Harrell          Patterson          Vana
to the Department of Transportation under a lease-purchase agreement;
                                                                               Cannon                   Hasner           Peterman           Waters
authorizing the department to act in place of the authority under terms of
                                                                               Carroll                  Hays             Pickens            Williams
the lease-purchase agreement; requiring approval by the county for
                                                                               Clarke                   Henriquez        Planas             Zapata
certain provisions of the lease-purchase agreement; providing that the
                                                                               Cretul                   Holloway         Poppell
system is part of the state road system; authorizing the department to
                                                                               Culp                     Homan            Porth
expend a limited amount of funds; providing for the authority to appoint
                                                                               Cusack                   Hukill           Proctor
the department as its agent for certain construction purposes; authorizing
the authority to acquire property; limiting liability of the authority for
contamination existing on an acquired property; providing for remedial         Nays—1
acts necessary due to such contamination; authorizing agreements
between the authority and other entities; providing pledge of the state to     Gardiner
April 22, 2005                          JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                       633


Votes after roll call:                                                        certificates of title for off-highway vehicles; amending ss. 317.0010,
  Yeas—Ambler, Sobel                                                          317.0012, and 317.0013, F.S.; conforming references; creating s.
  Yeas to Nays—Kyle                                                           317.0014, F.S.; establishing procedures for the issuance of a certificate of
                                                                              title for an off-highway vehicle; providing duties of the Department of
  So the bill passed, as amended. On motion by Rep. Sansom, the bill          Highway Safety and Motor Vehicles; providing for a notice of lien and
was immediately certified to the Senate.                                      lien satisfaction; creating s. 317.0015, F.S.; providing for the applicability
                                                                              of certain provisions of law to the titling of off-highway vehicles;
    HB 1697—A bill to be entitled An act relating to motor vehicles;          creating s. 317.0016, F.S.; providing for the expedited issuance of titles
amending s. 61.13016, F.S.; revising provisions for suspension of the         for off-highway vehicles; creating s. 317.0017, F.S.; prohibiting specified
driver's license of certain support obligors who are delinquent in            actions relating to the issuance of titles for off-highway vehicles;
payment; providing for set-aside of the suspension upon a showing of          providing a penalty; creating s. 317.0018, F.S.; prohibiting the transfer of
good cause; defining "good cause"; amending s. 261.03, F.S.; redefining       an off-highway vehicle without delivery of a certificate of title;
the term "off-highway vehicle" to include a two-rider ATV; defining the       prescribing other violations; providing a penalty; amending s. 318.1215,
term "two-rider ATV"; amending s. 316.003, F.S.; defining the term            F.S.; clarifying that funds from the Dori Slosberg Driver Education
"traffic signal preemption system"; amending s. 316.006, F.S.; providing      Safety Act be used for driver education programs in schools; requiring
for interlocal agreements between municipalities and counties                 that funds be used for enhancement of driver education program funds;
transferring traffic regulatory authority; amending s. 316.074, F.S.;         providing program requirements; amending s. 318.14, F.S.; authorizing
requiring hearing for violations of traffic control devices resulting in a    the department to modify certain actions to suspend or revoke a driver's
crash; amending s. 316.075, F.S.; requiring hearing for specified             license following notice of final disposition; providing that certain
violations of traffic control signal devices resulting in a crash; amending   citation procedures and proceedings apply to persons who do not hold a
s. 316.0775, F.S.; providing that the unauthorized use of a traffic signal    commercial driver's license; providing penalties for certain traffic
preemption device is a moving violation; amending s. 316.122, F.S.;           infractions requiring a mandatory hearing; providing for distribution of
providing for the right-of-way for certain passing vehicles; creating s.      moneys collected; requiring audit of certain funds; amending s. 318.21,
316.1576, F.S.; prohibiting driving through a railroad-highway grade          F.S.; providing for distribution of specified civil penalties by county
crossing that does not have sufficient space or clearance; providing a        courts; amending s. 319.23, F.S.; requiring a licensed motor vehicle
penalty; creating s. 316.1577, F.S.; prohibiting employer from allowing,      dealer to notify the Department of Highway Safety and Motor Vehicles of
requiring, permitting, or authorizing certain violations pertaining to        a motor vehicle or mobile home taken as a trade-in; requiring the
railroad-highway grade crossings; providing a penalty; amending s.            department to update its title record; amending s. 319.27, F.S.; correcting
316.183, F.S.; increasing the minimum speed limit on interstate highways      an obsolete cross-reference; amending s. 320.02, F.S.; authorizing the
under certain circumstances; amending s. 316.1932, F.S.; revising the         department to withhold motor vehicle registration or renewal of
requirements for printing the notice of consent for sobriety testing on a     registration when notified by a dealer of unpaid registration and titling
driver's license; amending s. 316.1936, F.S., relating to possession of       fees; requiring the motor vehicle dealer to maintain certain signed
open containers of alcohol; removing an exemption provided for                evidence and information; providing for dispute of dealer's claim of
passengers of a vehicle operated by a driver holding a Class D driver's       unpaid fees; amending s. 320.06, F.S.; providing for a credit or refund
license; amending s. 316.194, F.S.; authorizing traffic accident              when a registrant is required to replace a license plate under certain
investigation officers to remove vehicles under certain circumstances;        circumstances; amending s. 320.0601, F.S.; requiring that a registration
amending s. 316.1967, F.S.; providing that an owner of a leased vehicle is    or renewal of a long-term leased motor vehicle be in the name of the
not responsible for a parking ticket violation in certain circumstances;      lessee; amending s. 320.0605, F.S.; exempting a vehicle registered as a
amending s. 316.2074, F.S.; redefining the term "all-terrain vehicle" to      fleet vehicle from the requirement that the certificate of registration be
include a two-rider ATV; amending s. 316.2095, F.S.; revising equipment       carried in the vehicle at all times; amending s. 320.08058, F.S.; revising
requirements for operating motorcycles; providing penalties; amending s.      distribution and authorized uses of revenues from the United We Stand
316.212, F.S.; authorizing local governments to enact more restrictive        and Animal Friend specialty license plates; amending s. 320.0843, F.S.;
golf cart equipment and operation regulations; requiring public               requiring that an applicant's eligibility for a disabled parking plate be
notification; providing for enforcement jurisdiction; providing penalties;    noted on the certificate; amending s. 320.089, F.S.; allowing retired
amending s. 316.2126, F.S.; providing for application of local golf cart      members of the United States Armed Forces Reserve to be issued U.S.
equipment and operation regulations to golf cart and utility vehicle use by   Reserve license plates; amending s. 320.131, F.S.; authorizing the
municipalities; amending s. 316.302, F.S.; updating a reference to the        department to provide for an electronic system for motor vehicle dealers
Code of Federal Regulations relating to commercial motor vehicles;            to use in issuing temporary license plates; providing a penalty;
amending s. 316.3045, F.S.; revising restrictions on the operation of         authorizing the department to adopt rules; amending s. 320.18, F.S.;
radios or other soundmaking devices in motor vehicles; providing              authorizing the department to cancel the vehicle or vessel registration,
penalties; amending s. 316.605, F.S.; clarifying that portion of a license    driver's license, or identification card of a person who pays certain fees or
plate which must be clear and plainly visible; amending s. 316.613, F.S.;     penalties with a dishonored check; amending s. 320.27, F.S.; requiring
eliminating authorization for the Department of Highway Safety and            dealer principals to provide certification of completing continuing
Motor Vehicles to expend certain funds for promotional purposes;              education under certain circumstances; requiring motor vehicle dealers to
creating s. 316.6131, F.S.; authorizing the department to expend certain      maintain records for a specified period; providing for denial, suspension,
funds for public information and education campaigns; amending s.             or revocation of a motor vehicle dealer's license for failure to maintain
316.650, F.S.; providing exceptions to a prohibition against using            evidence of notification to the owner or coowner of a vehicle regarding
citations as evidence in a trial; amending s. 317.0003, F.S.; defining the    unpaid registration and titling fees; providing certain penalties; amending
term "off-highway vehicle" to include a two-rider ATV; providing a            s. 320.77, F.S.; providing that mobile home dealers may provide a cash
definition; amending ss. 317.0004, 317.0005, and 317.0006, F.S.;              bond or letter of credit in lieu of a required surety bond; creating the
conforming references; amending s. 317.0007, F.S.; authorizing the            Manufactured Housing Regulatory Study Commission; providing for
Department of Highway Safety and Motor Vehicles to issue a validation         membership; providing duties; requiring the commission to file a report
sticker as an additional proof of title for an off-highway vehicle;           with the Governor and the Legislature; amending s. 322.01, F.S.;
providing for the replacement of lost or destroyed off-highway vehicle        redefining the terms "commercial motor vehicle" and "out-of-service
validation stickers; providing for disposition of fees; repealing s.          order"; providing the definition of conviction applicable to offenses
317.0008(2), F.S., relating to the expedited issuance of duplicate            committed in a commercial motor vehicle; amending s. 322.05, F.S.;
634                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                      April 22, 2005


removing requirements for a Class D driver's license; amending s.               noncommercial vehicles; amending s. 338.155, F.S.; exempting from
322.051, F.S.; revising provisions relating to the application for an           payment of toll any person participating in the funeral procession of a law
identification card; providing that the requirement for a fullface              enforcement officer or firefighter killed in the line of duty; creating s.
photograph or digital image on an identification card may not be waived         549.102, F.S.; authorizing temporary overnight parking during a
under ch. 761, F.S.; amending s. 322.07, F.S.; removing requirements for        motorsports event at a motorsports entertainment complex; exempting
a Class D driver's license; amending s. 322.08, F.S.; providing that a          such parking from regulations relating to recreational vehicle parks;
United States passport is an acceptable proof of identity for purposes of       providing for application of health agency requirements; amending s.
obtaining a driver's license; providing that a naturalization certificate       713.78, F.S.; revising provisions relating to the placement of a wrecker
issued by the United States Department of Homeland Security is an               operator's lien against a motor vehicle; amending s. 768.28, F.S.;
acceptable proof of identity for such purpose; providing that specified         providing that certain medical professionals volunteering for Florida
documents are acceptable as proof of nonimmigrant classification;               Highway Patrol service are considered employees of the state for
removing prescribed purpose of funds collected from a voluntary                 sovereign immunity purposes; amending s. 843.16, F.S.; prohibiting the
contribution option on driver's license applications associated with            transportation of radio equipment that receives signals on frequencies
hearing research; amending s. 322.09, F.S.; requiring the signature of a        used by this state's law enforcement officers or fire rescue personnel;
secondary guardian on a driver's license application for a minor under          redefining the term "emergency vehicle" to include any motor vehicle
certain circumstances; amending s. 322.11, F.S.; providing for notice to a      designated as such by the fire chief of a county or municipality; revising
minor before canceling the minor's license due to the death of the person       penalties; providing effective dates.
who cosigned the initial application; amending s. 322.12, F.S.; removing
requirements for a Class D driver's license; amending s. 322.135, F.S.;            —was read the third time by title. On passage, the vote was:
revising requirements for the deposit of certain fees for a driver's license;
revising requirements for the tax collector in directing a licensee for
                                                                                Session Vote Sequence: 223
examination or reexamination; requiring county officers to pay certain
funds to the State Treasury by electronic funds transfer within a specified
period; amending s. 322.142, F.S.; providing that the requirement for a         Speaker Bense in the Chair.
fullface photograph or digital image on a driver's license may not be
waived under ch. 761, F.S.; amending s. 322.161, F.S.; removing                 Yeas—112
requirements for a Class D driver's license; amending s. 322.17, F.S.,
relating to duplicate and replacement certificates; conforming a cross-         Adams                   Davis, M.        Jennings           Porth
reference; amending s. 322.18, F.S.; revising the expiration period for         Allen                   Dean             Johnson            Proctor
driver's licenses issued to specified persons; conforming cross-references;     Altman                  Detert           Jordan             Quinones
amending s. 322.19, F.S., relating to change of address or name;                Anderson                Domino           Joyner             Reagan
conforming cross-references; amending s. 322.21, F.S.; removing                 Antone                  Evers            Justice            Rice
requirements for a Class D driver's license; requiring the department to        Arza                    Farkas           Kendrick           Richardson
set a fee for a hazardous-materials endorsement; providing maximum fee          Attkisson               Fields           Kottkamp           Rivera
amount; authorizing the department to adopt rules; amending s. 322.212,         Ausley                  Flores           Kravitz            Robaina
F.S.; providing an additional penalty for giving false information when         Barreiro                Galvano          Kreegel            Roberson
applying for a commercial driver's license; amending s. 322.22, F.S.;           Baxley                  Gannon           Kyle               Ross
authorizing the department to cancel any identification card, vehicle or        Bendross-Mindingall     Garcia           Legg               Rubio
vessel registration, or fuel-use decal of a licensee who pays certain fees or   Bense                   Gardiner         Littlefield        Russell
penalties with a dishonored check; amending s. 322.251, F.S.; removing          Benson                  Gelber           Llorente           Ryan
requirements for a Class D driver's license; amending s. 322.2615, F.S.;        Berfield                Gibson, A.       Lopez-Cantera      Sands
revising provisions related to notice and review procedures for                 Bilirakis               Gibson, H.       Machek             Sansom
administrative suspension of driver's licenses; revising notice                 Bogdanoff               Glorioso         Mahon              Seiler
information; clarifying review procedures; amending s. 322.27, F.S.;            Bowen                   Goldstein        Mayfield           Simmons
correcting a cross-reference relating to points assigned for littering          Brandenburg             Goodlette        McInvale           Smith
violations; assigning point value for a conviction of specified violations      Brown                   Gottlieb         Meadows            Sorensen
of a traffic control device or traffic control signal device resulting in a     Brummer                 Grant            Mealor             Stansel
crash; amending s. 322.30, F.S.; removing the requirements for a Class D        Bucher                  Greenstein       Murzin             Stargel
driver's license; amending s. 322.53, F.S.; removing requirements for a         Bullard                 Grimsley         Needelman          Taylor
Class D driver's license; removing a requirement that certain operators of      Cannon                  Harrell          Negron             Traviesa
a commercial motor vehicle obtain a specified license; amending s.              Carroll                 Hays             Patterson          Troutman
322.54, F.S.; revising the classification requirements for certain driver's     Clarke                  Henriquez        Peterman           Vana
licenses; deleting requirements for a Class D driver's license; amending s.     Cretul                  Holloway         Pickens            Waters
322.57, F.S.; providing testing requirements for school bus drivers;            Culp                    Homan            Planas             Williams
removing certain license restriction requirements; amending s. 322.58,          Cusack                  Hukill           Poppell            Zapata
F.S.; deleting requirements for a Class D driver's license and changing
those requirements to a Class E driver's license; amending and reenacting       Nays—None
s. 322.61, F.S.; specifying additional violations that disqualify a person
from operating a commercial motor vehicle; providing penalties;
providing an exception; removing requirements for a Class D driver's            Votes after roll call:
license; amending s. 322.63, F.S.; clarifying provisions governing alcohol        Yeas—Ambler, Bean, Hasner, Sobel
and drug testing for commercial motor vehicle operators; amending s.
322.64, F.S., and reenacting s. 322.64(14), F.S., relating to citation            So the bill passed, as amended. On motion by Rep. Evers, the bill was
procedures and proceedings, to incorporate the amendment to s. 322.61,          immediately certified to the Senate.
F.S., in a reference thereto; providing for a temporary permit issued
following certain DUI offenses to apply only to the operation of                   On motion by Rep. Goodlette, the House moved to the order of—
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                      635


Messages from the Senate                                                       community and public notification provisions; providing for severability;
                                                                               providing an effective date.
The Honorable Allan Bense, Speaker                                             (Amendment Bar Code: 803170)

   I am directed to inform the House of Representatives that the Senate            Senate Amendment 1 (with title amendment)—Delete everything
has passed HB 1877, with amendment, and requests the concurrence of            after the enacting clause and insert:
the House.                                                                         Section 1. This act may be cited as the "Jessica Lunsford Act."
                                                                                   Section 2. Paragraph (a) of subsection (5) of section 216.136, Florida
                                               Faye W. Blanton, Secretary      Statutes, is amended to read:
                                                                                  216.136 Consensus estimating conferences; duties and principals.--
   HB 1877—A bill to be entitled An act relating to sexual predators and          (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
sexual offenders; providing a popular name; amending s. 216.136, F.S.;            (a) Duties.--The Criminal Justice Estimating Conference shall:
assigning an additional responsibility to the Criminal Justice Estimating         1. Develop such official information relating to the criminal justice
Conference; amending s. 775.082, F.S.; providing for specified                 system, including forecasts of prison admissions and population and of
sentencing of persons convicted of the life felony offense in s.               supervised felony offender admissions and population, as the conference
800.04(5)(b), F.S.; creating s. 775.0821, F.S.; creating a felony offense      determines is needed for the state planning and budgeting system.
for removing, altering, or failing to maintain an electronic monitoring           2. Develop such official information relating to the number of eligible
device for the purpose of committing a crime; providing criminal               discharges and the projected number of civil commitments for
penalties; amending s. 775.21, F.S.; revising criteria for sexual predator     determining space needs pursuant to the civil proceedings provided under
designation; requiring certain notification of sentence; providing for         part V of chapter 394.
electronic monitoring; extending period for petition to remove sexual             3. Develop official information relating to the number of sexual
predator designation; creating s. 775.235, F.S.; prohibiting the harboring     offenders and sexual predators who are required by law to be placed on
of a sexual predator or sexual offender; providing criminal penalties;         community control, probation, or conditional release who are subject to
amending s. 800.04, F.S.; providing that it is a life felony for an offender   electronic monitoring. In addition, the Office of Economic and
18 years of age or older to commit lewd or lascivious molestation against      Demographic Research shall study the factors relating to the sentencing
a victim younger than 12 years of age; amending s. 921.0022, F.S.;             of sex offenders from the point of arrest through the imposition of
revising ranking for certain offenses involving sexual predators and           sanctions by the sentencing court, including original charges, plea
sexual offenders failing to comply with registration requirements; ranking     negotiations, trial dispositions, and sanctions. The Department of
offenses involving sexual predators and sexual offenders failing to            Corrections, the Office of the State Courts Administrator, the Florida
comply with registration and other requirements; amending s. 921.141,          Department of Law Enforcement, and the State Attorneys shall provide
F.S.; creating an aggravating circumstance pertaining to sexual predators      information deemed necessary for the study. The final report shall be
for purposes of imposing the death penalty; amending s. 943.043, F.S.;         provided to the President of the Senate and Speaker of the House by
requiring the Department of Corrections to share information with local        March 1, 2006.
law enforcement agencies to assist in determining the potential                    Section 3. Paragraph (b) of subsection (4), paragraph (l) of subsection
whereabouts of registered sexual predators and sexual offenders;               (6), subsection (8), and subsection (10) of section 775.21, Florida
amending s. 943.0435, F.S.; revising provisions relating to sexual             Statutes, are amended to read:
offender registration; creating s. 943.04352, F.S.; requiring a search of         775.21 The Florida Sexual Predators Act.--
the sexual offender and sexual predator registry by entities providing            (4) SEXUAL PREDATOR CRITERIA.--
probation services; amending s. 944.606, F.S.; requiring the Department           (b) In order to be counted as a prior felony for purposes of this
of Corrections to provide information regarding electronic monitoring to       subsection, the felony must have resulted in a conviction sentenced
the Department of Law Enforcement; amending s. 944.607, F.S.;                  separately, or an adjudication of delinquency entered separately, prior to
requiring sexual offenders sentenced to electronic monitoring to provide       the current offense and sentenced or adjudicated separately from any
such information to the Department of Corrections and for such                 other felony conviction that is to be counted as a prior felony. If the
department to provide that information to the Department of Law                offender's prior enumerated felony was committed more than 10 years
Enforcement; amending s. 947.1405, F.S.; requiring sexual offenders and        before the primary offense, it shall not be considered a prior felony under
sexual predators on conditional release to be placed on electronic             this subsection if the offender has not been convicted of any other crime
monitoring; requiring the Parole Commission to order sexual offenders          for a period of 10 consecutive years from the most recent date of release
and sexual predators on conditional release to be returned to prison until     from confinement, supervision, or sanction, whichever is later.
expiration of sentence for any material violation of supervision; creating        (6) REGISTRATION.--
s. 947.1406, F.S.; providing requirements for electronic monitoring of            (l) A sexual predator must maintain registration with the department
sexual offenders and sexual predators on conditional release; amending s.      for the duration of his or her life, unless the sexual predator has received
948.06, F.S.; requiring electronic monitoring for any violation of             a full pardon or has had a conviction set aside in a postconviction
probation or community control supervision by certain offenders and            proceeding for any offense that met the criteria for the sexual predator
sexual predators; creating s. 948.061, F.S.; requiring the Department of       designation. However, a sexual predator who was designated as a sexual
Corrections to develop a risk assessment and alert system to monitor           predator by a court before October 1, 1998, and who has been lawfully
certain offenders placed on probation or community control; authorizing        released from confinement, supervision, or sanction, whichever is later,
the department to adopt rules; requiring the department to have                for at least 10 years and has not been arrested for any felony or
fingerprint-reading equipment and capability by a specified date;              misdemeanor offense since release, may petition the criminal division of
amending s. 948.11, F.S.; providing requirements for electronic                the circuit court in the circuit in which the sexual predator resides for the
monitoring of sexual offenders and sexual predators on community               purpose of removing the sexual predator designation. A sexual predator
control or probation; amending s. 948.30, F.S.; requiring sexual offenders     who was designated a sexual predator by a court on or after October 1,
and sexual predators on community control or probation to be placed on         1998, who has been lawfully released from confinement, supervision, or
electronic monitoring; requiring a study by the Office of Program Policy       sanction, whichever is later, for at least 20 years, and who has not been
Analysis and Governmental Accountability of the effectiveness of               arrested for any felony or misdemeanor offense since release may petition
Florida's sexual predator and sexual offender registration process and         the criminal division of the circuit court in the circuit in which the sexual
636                                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                         April 22, 2005


predator resides for the purpose of removing the sexual predator                 mobile home, or manufactured home, as defined in chapter 320, the
designation. A sexual predator who was designated as a sexual predator           sexual predator shall also provide vehicle identification number; the
by a court on or after September 1, 2005, who has been lawfully released         license tag number; the registration number; and a description, including
from confinement, supervision, or sanction, whichever is later, for at least     color scheme, of the motor vehicle, trailer, mobile home, or manufactured
30 years, and who has not been arrested for any felony or misdemeanor            home. If the sexual predator's place of residence is a vessel, live-aboard
offense since release may petition the criminal division of the circuit          vessel, or houseboat, as defined in chapter 327, the sexual predator shall
court in the circuit in which the sexual predator resides for the purpose of     also provide the hull identification number; the manufacturer's serial
removing the sexual predator designation. The court may grant or deny            number; the name of the vessel, live-aboard vessel, or houseboat; the
such relief if the petitioner demonstrates to the court that he or she has       registration number; and a description, including color scheme, of the
not been arrested for any crime since release, the requested relief              vessel, live-aboard vessel, or houseboat.
complies with the provisions of the federal Jacob Wetterling Act, as                (b) The sheriff's office shall, within 2 working days, electronically
amended, and any other federal standards applicable to the removal of the        submit and update all information provided by the sexual predator to the
designation as a sexual predator or required to be met as a condition for        department in a manner prescribed by the department. This procedure
the receipt of federal funds by the state, and the court is otherwise            shall be implemented by December 1, 2005.
satisfied that the petitioner is not a current or potential threat to public        (10) PENALTIES.--.
safety. The state attorney in the circuit in which the petition is filed must       (a) Except as otherwise specifically provided, a sexual predator who
be given notice of the petition at least 3 weeks before the hearing on the       fails to register; who fails, after registration, to maintain, acquire, or
matter. The state attorney may present evidence in opposition to the             renew a driver's license or identification card; who fails to provide
requested relief or may otherwise demonstrate the reasons why the                required location information or change-of-name information; who fails
petition should be denied. If the court denies the petition, the court may       to make a required report in connection with vacating a permanent
set a future date at which the sexual predator may again petition the court      residence; who fails to reregister as required; who fails to respond to any
for relief, subject to the standards for relief provided in this paragraph.      address verification correspondence from the department within three
Unless specified in the order, a sexual predator who is granted relief           weeks of the date of the correspondence; or who otherwise fails, by act or
under this paragraph must comply with the requirements for registration          omission, to comply with the requirements of this section, commits a
as a sexual offender and other requirements provided under s. 943.0435           felony of the third degree, punishable as provided in s. 775.082, s.
or s. 944.607. If a petitioner obtains an order from the court that imposed      775.083, or s. 775.084.
the order designating the petitioner as a sexual predator which removes             (b) A sexual predator who has been convicted of or found to have
such designation, the petitioner shall forward a certified copy of the           committed, or has pled nolo contendere or guilty to, regardless of
written findings or order to the department in order to have the sexual          adjudication, any violation, or attempted violation, of s. 787.01, s. 787.02,
predator designation removed from the sexual predator registry.                  or s. 787.025, where the victim is a minor and the defendant is not the
                                                                                 victim's parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
 The sheriff shall promptly provide to the department the information            800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation of a similar
received from the sexual predator.                                               law of another jurisdiction, when the victim of the offense was a minor,
   (8)    VERIFICATION.--The department and the Department of                    and who works, whether for compensation or as a volunteer, at any
Corrections shall implement a system for verifying the addresses of              business, school, day care center, park, playground, or other place where
sexual predators. The system must be consistent with the provisions of           children regularly congregate, commits a felony of the third degree,
the federal Jacob Wetterling Act, as amended, and any other federal              punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
standards applicable to such verification or required to be met as a                (c) Any person who misuses public records information relating to a
condition for the receipt of federal funds by the state. The Department of       sexual predator, as defined in this section, or a sexual offender, as defined
Corrections shall verify the addresses of sexual predators who are not           in s. 943.0435 or s. 944.607, to secure a payment from such a predator or
incarcerated but who reside in the community under the supervision of            offender; who knowingly distributes or publishes false information
the Department of Corrections. County and local law enforcement                  relating to such a predator or offender which the person misrepresents as
agencies, in conjunction with the department, shall verify the addresses of      being public records information; or who materially alters public records
sexual predators who are not under the care, custody, control, or                information with the intent to misrepresent the information, including
supervision of the Department of Corrections.                                    documents, summaries of public records information provided by law
   (a) A sexual predator must report in person each year during the              enforcement agencies, or public records information displayed by law
month of the sexual predator's birthday and during the sixth month               enforcement agencies on websites or provided through other means of
following the sexual predator's birth month to the sheriff's office in the       communication, commits a misdemeanor of the first degree, punishable
county in which he or she resides or is otherwise located to reregister.         as provided in s. 775.082 or s. 775.083.
The sheriff's office may determine the appropriate times and days for               (d) A sexual predator who commits any act or omission in violation of
reporting by the sexual predator, which shall be consistent with the             this section may be prosecuted for the act or omission in the county in
reporting requirements of this paragraph. Reregistration shall include any       which the act or omission was committed, the county of the last
changes to the following information:                                            registered address of the sexual predator, or the county in which the
   1. Name; social security number; age; race; sex; date of birth; height;       conviction occurred for the offense or offenses that meet the criteria for
weight; hair and eye color; address of any permanent residence and               designating a person as a sexual predator. In addition, a sexual predator
address of any current temporary residence, within the state or out of           may be prosecuted for any such act or omission in the county in which he
state, including a rural route address and a post office box; date and place     or she was designated a sexual predator.
of any employment; vehicle make, model, color, and license tag number;              (e) An arrest on charges of failure to register, the service of an
fingerprints; and photograph. A post office box shall not be provided in         information or a complaint for a violation of this section, or an
lieu of a physical residential address.                                          arraignment on charges for a violation of this section constitutes actual
   2. If the sexual predator is enrolled, employed, or carrying on a             notice of the duty to register when the predator has been provided and
vocation at an institution of higher education in this state, the sexual         advised of his or her statutory obligation to register under subsection (6).
predator shall also provide to the department the name, address, and             A sexual predator's failure to immediately register as required by this
county of each institution, including each campus attended, and the              section following such arrest, service, or arraignment constitutes grounds
sexual predator's enrollment or employment status.                               for a subsequent charge of failure to register. A sexual predator charged
   3. If the sexual predator's place of residence is a motor vehicle, trailer,   with the crime of failure to register who asserts, or intends to assert, a
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                          637


lack of notice of the duty to register as a defense to a charge of failure to   Florida         Felony
register shall immediately register as required by this section. A sexual       Statute         Degree   Description
predator who is charged with a subsequent failure to register may not
assert the defense of a lack of notice of the duty to register.
   (f) Registration following such arrest, service, or arraignment is not a
defense and does not relieve the sexual predator of criminal liability for                               (f) LEVEL 6
the failure to register.                                                        316.193(2)(b)   3rd      Felony DUI, 4th or
   (g) Any person who has reason to believe that a sexual predator is not                                subsequent
complying, or has not complied, with the requirements of this section and                                conviction.
who, with the intent to assist the sexual predator in eluding a law             499.0051(3)     2nd      Forgery of pedigree
enforcement agency that is seeking to find the sexual predator to question                               papers.
the sexual predator about, or to arrest the sexual predator for, his or her     499.0051(4)     2nd      Purchase or receipt of
noncompliance with the requirements of this section:                                                     legend drug from
   1.    Withholds information from, or does not notify, the law                                         unauthorized person.
enforcement agency about the sexual predator's noncompliance with the           499.0051(5)     2nd      Sale of legend drug to
requirements of this section, and, if known, the whereabouts of the sexual                               unauthorized person.
predator;                                                                       775.0875(1)     3rd      Taking firearm from
   2. Harbors, or attempts to harbor, or assists another person in                                       law enforcement
harboring or attempting to harbor, the sexual predator;                                                  officer.
   3. Conceals or attempts to conceal, or assists another person in             775.21(10)      3rd      Sexual predators;
concealing or attempting to conceal, the sexual predator; or                                             failure to register;
   4. Provides information to the law enforcement agency regarding the                                   failure to renew
sexual predator which the person knows to be false information,                                          driver's license or
                                                                                                         identification card.
 commits a felony of the third degree, punishable as provided in s.             784.021(1)(a)   3rd      Aggravated assault;
775.082, s. 775.083, or s. 775.084. This paragraph does not apply if the                                 deadly weapon
sexual predator is incarcerated in or is in the custody of a state                                       without intent to kill.
correctional facility, a private correctional facility, a local jail, or a      784.021(1)(b)   3rd      Aggravated assault;
federal correctional facility.                                                                           intent to commit
    Section 4. Paragraph (a) of subsection (3) of section 775.082, Florida                               felony.
Statutes, is amended to read:                                                   784.041         3rd      Felony battery.
   775.082 Penalties; applicability of sentencing structures; mandatory         784.048(3)      3rd      Aggravated stalking;
minimum sentences for certain reoffenders previously released from                                       credible threat.
prison.--                                                                       784.048(5)      3rd      Aggravated stalking
                                                                                                         of person under 16.
   (3) A person who has been convicted of any other designated felony
                                                                                784.07(2)(c)    2nd      Aggravated assault on
may be punished as follows:
                                                                                                         law enforcement
   (a)1. For a life felony committed prior to October 1, 1983, by a term
                                                                                                         officer.
of imprisonment for life or for a term of years not less than 30.
                                                                                784.074(1)(b)   2nd      Aggravated assault on
   2. For a life felony committed on or after October 1, 1983, by a term
                                                                                                         sexually violent
of imprisonment for life or by a term of imprisonment not exceeding 40
                                                                                                         predators facility
years.
                                                                                                         staff.
   3. Except as provided in subparagraph 4., for a life felony committed        784.08(2)(b)    2nd      Aggravated assault on
on or after July 1, 1995, by a term of imprisonment for life or by                                       a person 65 years of
imprisonment for a term of years not exceeding life imprisonment.                                        age or older.
   4. For a life felony committed on or after September 1, 2005, which is       784.081(2)      2nd      Aggravated assault on
a violation of s. 800.04(5)(b), by:                                                                      specified official or
   a. A term of imprisonment for life; or                                                                employee.
   b. A split sentence that is a term of not less than 25 years                 784.082(2)      2nd      Aggravated assault by
imprisonment and not exceeding life imprisonment, followed by                                            detained person on
probation or community control for the remainder of the person's natural                                 visitor or other
life, as provided in s. 948.012(4).                                                                      detainee.
    Section 5. Paragraph (b) of subsection (5) of section 800.04, Florida       784.083(2)      2nd      Aggravated assault on
Statutes, is amended to read:                                                                            code inspector.
   800.04 Lewd or lascivious offenses committed upon or in the presence         787.02(2)       3rd      False imprisonment;
of persons less than 16 years of age.--                                                                  restraining with
   (5) LEWD OR LASCIVIOUS MOLESTATION.--                                                                 purpose other than
   (b) An offender 18 years of age or older who commits lewd or                                          those in s. 787.01.
lascivious molestation against a victim less than 12 years of age commits       790.115(2)(d)   2nd      Discharging firearm
a life felony of the first degree, punishable as provided in s.                                          or weapon on school
775.082(3)(a)4. s. 775.082, s. 775.083, or s. 775.084.                                                   property.
    Section 6. Paragraphs (f), (g), and (i) of subsection (3) of section        790.161(2)      2nd      Make, possess, or
921.0022, Florida Statutes, are amended to read:                                                         throw destructive
   921.0022 Criminal Punishment Code; offense severity ranking chart.--                                  device with intent to
   (3) OFFENSE SEVERITY RANKING CHART                                                                    do bodily harm or
                                                                                                         damage property.
638                     JOURNAL OF THE HOUSE OF REPRESENTATIVES                  April 22, 2005


790.164(1)        2nd        False report of deadly                            $20,000.
                             explosive, weapon of      827.03(1)         3rd   Abuse of a child.
                             mass destruction, or      827.03(3)(c)      3rd   Neglect of a child.
                             act of arson or           827.071(2)&(3)    2nd   Use or induce a child
                             violence to state                                 in a sexual
                             property.                                         performance, or
790.19            2nd        Shooting or throwing                              promote or direct
                             deadly missiles into                              such performance.
                             dwellings, vessels, or    836.05            2nd   Threats; extortion.
                             vehicles.                 836.10            2nd   Written threats to kill
794.011(8)(a)     3rd        Solicitation of minor                             or do bodily injury.
                             to participate in         843.12            3rd   Aids or assists person
                             sexual activity by                                to escape.
                             custodial adult.          847.0135(3)       3rd   Solicitation of a child,
794.05(1)         2nd        Unlawful sexual                                   via a computer
                             activity with specified                           service, to commit an
                             minor.                                            unlawful sex act.
800.04(5)(d)      3rd        Lewd or lascivious        914.23            2nd   Retaliation against a
                             molestation; victim 12                            witness, victim, or
                             years of age or older                             informant, with
                             but less than 16 years;                           bodily injury.
                             offender less than 18     943.0435(9)       3rd   Sex offenders; failure
                             years.                                            to comply with
800.04(6)(b)      2nd        Lewd or lascivious                                reporting
                             conduct; offender 18                              requirements.
                             years of age or older.    944.35(3)(a)2.    3rd   Committing malicious
806.031(2)        2nd        Arson resulting in                                battery upon or
                             great bodily harm to                              inflicting cruel or
                             firefighter or any                                inhuman treatment on
                             other person.                                     an inmate or offender
810.02(3)(c)      2nd        Burglary of occupied                              on community
                             structure; unarmed;                               supervision, resulting
                             no assault or battery.                            in great bodily harm.
812.014(2)(b)1.   2nd        Property stolen           944.40            2nd   Escapes.
                             $20,000 or more, but      944.46            3rd   Harboring,
                             less than $100,000,                               concealing, aiding
                             grand theft in 2nd                                escaped prisoners.
                             degree.                   944.47(1)(a)5.    2nd   Introduction of
812.015(9)        2nd        Retail theft; property                            contraband (firearm,
                             stolen $300 or more;                              weapon, or explosive)
                             second or subsequent                              into correctional
                             conviction.                                       facility.
812.13(2)(c)      2nd        Robbery, no firearm       951.22(1)         3rd   Intoxicating drug,
                             or other weapon                                   firearm, or weapon
                             (strong-arm robbery).                             introduced into
817.034(4)(a)1.   1st        Communications                                    county facility.
                             fraud, value greater                              (g) LEVEL 7
                             than $50,000.             316.027(1)(b)     2nd   Accident involving
817.4821(5)       2nd        Possess cloning                                   death, failure to stop;
                             paraphernalia with                                leaving scene.
                             intent to create cloned   316.193(3)(c)2.   3rd   DUI resulting in
                             cellular telephones.                              serious bodily injury.
825.102(1)        3rd        Abuse of an elderly       316.1935(3)(b)    1st   Causing serious
                             person or disabled                                bodily injury or death
                             adult.                                            to another person;
825.102(3)(c)     3rd        Neglect of an elderly                             driving at high speed
                             person or disabled                                or with wanton
                             adult.                                            disregard for safety
825.1025(3)       3rd        Lewd or lascivious                                while fleeing or
                             molestation of an                                 attempting to elude
                             elderly person or                                 law enforcement
                             disabled adult.                                   officer who is in a
825.103(2)(c)     3rd        Exploiting an elderly                             patrol vehicle with
                             person or disabled                                siren and lights
                             adult and property is                             activated.
                             valued at less than       327.35(3)(c)2.    3rd   Vessel BUI resulting
April 22, 2005         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                639


                            in serious bodily                                 unlawfully obtained
                            injury.                                           exceeded $50,000 and
402.319(2)       2nd        Misrepresentation and                             there were five or
                            negligence or                                     more victims.
                            intentional act           560.123(8)(b)1.   3rd   Failure to report
                            resulting in great                                currency or payment
                            bodily harm,                                      instruments exceeding
                            permanent                                         $300 but less than
                            disfiguration,                                    $20,000 by money
                            permanent disability,                             transmitter.
                            or death.                 560.125(5)(a)     3rd   Money transmitter
409.920(2)       3rd        Medicaid provider                                 business by
                            fraud.                                            unauthorized person,
456.065(2)       3rd        Practicing a health                               currency or payment
                            care profession                                   instruments exceeding
                            without a license.                                $300 but less than
456.065(2)       2nd        Practicing a health                               $20,000.
                            care profession           655.50(10)(b)1.   3rd   Failure to report
                            without a license                                 financial transactions
                            which results in                                  exceeding $300 but
                            serious bodily injury.                            less than $20,000 by
458.327(1)       3rd        Practicing medicine                               financial institution.
                            without a license.        775.21(10)(a)     3rd   Sexual predator;
459.013(1)       3rd        Practicing osteopathic                            failure to register;
                            medicine without a                                failure to renew
                            license.                                          driver's license or
460.411(1)       3rd        Practicing                                        identification card;
                            chiropractic medicine                             other registration
                            without a license.                                violations.
461.012(1)       3rd        Practicing podiatric      775.21(10)(b)     3rd   Sexual predator
                            medicine without a                                working where
                            license.                                          children regularly
462.17           3rd        Practicing                                        congregate.
                            naturopathy without a     775.21(10)(g)     3rd   Failure to report or
                            license.                                          providing false
463.015(1)       3rd        Practicing optometry                              information about a
                            without a license.                                sexual predator;
464.016(1)       3rd        Practicing nursing                                harbor or conceal a
                            without a license.                                sexual predator.
465.015(2)       3rd        Practicing pharmacy       782.051(3)        2nd   Attempted felony
                            without a license.                                murder of a person by
466.026(1)       3rd        Practicing dentistry or                           a person other than
                            dental hygiene                                    the perpetrator or the
                            without a license.                                perpetrator of an
467.201          3rd        Practicing midwifery                              attempted felony.
                            without a license.        782.07(1)         2nd   Killing of a human
468.366          3rd        Delivering respiratory                            being by the act,
                            care services without                             procurement, or
                            a license.                                        culpable negligence
483.828(1)       3rd        Practicing as clinical                            of another
                            laboratory personnel                              (manslaughter).
                            without a license.        782.071           2nd   Killing of human
483.901(9)       3rd        Practicing medical                                being or viable fetus
                            physics without a                                 by the operation of a
                            license.                                          motor vehicle in a
484.013(1)(c)    3rd        Preparing or                                      reckless manner
                            dispensing optical                                (vehicular homicide).
                            devices without a         782.072           2nd   Killing of a human
                            prescription.                                     being by the operation
484.053          3rd        Dispensing hearing                                of a vessel in a
                            aids without a license.                           reckless manner
494.0018(2)      1st        Conviction of any                                 (vessel homicide).
                            violation of ss.          784.045(1)(a)1.   2nd   Aggravated battery;
                            494.001-494.0077 in                               intentionally causing
                            which the total money                             great bodily harm or
                            and property                                      disfigurement.
640                     JOURNAL OF THE HOUSE OF REPRESENTATIVES                  April 22, 2005


784.045(1)(a)2.   2nd        Aggravated battery;                               age; offender less
                             using deadly weapon.                              than 18 years.
784.045(1)(b)     2nd        Aggravated battery;       800.04(5)(c)2.    2nd   Lewd or lascivious
                             perpetrator aware                                 molestation; victim 12
                             victim pregnant.                                  years of age or older
784.048(4)        3rd        Aggravated stalking;                              but less than 16 years;
                             violation of injunction                           offender 18 years or
                             or court order.                                   older.
784.048(7)        3rd        Aggravated stalking;      806.01(2)         2nd   Maliciously damage
                             violation of court                                structure by fire or
                             order.                                            explosive.
784.07(2)(d)      1st        Aggravated battery on     810.02(3)(a)      2nd   Burglary of occupied
                             law enforcement                                   dwelling; unarmed;
                             officer.                                          no assault or battery.
784.074(1)(a)     1st        Aggravated battery on     810.02(3)(b)      2nd   Burglary of
                             sexually violent                                  unoccupied dwelling;
                             predators facility                                unarmed; no assault
                             staff.                                            or battery.
784.08(2)(a)      1st        Aggravated battery on     810.02(3)(d)      2nd   Burglary of occupied
                             a person 65 years of                              conveyance; unarmed;
                             age or older.                                     no assault or battery.
784.081(1)        1st        Aggravated battery on     812.014(2)(a)1.   1st   Property stolen,
                             specified official or                             valued at $100,000 or
                             employee.                                         more; property stolen
784.082(1)        1st        Aggravated battery by                             while causing other
                             detained person on                                property damage; 1st
                             visitor or other                                  degree grand theft.
                             detainee.                 812.014(2)(b)2.   2nd   Property stolen, cargo
784.083(1)        1st        Aggravated battery on                             valued at less than
                             code inspector.                                   $50,000, grand theft
790.07(4)         1st        Specified weapons                                 in 2nd degree.
                             violation subsequent      812.014(2)(b)3.   2nd   Property stolen,
                             to previous conviction                            emergency medical
                             of s. 790.07(1) or (2).                           equipment; 2nd
790.16(1)         1st        Discharge of a                                    degree grand theft.
                             machine gun under         812.0145(2)(a)    1st   Theft from person 65
                             specified                                         years of age or older;
                             circumstances.                                    $50,000 or more.
790.165(2)        2nd        Manufacture, sell,        812.019(2)        1st   Stolen property;
                             possess, or deliver                               initiates, organizes,
                             hoax bomb.                                        plans, etc., the theft of
790.165(3)        2nd        Possessing,                                       property and traffics
                             displaying, or                                    in stolen property.
                             threatening to use any    812.131(2)(a)     2nd   Robbery by sudden
                             hoax bomb while                                   snatching.
                             committing or             812.133(2)(b)     1st   Carjacking; no
                             attempting to commit                              firearm, deadly
                             a felony.                                         weapon, or other
790.166(3)        2nd        Possessing, selling,                              weapon.
                             using, or attempting      817.234(8)(a)     2nd   Solicitation of motor
                             to use a hoax weapon                              vehicle accident
                             of mass destruction.                              victims with intent to
790.166(4)        2nd        Possessing,                                       defraud.
                             displaying, or            817.234(9)        2nd   Organizing, planning,
                             threatening to use a                              or participating in an
                             hoax weapon of mass                               intentional motor
                             destruction while                                 vehicle collision.
                             committing or             817.234(11)(c)    1st   Insurance fraud;
                             attempting to commit                              property value
                             a felony.                                         $100,000 or more.
796.03            2nd        Procuring any person      817.2341(2)(b)&   1st   Making false entries
                             under 16 years for         (3)(b)                 of material fact or
                             prostitution.                                     false statements
800.04(5)(c)1.    2nd        Lewd or lascivious                                regarding property
                             molestation; victim                               values relating to the
                             less than 12 years of                             solvency of an
April 22, 2005         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                 641


                            insuring entity which                             893.03(1)(a), (1)(b),
                            are a significant cause                           (1)(d), (2)(a), (2)(b),
                            of the insolvency of                              or (2)(c)4. drugs).
                            that entity.              893.135(1)(a)1.   1st   Trafficking in
825.102(3)(b)    2nd        Neglecting an elderly                             cannabis, more than
                            person or disabled                                25 lbs., less than
                            adult causing great                               2,000 lbs.
                            bodily harm,              893.135           1st   Trafficking in
                            disability, or             (1)(b)1.a.             cocaine, more than 28
                            disfigurement.                                    grams, less than 200
825.103(2)(b)    2nd        Exploiting an elderly                             grams.
                            person or disabled        893.135           1st   Trafficking in illegal
                            adult and property is      (1)(c)1.a.             drugs, more than 4
                            valued at $20,000 or                              grams, less than 14
                            more, but less than                               grams.
                            $100,000.                 893.135           1st   Trafficking in
827.03(3)(b)     2nd        Neglect of a child         (1)(d)1.               phencyclidine, more
                            causing great bodily                              than 28 grams, less
                            harm, disability, or                              than 200 grams.
                            disfigurement.            893.135(1)(e)1.   1st   Trafficking in
827.04(3)        3rd        Impregnation of a                                 methaqualone, more
                            child under 16 years                              than 200 grams, less
                            of age by person 21                               than 5 kilograms.
                            years of age or older.    893.135(1)(f)1.   1st   Trafficking in
837.05(2)        3rd        Giving false                                      amphetamine, more
                            information about                                 than 14 grams, less
                            alleged capital felony                            than 28 grams.
                            to a law enforcement      893.135           1st   Trafficking in
                            officer.                   (1)(g)1.a.             flunitrazepam, 4
838.015          2nd        Bribery.                                          grams or more, less
838.016          2nd        Unlawful                                          than 14 grams.
                            compensation or           893.135           1st   Trafficking in
                            reward for official        (1)(h)1.a.             gamma-
                            behavior.                                         hydroxybutyric acid
838.021(3)(a)    2nd        Unlawful harm to a                                (GHB), 1 kilogram or
                            public servant.                                   more, less than 5
838.22           2nd        Bid tampering.                                    kilograms.
872.06           2nd        Abuse of a dead           893.135           1st   Trafficking in 1,4-
                            human body.                (1)(j)1.a.             Butanediol, 1
893.13(1)(c)1.   1st        Sell, manufacture, or                             kilogram or more, less
                            deliver cocaine (or                               than 5 kilograms.
                            other drug prohibited     893.135           1st   Trafficking in
                            under s. 893.03(1)(a),     (1)(k)2.a.             Phenethylamines, 10
                            (1)(b), (1)(d), (2)(a),                           grams or more, less
                            (2)(b), or (2)(c)4.)                              than 200 grams.
                            within 1,000 feet of a    896.101(5)(a)     3rd   Money laundering,
                            child care facility,                              financial transactions
                            school, or state,                                 exceeding $300 but
                            county, or municipal                              less than $20,000.
                            park or publicly          896.104(4)(a)1.   3rd   Structuring
                            owned recreational                                transactions to evade
                            facility or community                             reporting or
                            center.                                           registration
893.13(1)(e)1.   1st        Sell, manufacture, or                             requirements,
                            deliver cocaine or                                financial transactions
                            other drug prohibited                             exceeding $300 but
                            under s. 893.03(1)(a),                            less than $20,000.
                            (1)(b), (1)(d), (2)(a),   943.0435(4)(c)    2nd   Sexual offender
                            (2)(b), or (2)(c)4.,                              vacating permanent
                            within 1,000 feet of                              residence; failure to
                            property used for                                 comply with reporting
                            religious services or a                           requirements.
                            specified business        943.0435(8)       2nd   Sexual offender;
                            site.                                             remains in state after
893.13(4)(a)     1st        Deliver to minor                                  indicating intent to
                            cocaine (or other s.                              leave; failure to
642                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                      April 22, 2005


                              comply with reporting                                 collar crime.
                              requirements.              782.04(1)        1st       Attempt, conspire, or
943.0435(9)(a)     3rd        Sexual offender;                                      solicit to commit
                              failure to comply with                                premeditated murder.
                              reporting                  782.04(3)        1st,PBL   Accomplice to murder
                              requirements.                                         in connection with
943.0435(13)       3rd        Failure to report or                                  arson, sexual battery,
                              providing false                                       robbery, burglary, and
                              information about a                                   other specified
                              sexual offender;                                      felonies.
                              harbor or conceal a        782.051(1)       1st       Attempted felony
                              sexual offender.                                      murder while
943.0435(14)       3rd        Sexual offender;                                      perpetrating or
                              failure to report and                                 attempting to
                              reregister; failure to                                perpetrate a felony
                              respond to address                                    enumerated in s.
                              verification.                                         782.04(3).
944.607(9)         3rd        Sexual offender;           782.07(2)        1st       Aggravated
                              failure to comply with                                manslaughter of an
                              reporting                                             elderly person or
                              requirements.                                         disabled adult.
944.607(10)(a)     3rd        Sexual offender;           787.01(1)(a)1.   1st,PBL   Kidnapping; hold for
                              failure to submit to                                  ransom or reward or
                              the taking of a                                       as a shield or hostage.
                              digitized photograph.      787.01(1)(a)2.   1st,PBL   Kidnapping with
944.607(12)        3rd        Failure to report or                                  intent to commit or
                              providing false                                       facilitate commission
                              information about a                                   of any felony.
                              sexual offender;           787.01(1)(a)4.   1st,PBL   Kidnapping with
                              harbor or conceal a                                   intent to interfere with
                              sexual offender.                                      performance of any
944.607(13)        3rd        Sexual offender;                                      governmental or
                              failure to report and                                 political function.
                              reregister; failure to     787.02(3)(a)     1st       False imprisonment;
                              respond to address                                    child under age 13;
                              verification.                                         perpetrator also
                              (i) LEVEL 9                                           commits aggravated
316.193            1st        DUI manslaughter;                                     child abuse, sexual
 (3)(c)3.b.                   failing to render aid or                              battery, or lewd or
                              give information.                                     lascivious battery,
327.35(3)(c)3.b.   1st        BUI manslaughter;                                     molestation, conduct,
                              failing to render aid or                              or exhibition.
                              give information.          790.161          1st       Attempted capital
499.0053           1st        Sale or purchase of                                   destructive device
                              contraband legend                                     offense.
                              drugs resulting in         790.166(2)       1st,PBL   Possessing, selling,
                              great bodily harm.                                    using, or attempting
560.123(8)(b)3.    1st        Failure to report                                     to use a weapon of
                              currency or payment                                   mass destruction.
                              instruments totaling       794.011(2)       1st       Attempted sexual
                              or exceeding                                          battery; victim less
                              $100,000 by money                                     than 12 years of age.
                              transmitter.               794.011(2)       Life      Sexual battery;
560.125(5)(c)      1st        Money transmitter                                     offender younger than
                              business by                                           18 years and commits
                              unauthorized person,                                  sexual battery on a
                              currency, or payment                                  person less than 12
                              instruments totaling                                  years.
                              or exceeding               794.011(4)       1st       Sexual battery; victim
                              $100,000.                                             12 years or older,
655.50(10)(b)3.    1st        Failure to report                                     certain circumstances.
                              financial transactions     794.011(8)(b)    1st       Sexual battery;
                              totaling or exceeding                                 engage in sexual
                              $100,000 by financial                                 conduct with minor
                              institution.                                          12 to 18 years by
775.0844           1st        Aggravated white                                      person in familial or
April 22, 2005               JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                             643


                                  custodial authority.      893.135                   1st                       Trafficking in 1,4-
800.04(5)(b)      Life 1st        Lewd or lascivious         (1)(j)1.c.                                         Butanediol, 10
                                  molestation; victim                                                           kilograms or more.
                                  less than 12 years;       893.135                   1st                       Trafficking in
                                  offender 18 years or       (1)(k)2.c.                                         Phenethylamines, 400
                                  older.                                                                        grams or more.
812.13(2)(a)      1st,PBL         Robbery with firearm      896.101(5)(c)             1st                       Money laundering,
                                  or other deadly                                                               financial instruments
                                  weapon.                                                                       totaling or exceeding
812.133(2)(a)     1st,PBL         Carjacking; firearm or                                                        $100,000.
                                  other deadly weapon.      896.104(4)(a)3.           1st                       Structuring
812.135(2)(b)     1st             Home-invasion                                                                 transactions to evade
                                  robbery with weapon.                                                          reporting or
817.568(7)        2nd,PBL         Fraudulent use of                                                             registration
                                  personal identification                                                       requirements,
                                  information of an                                                             financial transactions
                                  individual under the                                                          totaling or exceeding
                                  age of 18 by his or her                                                       $100,000.
                                  parent, legal guardian,
                                  or person exercising          Section 7. Paragraph (o) is added to subsection (5) of section 921.141,
                                  custodial authority.      Florida Statutes, to read:
827.03(2)         1st             Aggravated child             921.141 Sentence of death or life imprisonment for capital felonies;
                                  abuse.                    further proceedings to determine sentence.--
847.0145(1)       1st             Selling, or otherwise        (5)          AGGRAVATING             CIRCUMSTANCES.--Aggravating
                                  transferring custody      circumstances shall be limited to the following:
                                  or control, of a minor.
                                                               (o) The capital felony was committed by a person designated as a
847.0145(2)       1st             Purchasing, or
                                                            sexual predator pursuant to s. 775.21 or a person previously designated as
                                  otherwise obtaining
                                                            a sexual predator who had the sexual-predator designation removed.
                                  custody or control, of
                                                                Section 8. Subsection (5) is added to section 943.043, Florida
                                  a minor.
                                                            Statutes, to read:
859.01            1st             Poisoning or
                                  introducing bacteria,        943.043 Toll-free telephone number; Internet notification; sexual
                                  radioactive materials,    predator and sexual offender information.--
                                  viruses, or chemical         (5) In an effort to ensure that sexual predators and sexual offenders
                                  compounds into food,      who fail to respond to address-verification attempts or who otherwise
                                  drink, medicine, or       abscond from registration are located in a timely manner, the department
                                  water with intent to      shall share information with local law enforcement agencies. The
                                  kill or injure another    department shall use analytical resources to assist local law enforcement
                                  person.                   agencies to determine the potential whereabouts of any sexual predator or
893.135           1st             Attempted capital         sexual offender who fails to respond to address-verification attempts or
                                  trafficking offense.      who otherwise absconds from registration. The department shall review
893.135(1)(a)3.   1st             Trafficking in            and analyze all available information concerning any such predator or
                                  cannabis, more than       offender who fails to respond to address-verification attempts or who
                                  10,000 lbs.               otherwise absconds from registration and provide the information to local
893.135           1st             Trafficking in            law enforcement agencies in order to assist the agencies in locating and
 (1)(b)1.c.                       cocaine, more than        apprehending the sexual predator or sexual offender.
                                  400 grams, less than          Section 9. Subsections (13) and (14) are added to section 943.0435,
                                  150 kilograms.            Florida Statutes, to read:
893.135           1st             Trafficking in illegal       943.0435 Sexual offenders required to register with the department;
 (1)(c)1.c.                       drugs, more than 28       penalty.--
                                  grams, less than 30          (13) Any person who has reason to believe that a sexual offender is
                                  kilograms.                not complying, or has not complied, with the requirements of this section
893.135           1st             Trafficking in            and who, with the intent to assist the sexual offender in eluding a law
 (1)(d)1.c.                       phencyclidine, more       enforcement agency that is seeking to find the sexual offender to question
                                  than 400 grams.           the sexual offender about, or to arrest the sexual offender for, his or her
893.135           1st             Trafficking in            noncompliance with the requirements of this section:
 (1)(e)1.c.                       methaqualone, more           1.    Withholds information from, or does not notify, the law
                                  than 25 kilograms.        enforcement agency about the sexual offender's noncompliance with the
893.135           1st             Trafficking in            requirements of this section, and, if known, the whereabouts of the sexual
 (1)(f)1.c.                       amphetamine, more         offender;
                                  than 200 grams.              2. Harbors, or attempts to harbor, or assists another person in
893.135           1st             Trafficking in            harboring or attempting to harbor, the sexual offender; or
 (1)(h)1.c.                       gamma-                       3. Conceals or attempts to conceal, or assists another person in
                                  hydroxybutyric acid       concealing or attempting to conceal, the sexual offender; or
                                  (GHB), 10 kilograms          4. Provides information to the law enforcement agency regarding the
                                  or more.                  sexual offender that the person knows to be false information,
644                                       JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 22, 2005


commits a felony of the third degree, punishable as provided in s.               offender;
775.082, s. 775.083, or s. 775.084.                                                2. Harbors, or attempts to harbor, or assists another person in
   (14)(a) A sexual offender must report in person each year during the          harboring or attempting to harbor, the sexual offender; or
month of the sexual offender's birthday and during the sixth month                 3. Conceals or attempts to conceal, or assists another person in
following the sexual offender's birth month to the sheriff's office in the       concealing or attempting to conceal, the sexual offender; or
county in which he or she resides or is otherwise located to reregister.           4. Provides information to the law enforcement agency regarding the
The sheriff's office may determine the appropriate times and days for            sexual offender which the person knows to be false information,
reporting by the sexual offender, which shall be consistent with the
reporting requirements of this paragraph. Reregistration shall include any        commits a felony of the third degree, punishable as provided in s.
changes to the following information:                                            775.082, s. 775.083, or s. 775.084. This subsection does not apply if the
   1. Name; social security number; age; race; sex; date of birth; height;       sexual offender is incarcerated in or is in the custody of a state
weight; hair and eye color; address of any permanent residence and               correctional facility, a private correctional facility, a local jail, or a
address of any current temporary residence, within the state or out of           federal correctional facility.
state, including a rural route address and a post office box; date and place        (13)(a) A sexual offender must report in person each year during the
of any employment; vehicle make, model, color, and license tag number;           month of the sexual offender's birthday and during the sixth month
fingerprints; and photograph. A post office box shall not be provided in         following the sexual offender's birth month to the sheriff's office in the
lieu of a physical residential address.                                          county in which he or she resides or is otherwise located to reregister.
   2. If the sexual offender is enrolled, employed, or carrying on a             The sheriff's office may determine the appropriate times and days for
vocation at an institution of higher education in this state, the sexual         reporting by the sexual offender, which shall be consistent with the
offender shall also provide to the department the name, address, and             reporting requirements of this paragraph. Reregistration shall include any
county of each institution, including each campus attended, and the              changes to the following information:
sexual offender's enrollment or employment status.                                  1. Name; social security number; age; race; sex; date of birth; height;
   3. If the sexual offender's place of residence is a motor vehicle, trailer,   weight; hair and eye color; address of any permanent residence and
mobile home, or manufactured home, as defined in chapter 320, the                address of any current temporary residence, within the state or out of
sexual offender shall also provide vehicle identification number; the            state, including a rural route address and a post office box; date and place
license tag number; the registration number; and a description, including        of any employment; vehicle make, model, color, and license tag number;
color scheme, of the motor vehicle, trailer, mobile home, or manufactured        fingerprints; and photograph. A post office box shall not be provided in
home. If the sexual offender's place of residence is a vessel, live-aboard       lieu of a physical residential address.
vessel, or houseboat, as defined in chapter 327, the sexual offender shall          2. If the sexual offender is enrolled, employed, or carrying on a
also provide the hull identification number; the manufacturer's serial           vocation at an institution of higher education in this state, the sexual
number; the name of the vessel, live-aboard vessel, or houseboat; the            offender shall also provide to the department the name, address, and
registration number; and a description, including color scheme, of the           county of each institution, including each campus attended, and the
vessel, live-aboard vessel or houseboat.                                         sexual offender's enrollment or employment status.
   4. Any sexual offender who fails to report in person as required at the          3. If the sexual offender's place of residence is a motor vehicle, trailer,
sheriff's office, or who fails to respond to any address verification            mobile home, or manufactured home, as defined in chapter 320, the
correspondence from the department within three weeks of the date of the         sexual offender shall also provide vehicle identification number; the
correspondence, commits a felony of the third degree, punishable as              license tag number; the registration number; and a description, including
provided in s. 775.082, s. 775.083, or s. 775.084.                               color scheme, of the motor vehicle, trailer, mobile home, or manufactured
   (b) The sheriff's office shall, within 2 working days, electronically         home. If the sexual offender's place of residence is a vessel, live-aboard
submit and update all information provided by the sexual offender to the         vessel, or houseboat, as defined in chapter 327, the sexual offender shall
department in a manner prescribed by the department. This procedure              also provide the hull identification number; the manufacturer's serial
shall be implemented by December 1, 2005.                                        number; the name of the vessel, live-aboard vessel, or houseboat; the
    Section 10. Section 943.04352, Florida Statutes, is created to read:         registration number; and a description, including color scheme, of the
   943.04352 Search of registration information regarding sexual                 vessel, live-aboard vessel, or houseboat.
predators and sexual offenders required when placement on misdemeanor               4. Any sexual offender who fails to report in person as required at the
probation.--When the court places a defendant on misdemeanor probation           sheriff's office, or who fails to respond to any address verification
pursuant to ss. 948.01 and 948.15, the public or private entity providing        correspondence from the department within three weeks of the date of the
probation services must conduct a search of the probationer's name or            correspondence, commits a felony of the third degree, punishable as
other identifying information against the registration information               provided in s. 775.082, s. 775.083, and s. 775.084.
regarding sexual predators and sexual offenders maintained by the                   (b) The sheriff's office shall, within 2 working days, electronically
Department of Law Enforcement under s. 943.043. The probation                    submit and update all information provided by the sexual offender to the
services provider may conduct the search using the Internet site                 Florida Department of Law Enforcement in a manner prescribed by the
maintained by the Department of Law Enforcement.                                 Florida Department of Law Enforcement. This procedure shall be
    Section 11. Subsections (12) and (13) are added to section 944.607,          implemented by December 1, 2005.
Florida Statutes, to read:                                                           Section 12. Subsection (10) is added to section 947.1405, Florida
   944.607      Notification to Department of Law Enforcement of                 Statutes, to read:
information on sexual offenders.--                                                  947.1405 Conditional release program.--
   (12) Any person who has reason to believe that a sexual offender is              (10) Effective for a releasee whose crime was committed on or after
not complying, or has not complied, with the requirements of this section        September 1, 2005, in violation of chapter 794, s. 800.04(4), (5), or (6), s.
and who, with the intent to assist the sexual offender in eluding a law          827.071, or s. 847.0145, and the unlawful activity involved a victim who
enforcement agency that is seeking to find the sexual offender to question       was 15 years of age or younger and the offender is 18 years of age or
the sexual offender about, or to arrest the sexual offender for, his or her      older or for a releasee who is designated as a sexual predator pursuant to
noncompliance with the requirements of this section:                             s. 775.21, in addition to any other provision of this section, the
   1.    Withholds information from, or does not notify, the law                 commission must order electronic monitoring for the duration of the
enforcement agency about the sexual offender's non-compliance with the           releasee's supervision.
requirements of this section, and, if known, the whereabouts of the sexual           Section 13. Subsection (4) of section 948.06, Florida Statutes, is
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                    645


amended to read:                                                               follows:
   948.06 Violation of probation or community control; revocation;                (a) If the offender meets the terms and conditions of probation or
modification; continuance; failure to pay restitution or cost of               community control, any term of incarceration may be modified by court
supervision.--                                                                 order to eliminate the term of incarceration.
   (4) Notwithstanding any other provision of this section, a probationer         (b) If the offender does not meet the terms and conditions of probation
or an offender in community control who is arrested for violating his or       or community control, the court may revoke, modify, or continue the
her probation or community control in a material respect may be taken          probation or community control as provided in s. 948.06. If the probation
before the court in the county or circuit in which the probationer or          or community control is revoked, the court may impose any sentence that
offender was arrested. That court shall advise him or her of such charge       it could have imposed at the time the offender was placed on probation or
of a violation and, if such charge is admitted, shall cause him or her to be   community control. The court may not provide credit for time served for
brought before the court which granted the probation or community              any portion of a probation or community control term toward a
control. If such violation is not admitted by the probationer or offender,     subsequent term of probation or community control. However, the court
the court may commit him or her or release him or her with or without          may not impose a subsequent term of probation or community control
bail to await further hearing. However, if the probationer or offender is      which, when combined with any amount of time served on preceding
under supervision for any criminal offense proscribed in chapter 794, s.       terms of probation or community control for offenses pending before the
800.04(4), s. 800.04(5), s. 800.04(6), s. 827.071, or s. 847.0145, or is a     court for sentencing, would exceed the maximum penalty allowable as
registered sexual predator or a registered sexual offender, or is under        provided in s. 775.082. Such term of incarceration shall be served under
supervision for a criminal offense for which he or she would meet the          applicable law or county ordinance governing service of sentences in
registration criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the     state or county jurisdiction. This paragraph does not prohibit any other
effective date of those sections, the court must make a finding that the       sanction provided by law.
probationer or offender is not a danger to the public prior to release with       (3) The court may also impose split probation whereby, upon
or without bail. In determining the danger posed by the offender or            satisfactory completion of half the term of probation, the Department of
probationer's release, the court may consider the nature and                   Corrections may place the offender on administrative probation for the
circumstances of the violation and any new offenses charged; the               remainder of the term of supervision.
offender or probationer's past and present conduct, including convictions         (4) Effective for offenses committed on or after September 1, 2005,
of crimes; any record of arrests without conviction for crimes involving       the court must impose a split sentence pursuant to subsection (1) for any
violence or sexual crimes; any other evidence of allegations of unlawful       person who is convicted of a life felony for lewd and lascivious
sexual conduct or the use of violence by the offender or probationer; the      molestation pursuant to s. 800.04(5)(b) if the court imposes a term of
offender or probationer's family ties, length of residence in the              years in accordance with s. 775.082(3)4.b. rather than life imprisonment.
community, employment history, and mental condition; his or her history        The probation or community control portion of the split sentence imposed
and conduct during the probation or community control supervision from         by the court for a defendant must extend for the duration of the
which the violation arises and any other previous supervisions, including      defendant's natural life and include a condition that he or she be
disciplinary records of previous incarcerations; the likelihood that the       electronically monitored.
offender or probationer will engage again in a criminal course of conduct;         Section 15. Section 948.061, Florida Statutes, is created to read:
the weight of the evidence against the offender or probationer; and any           948.061 Identifying, assessing, and monitoring high-risk sex offenders
other facts the court considers relevant. The court, as soon as is             on community supervision; providing cumulative criminal and
practicable, shall give the probationer or offender an opportunity to be       supervision histories on the Internet.--
fully heard on his or her behalf in person or by counsel. After such              (1) By December 1, 2005, the department shall develop a graduated
hearing, the court shall make findings of fact and forward the findings to     risk assessment that identifies, assesses, and closely monitors a high-risk
the court which granted the probation or community control and to the          sex offender who is placed on probation or in community control and
probationer or offender or his or her attorney. The findings of fact by the    who:
hearing court are binding on the court which granted the probation or             (a) Has previously been placed on probation or in community control
community control. Upon the probationer or offender being brought              and has a history of committing multiple violations of community
before it, the court which granted the probation or community control          supervision in this state or in any other jurisdiction or have previously
may revoke, modify, or continue the probation or community control or          been incarcerated in this state or in any other jurisdiction; and
may place the probationer into community control as provided in this              (b) Has experienced more than one of the following risk factors that
section.                                                                       could potentially make the offender more likely to pose a danger to
    Section 14. Subsection 948.012, Florida Statutes, is amended to read:      others:
   948.012 Split sentence of probation or community control and                   1. Previous conviction for domestic violence;
imprisonment.--                                                                   2. History of substance abuse;
   (1) Whenever punishment by imprisonment for a misdemeanor or a                 3. Unemployment or substantial financial difficulties;
felony, except for a capital felony, is prescribed, the court, in its             4. Previous conviction for violence or sex acts against children,
discretion, may, at the time of sentencing, impose a split sentence            particularly involving strangers; or
whereby the defendant is to be placed on probation or, with respect to any        5. Any other risk factor identified by the department.
such felony, into community control upon completion of any specified              (2) To facilitate the information available to the court at first
period of such sentence which may include a term of years or less. In          appearance hearings and at all subsequent hearings for these high-risk sex
such case, the court shall stay and withhold the imposition of the             offenders, the department shall, no later than March 1, 2006, post on
remainder of sentence imposed upon the defendant and direct that the           FDLE's Criminal Justice Intranet a cumulative chronology of the sex
defendant be placed upon probation or into community control after             offender's prior terms of state probation and community control,
serving such period as may be imposed by the court. The period of              including all substantive or technical violations of state probation or
probation or community control shall commence immediately upon the             community control. The county jail in the county where the arrested
release of the defendant from incarceration, whether by parole or gain-        person is booked shall insure that state and national criminal history
time allowances.                                                               information and all criminal justice information available in the Florida
   (2) The court may also impose a split sentence whereby the defendant        Crime Information Center and the National Crime Information Center, is
is sentenced to a term of probation which may be followed by a period of       provided to the court at the time of the first appearance. The courts shall
incarceration or, with respect to a felony, into community control, as         assist the department's dissemination of critical information by creating
646                                     JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                     April 22, 2005


and maintaining an automated system to provide the information as                (3)     For those offenders being electronically monitored, the
specified in this subsection and by providing the necessary technology in     Department of Corrections shall develop procedures to determine,
the courtroom to deliver the information.                                     investigate, and report the offender's noncompliance with the terms and
   (3) In monitoring the location of high-risk sex offenders, the             conditions of sentence 24 hours per day. All reports of noncompliance
department, shall, no later than October 1, 2006, have fingerprint-reading    shall be immediately investigated by a community control officer.
equipment and capability that will immediately identify the probationer          (4) The Department of Corrections may contract with local law
or community controllee when they report to their designated probation        enforcement agencies to assist in the location and apprehension of
officer and alert department probation officials when probationers and        offenders who are in noncompliance as reported by the electronic
community controllees are subsequently rearrested.                            monitoring system. This contract is intended to provide the department a
    Section 16. Section 948.062, Florida Statutes, is created to read:        means for providing immediate investigation of noncompliance reports,
   948.062 Reviewing and reporting serious offenses committed by              especially after normal office hours.
offenders placed on probation or community control.--                            (5) Any person being electronically monitored by the department as a
   (1) The department shall review the circumstances related to an            result of placement on community control shall be required to pay a
offender placed on probation or community control who has been                surcharge as provided in s. 948.09(2).
arrested while on supervision for the following offenses:                        (6) For probationers, community controllees, or conditional releasees
   (a) Any murder as provided in s. 782.04;                                   who have current or prior convictions for violent or sexual offenses, the
   (b) Any sexual battery as provided in s. 794.011 or s. 794.023;            department, in carrying out a court or commission order to electronically
   (c) Any sexual performance by a child as provided in s. 827.071;           monitor an offender, must use a system that actively monitors and
   (d) Any kidnapping, false imprisonment, or luring of a child as            identifies the offender's location and timely reports or records the
provided in s. 787.01, s. 782.07, or s. 787.025;                              offender's presence near or within a crime scene or in a prohibited area or
   (e) Any lewd and lascivious battery or lewd and lascivious molestation     the offender's departure from specified geographic limitations.
as provided in s. 800.04(4) or s. 800.04(5);                                  Procurement of electronic monitoring services under this subsection shall
   (f) Any aggravated child abuse as provided in s. 827.03(2);                be by invitation to bid as defined in s. 287.057.
   (g) Any robbery with a firearm or other deadly weapon, home                   (7) A person who intentionally alters, tampers with, damages or
invasion robbery, or carjacking as provided in s. 812.13(2)(a), s. 812.135,   destroys any electronic monitoring equipment pursuant to court or
or s. 812.133;                                                                commission order, unless such person is the owner of the equipment, or
   (h) Any aggravated stalking as provided in s. 784.048(3), (4), or (5);     an agent of the owner, performing ordinary maintenance and repairs
   (i) Any forcible felony as provided in s. 776.08, committed by any         commits a felony of the third degree, punishable as provided in s.
person on probation or community control who is designated as a sexual        775.082, s. 775.083, or s. 775.084.
predator; or                                                                      Section 19. Section 948.15, Florida Statutes, is amended to read:
   (j) Any DUI manslaughter as provided in s. 316.193(3)(c), or                  948.15 Misdemeanor probation services.--
vehicular or vessel homicide as provided in s. 782.071 or s. 787.072,            (1) Defendants found guilty of misdemeanors who are placed on
committed by any person who is on probation or community control for          probation shall be under supervision not to exceed 6 months unless
an offense involving death or injury resulting from a driving incident.       otherwise specified by the court. In relation to any offense other than a
   (2) The department shall provide a statistical data summary from these     felony in which the use of alcohol is a significant factor, the period of
reviews to the Office of Program Policy Analysis and Government               probation may be up to 1 year.
Accountability. The Office of Program Policy Analysis and Government             (2) A private entity or public entity under the supervision of the board
Accountability shall analyze this data and provide a written report to the    of county commissioners or the court may provide probation services for
President of the Senate and the Speaker of the House of Representatives       offenders sentenced by the county court.
by March 1, 2006. The report must include, at a minimum, any identified          (3) Any private entity providing services for the supervision of
systemic deficiencies in managing high-risk offenders on community            misdemeanor probationers must contract with the county in which the
supervision; any patterns of noncompliance by correctional probation          services are to be rendered. In a county with a population of less than
officers; and recommendations for improving the community supervision         70,000, the county court judge, or the administrative judge of the county
program.                                                                      court in a county that has more than one county court judge, must
    Section 17. Section 948.063, Florida Statutes, is created to read:        approve the contract. Terms of the contract must state, but are not limited
   948.063 Violations of probation or community control by designated         to:
sexual offenders and sexual predators.--If probation or community                (a) The extent of the services to be rendered by the entity providing
control is revoked by the court pursuant to s. 948.06(2)(e) and the           supervision or rehabilitation.
offender is designated as a sexual offender or sexual predator pursuant to       (b) Staff qualifications and criminal record checks of staff in
s. 775.21 for unlawful sexual activity involving a victim 15 years of age     accordance with essential standards established by the American
or younger and the offender is 18 years of age or older, and if the court     Correctional Association as of January 1, 1991.
imposes a subsequent term of supervision following the revocation of             (c) Staffing levels.
probation or community control, the court must order electronic                  (d) The number of face-to-face contacts with the offender.
monitoring as a condition of the subsequent term of probation or                 (e) Procedures for handling the collection of all offender fees and
community control.                                                            restitution.
    Section 18. Section 948.11, Florida Statutes, is amended to read:            (f) Procedures for handling indigent offenders which ensure placement
   948.11 Electronic monitoring devices.--                                    irrespective of ability to pay.
   (1)(a)    The Department of Corrections may, at its discretion,               (g) Circumstances under which revocation of an offender's probation
electronically monitor an offender sentenced to community control.            may be recommended.
   (b) The Department of Corrections shall electronically monitor an             (h) Reporting and recordkeeping requirements.
offender sentenced to criminal quarantine community control 24 hours             (i) Default and contract termination procedures.
per day.                                                                         (j) Procedures that aid offenders with job assistance.
   (2) Any offender placed on community control who violates the terms           (k) Procedures for accessing criminal history records of probationers.
and conditions of community control and is restored to community
control may be supervised by means of an electronic monitoring device         In addition, the entity shall supply the chief judge's office with a
or system.                                                                    quarterly report summarizing the number of offenders supervised by the
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                     647


private entity, payment of the required contribution under supervision or          Section 21. Subsection (1) of section 1012.465, Florida Statutes, is
rehabilitation, and the number of offenders for whom supervision or            amended to read:
rehabilitation will be terminated. All records of the entity must be open to      1012.465         Background screening requirements for certain
inspection upon the request of the county, the court, the Auditor General,     noninstructional school district employees and contractors.--
the Office of Program Policy Analysis and Government Accountability,              (1)     Noninstructional school district employees or contractual
or agents thereof.                                                             personnel who are permitted access on school grounds when students are
   (4) A private entity that provides court-ordered services to offenders      present, who have direct contact with students or who have access to or
and that charges a fee for such services must register with the board of       control of school funds must meet level 2 screening requirements as
county commissioners in the county in which the services are offered.          described in s. 1012.32. Contractual personnel shall include any vendor,
The entity shall provide the following information for each program it         individual, or entity under contract with the school board.
operates:                                                                          Section 22. (1)(a) There is created within the Department of Law
   (a) The length of time the program has been operating in the county.        Enforcement a task force for the purpose of examining the collection and
   (b) A list of the staff and a summary of their qualifications.              dissemination of offender information within the criminal justice system
   (c) A summary of the types of services that are offered under the           and community. The task force shall recommend strategies and actions
program.                                                                       that may be implemented to enhance coordination and cooperation among
   (d) The fees the entity charges for court-ordered services and its          the various entities within the criminal justice system with a common
procedures, if any, for handling indigent offenders.                           goal of public safety.
   (5) The private entity providing misdemeanor supervision services              (b) The task force shall consist of the membership of the Criminal
shall also comply with all other applicable provisions of law.                 Justice Information Systems Council set forth in section 943.06, Florida
    Section 20. Subsection (2) of section 948.30, Florida Statutes, is         Statutes.
amended and subsection (3) is added to that section to read:                      (2)(a) The task force shall study and take testimony regarding:
   948.30 Additional terms and conditions of probation or community               1. The collection and dissemination of offender information, including
control for certain sex offenses.--Conditions imposed pursuant to this         criminal history and any other pertinent matters, to the court, the
section do not require oral pronouncement at the time of sentencing and        prosecuting attorney, and defense counsel at first appearance hearings.
shall be considered standard conditions of probation or community                 2. The collection and dissemination of offender information, including
control for offenders specified in this section.                               criminal history and any other pertinent matters, to the court, the
   (2) Effective for a probationer or community controllee whose crime         prosecuting attorney and defense counsel at all court appearances
was committed on or after October 1, 1997, and who is placed on                subsequent to first appearance.
community control or sex offender probation for a violation of chapter            3. The collection and dissemination of offender information, including
794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any other           criminal history and any other pertinent matters, to county probation
provision of this subsection, the court must impose the following              officers or officials.
conditions of probation or community control:                                     4. Any other subject that the task force deems relevant to the
   (a) As part of a treatment program, participation at least annually in      collection and dissemination of offender information within the criminal
polygraph examinations to obtain information necessary for risk                justice system and community.
management and treatment and to reduce the sex offender's denial                  (b) The task force shall submit a preliminary draft report of its
mechanisms. A polygraph examination must be conducted by a                     findings and recommendations to the Governor, the President of the
polygrapher trained specifically in the use of the polygraph for the           Senate, and the Speaker of the House of Representatives at least 45 days
monitoring of sex offenders, where available, and shall be paid for by the     before the first day of the 2006 regular session of the Legislature. The
sex offender. The results of the polygraph examination shall not be used       final report shall be filed with the Governor, the President of the Senate,
as evidence in court to prove that a violation of community supervision        and the Speaker of the House of Representatives at least 30 days before
has occurred.                                                                  the first day of the 2006 regular session. In addition to the findings and
   (b) Maintenance of a driving log and a prohibition against driving a        recommendations included in the final report, the report must include a
motor vehicle alone without the prior approval of the supervising officer.     draft of proposed rules and proposed legislation for any recommendations
   (c) A prohibition against obtaining or using a post office box without      requiring proposed rules and proposed legislation.
the prior approval of the supervising officer.                                    (c) Each state agency shall fully cooperate with the task force in the
   (d) If there was sexual contact, a submission to, at the probationer's or   performance of its duties.
community controllee's expense, an HIV test with the results to be                (3) All meetings of the task force and all business of the task force for
released to the victim or the victim's parent or guardian.                     which reimbursement may be requested shall be concluded before the
   (e) Electronic monitoring when deemed necessary by the community            final report is filed. The task force is abolished July 1, 2006.
control or probation officer and his or her supervisor, and ordered by the         Section 23. The Office of Program Policy Analysis and Governmental
court at the recommendation of the Department of Corrections.                  Accountability shall, every 3 years, perform a study of the effectiveness
   (3) Effective for a probationer or community controllee whose crime         of Florida's sexual predator and sexual offender registration process and
was committed on or after September 1, 2005, and who:                          community and public notification provisions. As part of determining the
   (a) Is placed on probation or community control for a violation of          effectiveness os the registration process, the OPPAGA shall examine the
chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the     current practices of: the Department of Corrections, county probation
unlawful sexual activity involved a victim 15 years of age or younger and      offices, clerk of courts, court administrators, county jails and booking
the offender is 18 years of age or older;                                      facilities, Department of Children and Family Services, judges, state
   (b) Is designated a sexual predator pursuant to s. 775.21; or               attorneys offices, Department of Highway Safety and Motor Vehicles,
   (c) Has previously been convicted of a violation of chapter 794, s.         Department of Law Enforcement, and local law enforcement agencies as
800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual     they relate to: sharing of offender information regarding registered sexual
activity involved a victim 15 years of age or younger and the offender is      predators and sexual offenders for purposes of fulfilling the requirements
18 years of age or older,                                                      set fourth in the registration laws; ensuring the most accurate, current and
                                                                               comprehensive information is provided in a timely manner to the registry;
the court must order, in addition to any other provision of this section,      ensuring the effective supervision and subsequent monitoring of sexual
mandatory electronic monitoring as a condition of the probation or             predators and offenders; and ensuring informed decisions are made at
community control supervision.                                                 each point of the criminal justice and registration process. In addition to
648                                     JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                         April 22, 2005


determining the effectiveness of the registration process, the report shall                                  A bill to be entitled
focus on the question of whether the notification provisions in statute are    An act relating to high-risk offenders; providing a short title; amending s.
sufficient to apprise communities of the presence of sexual predators and      216.136, F.S.; assigning additional responsibilities of the Criminal Justice
sexual offenders. The report shall examine how local law enforcement           Estimating Conference; requiring a study; amending s. 775.21, F.S.;
agencies collect and disseminate information in an effort to notify the        revising sexual predator criteria; extending the period for a petition to
public and communities of the presence of sexual predators and                 remove a sexual predator designation; requiring twice yearly
offenders. If the report finds deficiencies in the registration process, the   reregistration by sexual predators; requiring reregistration information be
notification provisions, or both, the report shall provide options for         provided to the Department of Law Enforcement; providing criminal
correcting those deficiencies and shall include the projected cost of          offenses for failing to reregister, failing to respond to address verification,
implementing those options. In conducting the study, the Office of             failing to report or providing false information about a sexual predator,
Program Policy Analysis and Governmental Accountability shall consult          and harboring or concealing a sexual predator; requiring twice yearly
with the Florida Council Against Sexual Violence and the Florida               reregistration by sexual predators; requiring reregistration information be
Association for the Treatment of Sexual Abusers in addition to other           provided to the Department of Law Enforcement; providing criminal
interested entities that may offer experiences and perspectives unique to      offenses for failing to reregister, failing to respond to address verification,
this area of research. The report shall be submitted to the President of the   failing to report or providing false information about a sexual predator,
Senate and the Speaker of the House of Representatives by January 1,           and harboring or concealing a sexual predator; amending s. 775.082, F.S.;
2006.                                                                          providing for specified sentencing of persons convicted of the life felony
   Section 24. Four full-time positions are authorized and the sum of          offense in s. 800.04(5)(b), F.S.; providing for 25-year mandatory
$196,908 in recurring funds is appropriated from the General Revenue           minimum term of imprisonment; amending s. 800.04, F.S.; providing that
Fund to the Department of Corrections in salaries and benefits for the         it is a life felony for an offender 18 years of age or older to commit lewd
2005-2006 fiscal year. The sum of $15,840 in recurring funds is                or lascivious molestation against a victim younger than 12 years of age;
appropriated from the General Revenue Fund to the Department of                amending s. 921.0022, F.S.; deleting ranking for offenses involving
Corrections for salary incentive payments for the 2005-2006 fiscal year.       sexual predators and sexual offenders failing to comply with registration
The sums of $26,052 in recurring funds and $12,920 in nonrecurring             requirements; ranking offenses involving sexual predators and sexual
funds are appropriated from the General Revenue Fund to the Department         offenders failing to comply with registration requirements and other
of Corrections for expenses for the 2005-2006 fiscal year. The sum of          requirements; ranking new criminal offenses for failing to reregister,
$121,114 in nonrecurring funds is appropriated from the General                failing to respond to address verification, failing to report or providing
Revenue Fund to the Department of Corrections for other capital outlay         false information about a sexual predator or sexual offender, and
for the 2005-2006 fiscal year. The sum of $3,169,530 in nonrecurring           harboring or concealing a sexual predator or sexual offender; correcting a
funds is appropriated from the General Revenue Fund to the Department          reference to the felony degree of a lewd or lascivious offense; amending
of Corrections for fixed capital outlay for new prison beds, and the sum       s. 921.141, F.S.; providing an additional aggravating circumstance
of $164,673 in recurring funds is appropriated from the General Revenue        pertaining to sexual predators for the purpose of imposing the death
Fund to the Department of Corrections for operating costs for the 2005-        penalty; amending s. 943.043, F.S., requiring the Department of Law
2006 fiscal year.                                                              Enforcement to provide to local law enforcement agencies information on
   Section 25. The sum of $3,928,860 in recurring funds is appropriated        sexual predators and sexual offenders who fail to respond to address
from the General Revenue Fund to the Department of Corrections for the         verification attempts or abscond from registration; amending s. 943.0435,
2005-2006 fiscal year for the purpose of increasing by 1,200 units the         F.S.; requiring twice yearly reregistration by sexual offenders; requiring
number of active Global Positioning System electronic monitoring               reregistration information be provided to the Department of Law
devices available to the court when placing offenders on felony probation      Enforcement; providing criminal offenses for failing to reregister, failing
or other forms of community supervision authorized in chapters 948 and         to respond to address verification, failing to report or providing false
947, Florida Statutes. Procurement of electronic monitoring services           information about a sexual offender, and harboring or concealing a sexual
under this act shall be by invitation to bid as defined in section 287.057,    offender; creating s. 943.04352, F.S.; requiring a search of the sexual
Florida Statutes.                                                              offender and sexual predator registry by entities providing probation
   Section 26. Nine full-time positions are authorized and the sum of          services; amending s. 944.607, F.S.; requiring twice yearly reregistration
$389,905 in recurring funds is appropriated from the General Revenue           by sexual offenders; requiring reregistration information be provided to
Fund to the Department of Law Enforcement for salaries and benefits for        the Department of Law Enforcement; providing criminal offenses for
the 2005-2006 fiscal year. The sums of $58,617 in recurring funds and          failing to reregister, failing to respond to address verification, failing to
$77,070 in nonrecurring funds are appropriated from the General                report or providing false information about a sexual offender, and
Revenue Fund to the Department of Law Enforcement for expenses for             harboring or concealing a sexual offender; amending s. 947.1405, F.S.;
the 2005-2006 fiscal year. The sum of $94,200 in nonrecurring funds is         requiring electronic monitoring for certain offenders placed on
appropriated from the General Revenue Fund to the Department of Law            conditional release supervision; amending s. 948.06(4), F.S.; requiring a
Enforcement for operating capital outlay for the 2005-06 fiscal year. The      court finding with regard to dangerousness to the public prior to release
sums of $143,000 in recurring funds and $521,000 in nonrecurring funds         on bail under certain circumstances; amending s. 948.012, F.S.; requiring
are appropriated from the General Revenue Fund to the Department of            the court to impose a split sentence in certain circumstances; creating s.
Law Enforcement for other personal services for the 2005-2006 fiscal           948.061, F.S.; requiring the Department of Corrections to develop a risk
year.                                                                          assessment system to monitor certain offenders placed on probation or
   Section 27. The sums of $509,500 in recurring funds and $2,520,500          community control; requiring increased supervision of such offenders
in nonrecurring funds are appropriated from the General Revenue Fund to        under certain circumstances; requiring that information be provided via
the Office of State Courts Administrator for the 2005-2006 fiscal year for     FDLE's Criminal Justice Intranet to the court by the correctional
other data processing services.                                                probation officer; requiring the court to assist the department by creating
    Section 28. This act shall take effect September 1, 2005.                  and maintaining an automated system; requiring the department to have
                                                                               fingerprint reading equipment and capability by October 1, 2006; creating
And the title is amended as follows:                                           s. 948.062, F.S.; requiring the Department of Corrections to review the
Delete everything before the enacting clause                                   circumstances of certain arrests of offenders on probation or community
                                                                               control; requiring the Office of Program Policy Analysis and Government
and insert:
                                                                               Accountability to analyze the reviews and report to the President of the
April 22, 2005                          JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                 649


Senate and the Speaker of the House of Representatives; creating s.          Taylor                 Troutman         Waters            Zapata
948.063, F.S.; requiring the court to order electronic monitoring for        Traviesa               Vana             Williams
designated sexual offenders and predators who violate probation or
community control; amending s. 948.11, F.S.; requiring the department to     Nays—None
develop and implement procedures to notify certain officials on the
availability of electronic monitoring units; requiring the department to     Votes after roll call:
use certain electronic monitoring systems on high-risk offenders;              Yeas—Ambler, Sobel
prohibiting the intentional altering, tampering, damaging or destroying of
                                                                                 So the bill passed, as amended. The action was immediately certified
any electronic monitoring equipment; amending s. 948.15, F.S.;
                                                                             to the Senate and the bill was ordered enrolled after engrossment.
specifying that the terms of the contract must contain procedures for
accessing criminal history records concerning probationers; amending s.         On motion by Rep. Goodlette, the House moved to the order of—
948.30, F.S.; specifying additional conditions for persons placed on
community control; requiring certain sex offenders and sexual predators
on probation or community control to be placed on electronic monitoring;
                                                                             Special Orders
amending s. 1012.465(1), F.S.; clarifying background screening
requirements for contractual personnel who have access on school             Section I.
grounds; creating a task force within the Department of Law                     HB 569—A bill to be entitled An act relating to the Florida KidCare
Enforcement; requiring the task force to examine the collection and          program; amending s. 409.8132, F.S.; providing for year-round
dissemination of offender information within the criminal justice system     enrollment in the Medikids program component of the Florida KidCare
and community; prescribing task force membership; requiring that the         program; amending s. 409.8134, F.S.; providing for year-round
task force submit findings and recommendations to the Governor and the       enrollment in the Florida KidCare program; providing an effective date.
Legislature; requiring cooperation by state agencies; providing for
abolishing the task force on a specified date; requiring the Office of          The Health & Families Council recommended the following:
Program Policy Analysis and Governmental Accountability to perform a
study of and report to the Legislature on the effectiveness of Florida's        HB 569 CS—A bill to be entitled An act relating to the Florida
sexual predator and sexual offender registries and community and public      KidCare program; amending s. 409.8132, F.S.; providing for year-round
notification provisions; providing appropriations and authorizing            enrollment in the Medikids program component of the Florida KidCare
positions; providing an effective date.                                      program; amending s. 409.8134, F.S.; providing for year-round
                                                                             enrollment in the Florida KidCare program; providing a time period for
     On motion by Rep. Dean, the House concurred in Senate Amendment         the validity of an application; providing an effective date.
1.
                                                                                —was read the second time by title. On motion by Rep. Garcia, the
     The question recurred on the passage of HB 1877. The vote was:          rules were waived and the bill was read the third time by title. On
                                                                             passage, the vote was:
Session Vote Sequence: 224
                                                                             Session Vote Sequence: 225
Speaker Bense in the Chair.
                                                                             Speaker Bense in the Chair.
Yeas—115
                                                                             Yeas—115
Adams                    Culp            Hays              Negron
Allen                    Cusack          Henriquez         Patterson         Adams                  Cretul           Harrell           Mealor
Altman                   Davis, D.       Holloway          Peterman          Allen                  Culp             Hasner            Murzin
Anderson                 Davis, M.       Homan             Pickens           Altman                 Cusack           Hays              Needelman
Antone                   Dean            Hukill            Planas            Anderson               Davis, D.        Henriquez         Negron
Arza                     Detert          Jennings          Poppell           Antone                 Davis, M.        Holloway          Patterson
Attkisson                Domino          Johnson           Porth             Arza                   Dean             Homan             Peterman
Ausley                   Evers           Jordan            Proctor           Attkisson              Detert           Hukill            Pickens
Barreiro                 Farkas          Joyner            Quinones          Ausley                 Domino           Jennings          Planas
Baxley                   Fields          Justice           Reagan            Barreiro               Evers            Johnson           Poppell
Bean                     Flores          Kendrick          Rice              Baxley                 Farkas           Jordan            Porth
Bendross-Mindingall      Galvano         Kottkamp          Richardson        Bean                   Fields           Joyner            Proctor
Bense                    Gannon          Kravitz           Rivera            Bendross-Mindingall    Flores           Justice           Quinones
Benson                   Garcia          Kreegel           Robaina           Bense                  Galvano          Kendrick          Reagan
Berfield                 Gardiner        Kyle              Roberson          Benson                 Gannon           Kottkamp          Rice
Bilirakis                Gelber          Legg              Ross              Berfield               Garcia           Kravitz           Richardson
Bogdanoff                Gibson, A.      Littlefield       Rubio             Bilirakis              Gardiner         Kreegel           Rivera
Bowen                    Gibson, H.      Llorente          Russell           Bogdanoff              Gelber           Kyle              Robaina
Brandenburg              Glorioso        Lopez-Cantera     Ryan              Bowen                  Gibson, A.       Legg              Roberson
Brown                    Goldstein       Machek            Sands             Brandenburg            Gibson, H.       Littlefield       Ross
Brummer                  Goodlette       Mahon             Sansom            Brown                  Glorioso         Llorente          Rubio
Bucher                   Gottlieb        Mayfield          Seiler            Brummer                Goldstein        Lopez-Cantera     Russell
Bullard                  Grant           McInvale          Simmons           Bucher                 Goodlette        Machek            Ryan
Cannon                   Greenstein      Meadows           Smith             Bullard                Gottlieb         Mahon             Sands
Carroll                  Grimsley        Mealor            Sorensen          Cannon                 Grant            Mayfield          Sansom
Clarke                   Harrell         Murzin            Stansel           Carroll                Greenstein       McInvale          Seiler
Cretul                   Hasner          Needelman         Stargel           Clarke                 Grimsley         Meadows           Simmons
650                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 22, 2005


Smith                    Stargel          Troutman           Williams              (2) Address a basic or fundamental right of a citizen of this state; or
Sorensen                 Taylor           Vana               Zapata                (3) Change the basic structure of state government as established in
Stansel                  Traviesa         Waters                               Article II, Article III, Article IV, or Article V of this constitution, except
                                                                               that no revision or amendment shall deprive the branches of government
Nays—None                                                                      of any existing powers granted in these articles.
                                                                                   (b) The power to propose an amendment or revision to this
Votes after roll call:                                                         constitution by initiative It may be invoked by filing with the custodian of
  Yeas—Sobel                                                                   state records a petition containing a copy of the proposed revision or
                                                                               amendment, signed by a number of electors in each of one half of the
   So the bill passed, as amended. On motion by Rep. Garcia, the rules
                                                                               congressional districts of the state, and of the state as a whole, equal to
were waived and the bill was immediately certified to the Senate after
                                                                               eight percent of the votes cast in each of such districts respectively and in
engrossment.
                                                                               the state as a whole in the last preceding election in which presidential
   HJR 1723—A joint resolution proposing an amendment to Section 5             electors were chosen.
of Article XI of the State Constitution to require that any proposed               (c) The power to propose legislation by initiative may be invoked by
amendment to or revision of the State Constitution be approved by at           filing with the custodian of state records a petition containing a copy of
least 60 percent of the electors voting in the election in which such          the proposed legislation, signed by a number of electors in each of one
proposed amendment or revision is considered.                                  half of the congressional districts of the state, and of the state as a whole,
                                                                               equal to four percent of the votes cast in each of such districts
   The Justice Council recommended the following:                              respectively and in the state as a whole in the last preceding election in
                                                                               which presidential electors were chosen. The vote required for passage of
   HJR 1723 CS—A joint resolution proposing an amendment to                    legislation proposed by initiative is a simple majority of the votes cast on
Section 5 of Article XI of the State Constitution to require that any          the initiative.
proposed amendment to or revision of the State Constitution be approved            (d) Once ten percent of the number of signatures required to place an
by at least 60 percent of the electors voting on the measure.                  amendment or revision to this constitution on the ballot have been
                                                                               verified, the Attorney General shall, in conjunction with the request for
   —was read the second time by title.                                         review of the validity of the ballot language and compliance with single
                                                                               subject requirements and as directed by general law, request the opinion
  On motion by Rep. Simmons, by the required two-thirds vote, the              of the justices of the supreme court as to whether the proposed
House agreed to consider the following late-filed amendment.                   amendment or revision contains subject matter that is permissible for
   Representative(s) Simmons offered the following:                            such an amendment or revision. The justices shall, subject to their rules
                                                                               of procedure, permit interested persons to be heard on the questions
(Amendment Bar Code: 630085)                                                   presented and shall render their written opinion expeditiously.
                                                                                   SECTION 5. Amendment or revision or proposed legislation
    Amendment 1 (with ballot statement amendment)—Remove line(s)               election.--
66 and insert:                                                                     (a) A proposed amendment to or revision of this constitution, or any
voting on the measure, rather than by a simple majority. This proposed         part of it, or any legislation proposed by initiative shall be submitted to
amendment would not change the current requirement that a proposed             the electors at the next general election held more than ninety days after
constitutional amendment imposing a new state tax or fee be approved by        the joint resolution or report of revision commission, constitutional
at least 2/3 of the voters of the state voting in the election in which such   convention or taxation and budget reform commission proposing it is
an amendment is considered.                                                    filed with the custodian of state records, unless, pursuant to law enacted
                                                                               by the affirmative vote of three-fourths of the membership of each house
   Rep. Simmons moved the adoption of the amendment, which was                 of the legislature and limited to a single amendment or revision, it is
adopted.                                                                       submitted at an earlier special election held more than ninety days after
                                                                               such filing.
   Representative(s) Gelber offered the following:                                 (b) A proposed amendment or revision of this constitution, or any part
                                                                               of it, or proposed legislation by initiative shall be submitted to the
(Amendment Bar Code: 551843)
                                                                               electors at the general election provided the initiative petition is filed with
    Amendment 2 (with title amendment)—Remove everything after                 the custodian of state records no later than February 1 of the year in
the resolving clause and insert:                                               which the general election is held.
    That the amendments to Sections 3, 5, and 7 of Article XI of the State         (c) The legislature shall provide by general law, prior to the holding
Constitution set forth below are agreed to and shall be submitted to the       of an election pursuant to this section, for the provision of a statement to
electors of Florida for approval or rejection at the general election to be    the public regarding the probable financial impact of any amendment or
held in November 2006:                                                         legislation proposed by initiative pursuant to section 3.
                               ARTICLE XI                                          (d) Once in the tenth week, and once in the sixth week immediately
                             AMENDMENTS                                        preceding the week in which the election is held, the proposed
    SECTION 3. Initiative.--                                                   amendment or revision or the proposed legislation, with notice of the date
    (a) The power to propose the revision or amendment of any portion or       of election at which it will be submitted to the electors, shall be published
portions of this constitution or to propose legislation by initiative is       in one newspaper of general circulation in each county in which a
reserved to the people, provided that, any such revision or amendment or       newspaper is published.
legislation, except for those limiting the power of government to raise            (e) Unless otherwise specifically provided for elsewhere in this
revenue, shall embrace but one subject and matter directly connected           constitution, if the proposed amendment or revision is approved by vote
therewith. Any revision or amendment to this constitution proposed by          of at least sixty percent of the electors voting on the measure, it shall be
initiative shall:                                                              effective as an amendment to or revision of the constitution of the state
    (1) Amend or repeal an existing section of this constitution on the        on the first Tuesday after the first Monday in January following the
same subject and matter;                                                       election, or on such other date as may be specified in the amendment or
                                                                               revision.
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                         651


    (f) For the first three years following the effective date of legislation   of the State Constitution, whether proposed by the Legislature, by
approved by the voters under this section, legislation passed by initiative     initiative, or by any other method, must be approved by at least 60
may be amended or repealed by two-thirds vote of the membership of              percent of the voters of the state voting on the measure, rather than by a
each house of the legislature.                                                  simple majority; to provide proposal and passage procedure requirements
    SECTION 7.           Tax, or fee, or significant fiscal impact              of legislation proposed by initiative to be similar to procedure
limitation.--Notwithstanding Article X, Section 12(d) of this constitution:     requirements of proposed amendments or revisions to the constitution; to
    (a) Any amendment or revision to this constitution that imposes or          require at least a two-thirds vote of each house of the Legislature to
authorizes the imposition of a, no new State tax or fee or increases or         amend or repeal legislation passed by initiative. Proposes an amendment
authorizes an increase in an existing tax or fee shall become effective         to Section 7 of Article XI of the State Constitution to require approval by
only if be imposed on or after November 8, 1994 by any amendment to             at least two-thirds of the voters of any proposed amendment or revision to
this constitution unless the proposed amendment or revision is approved         the State Constitution imposing or authorizing imposition of any new tax
by not fewer than two-thirds of the voters voting in the election in which      or fee, increasing or authorizing an increase in any existing tax or fee, or
such proposed amendment or revision is considered. This subsection shall        imposing a significant fiscal impact on the state, counties, school
apply to the imposition or authorization of an existing tax or fee that is      districts, municipalities, or special districts; to delete a provision limiting
not currently being collected, to an increase in the rate of an existing tax    application of such voting requirement to only state taxes or fees; to
or fee, and to the modification of an exemption, exclusion, deduction,          expand the definition of the term "new tax or fee" to include revenue-
credit, or other mechanism which currently eliminates or reduces the            producing exactions for counties, municipalities, school districts, and
liability of a person or entity for an existing tax or fee. For purposes of     special districts; and to define the term "significant fiscal impact" to mean
this section, the phrase "new State tax or fee" means shall mean any tax        having a collective annual fiscal impact in an amount greater than one-
or fee which would produce revenue subject to lump sum or other                 tenth of one percent of the total state budget for the state fiscal year
appropriation by the Legislature, either for the State general revenue fund     ending in the year prior to the general election in which such proposed
or any trust fund, which tax or fee is not in effect on November 7, 1994,       amendment or revision is considered.
including without limitation such taxes and fees as are the subject of
proposed constitutional amendments appearing on the ballot on                       Remove the entire title and insert:
November 8, 1994. The phrase "new tax or fee" also means any tax or fee                                    House Joint Resolution
which would produce revenue for a county, school district, municipality,        A joint resolution proposing amendments to Sections 3, 5, and 7 of
or special district. This section shall apply to proposed constitutional        Article XI of the State Constitution to provide the permissible subject
amendments relating to State taxes or fees which appear on the                  matter of revisions or amendments to the State Constitution proposed by
November 8, 1994 ballot, or later ballots, and Any such proposed                initiative; to provide the power to propose legislation by initiative and
amendment or revision which fails to gain the two-thirds vote required          requirements to propose legislation by initiative; to require that any
hereby shall be null, void, and without effect.                                 proposed amendment to or revision of the State Constitution be approved
    (b) Any amendment or revision to this constitution that imposes a           by at least 60 percent of the electors voting on the measure; to require
significant fiscal impact on the state, counties, school districts,             approval by at least two-thirds of the voters of any proposed amendment
municipalities, or special districts shall become effective only if the         or revision to the State Constitution imposing or authorizing imposition
proposed amendment or revision is approved by not fewer than two-               of any new tax or fee, increasing or authorizing an increase in any
thirds of the voters voting in the election in which such proposed              existing tax or fee, or imposing a significant fiscal impact on the state,
amendment or revision is considered. For purposes of this section, the          counties, school districts, municipalities, or special districts, and to delete
phrase "significant fiscal impact" means having a collective annual fiscal      a provision limiting such voting requirement to only new state taxes or
impact in an amount greater than one-tenth of one percent of the total          fees.
state budget for the state fiscal year ending in the year prior to the
                                                                                   Rep. Gelber moved the adoption of the amendment, which failed of
election in which such proposed amendment or revision is considered.
                                                                                adoption. The vote was:
The dollar amount for the determination of a significant fiscal impact
shall be certified pursuant to the process established in general law. Any      Session Vote Sequence: 226
such proposed amendment or revision which fails to gain the two-thirds
vote required hereby shall be null, void, and without effect.                   Speaker Bense in the Chair.
    BE IT FURTHER RESOLVED that the title and substance of the
amendment proposed herein shall appear on the ballot as follows:                Yeas—33
           CONSTITUTIONAL REVISIONS, AMENDMENTS,
            OR LEGISLATION PROPOSED BY INITIATIVE                               Anderson                  Fields             Joyner             Ryan
    Proposes an amendment to Section 3 of Article XI of the State               Antone                    Gannon             Kendrick           Sands
Constitution to provide that a constitutional revision or amendment             Ausley                    Gelber             Machek             Seiler
proposed by initiative must amend or repeal an existing section of the          Bendross-Mindingall       Gibson, A.         Meadows            Smith
State Constitution on the same subject and matter; must address a basic or      Bilirakis                 Gottlieb           Peterman           Taylor
fundamental right of a citizen of this state; or must change the basic          Brandenburg               Greenstein         Porth              Vana
structure of state government as established in Article II, Article III,        Bucher                    Henriquez          Richardson
Article IV, or Article V of the State Constitution, except that no revision     Bullard                   Holloway           Roberson
or amendment may deprive the branches of government of any existing             Cusack                    Jennings           Ross
powers granted in these articles; to provide the people the power to
                                                                                Nays—80
propose legislation by initiative; to require the signatures of four percent
of the number of electors in each of one-half of the congressional districts    Adams               Bean                 Brown               Culp
of the state for placement of proposed legislation on the ballot; to require    Allen               Bense                Brummer             Davis, D.
a simple majority of the votes cast on legislation; to require the Attorney     Altman              Benson               Cannon              Davis, M.
General to request the opinion of the Supreme Court on whether a                Arza                Berfield             Carroll             Dean
proposed amendment or revision to the constitution contains permissible         Attkisson           Bogdanoff            Clarke              Detert
subject matter. Proposes an amendment to Section 5 of Article XI of the         Baxley              Bowen                Cretul              Domino
State Constitution to require that any proposed amendment to or revision
652                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                       April 22, 2005


Evers                Hays              McInvale            Robaina             votes cast in the state as a whole in the last preceding election in which
Farkas               Homan             Mealor              Rubio               presidential electors were chosen, the proposed legislation shall be
Flores               Hukill            Murzin              Russell             brought before the legislature for enactment at the next regular session
Galvano              Johnson           Needelman           Sansom              held more than thirty days following submission of the petition as
Garcia               Jordan            Negron              Simmons             provided herein. The proposed legislation shall be treated as a bill subject
Gardiner             Kottkamp          Patterson           Sorensen            to section 7 of this article. The enacting clause of every law proposed by
Gibson, H.           Kravitz           Pickens             Stansel             initiative shall read: "Be It Enacted by the People of the State of Florida
Glorioso             Kreegel           Planas              Stargel             by Initiative:".
Goldstein            Kyle Legg         Poppell             Traviesa                (2) If the legislature fails to enact the proposed legislation, the
Goodlette            Littlefield       Proctor             Troutman            proposed legislation may be placed on the ballot at the next general
Grant                Llorente          Quinones            Waters              election held more than ninety days after a initiative petition proposing
Grimsley             Lopez-Cantera     Reagan              Williams            legislation is filed with the custodian of state records signed by a number
Harrell              Mahon             Rice                Zapata              of electors in the state equal to four percent of the votes cast in the state
Hasner               Mayfield          Rivera                                  as a whole in the last preceding election in which presidential electors
                                                                               were chosen.
Votes after roll call:                                                             (c) The governor may not veto legislation proposed by initiative that
  Yeas—Ambler                                                                  is approved by the electors. Laws that are enacted by initiative may be
                                                                               amended or repealed as provided in this section and shall otherwise be
  Under Rule 10.10(b), the joint resolution was referred to the                subject to the powers of the governor and the legislature granted by this
Engrossing Clerk.                                                              constitution, as such powers apply to any law or legislation. However,
                                                                               notwithstanding section 7 of this article, the legislature may amend or
    HJR 1727—A joint resolution proposing an amendment to Section 3            repeal legislation approved by vote of the electors for the first two years
of Article XI of the State Constitution to provide the permissible subject     after it takes effect only by a vote of three-fifths of the membership of
matter of an amendment or revision to the State Constitution proposed by       each house of legislature and thereafter by a majority vote of the
initiative.                                                                    membership of each house of the legislature.
                                                                                   (d) Once in the tenth week, and once in the sixth week immediately
   The Justice Council recommended the following:                              preceding the week in which the election is held, the proposed legislation,
                                                                               with notice of the date of the election at which it will be submitted to the
   HJR 1727 CS—A joint resolution proposing an amendment to
                                                                               electors, shall be published in one newspaper of general circulation in
Section 3 of Article XI of the State Constitution to provide the
                                                                               each county in which a newspaper is published.
permissible subject matter of revisions or amendments to the State
                                                                                   (e) If the legislation proposed by initiative is approved by majority
Constitution proposed by initiative.
                                                                               vote of the electors voting on the proposed legislation, it shall be effective
   —was read the second time by title.                                         on the first day of July following the next regular session of the
                                                                               legislature after the general election at which the legislative initiative was
   Representative(s) Ryan offered the following:                               approved.
                                                                                                                ARTICLE IV
(Amendment Bar Code: 321175)                                                                                    EXECUTIVE
                                                                                   SECTION 10. Attorney General.--The attorney general shall, as
    Amendment 1 (with ballot statement and title amendments)—                  directed by general law, request the opinion of the justices of the supreme
Remove everything after resolving clause and insert:                           court as to the validity of any initiative petition proposing legislation
    That the creation of Section 20 of Article III and the amendment of        circulated pursuant to Section 20 of Article III or any initiative petition
Section 10 of Article IV and Sections 3 and 5 of Article XI of the State       proposing to amend or revise this constitution circulated pursuant to
Constitution set forth below is agreed to and shall be submitted to the        Section 3 of Article XI. The justices shall, subject to their rules of
electors of Florida for approval or rejection at the general election to be    procedure, permit interested persons to be heard on the questions
held in November 2006:                                                         presented and shall render their written opinion no later than April 1 of
                               ARTICLE III                                     the year in which the initiative is to be submitted to the voters pursuant to
                              LEGISLATURE                                      Section 5 of Article XI.
    SECTION 20. Legislation by initiative.--                                                                    ARTICLE XI
    (a)(1) The power to propose legislation by initiative is reserved to the                                  AMENDMENTS
people, provided that any such legislation shall embrace one subject and           SECTION 3. Initiative.--
matter directly connected therewith. This power may be invoked by                  (a) The power to propose the revision or amendment of any portion or
filing with the custodian of state records a petition containing a copy of     portions of this constitution by initiative is reserved to the people,
the proposed legislation.                                                      provided that, any such revision or amendment, except for those limiting
    (2) The following subjects may not be proposed by initiative: special      the power of government to raise revenue, shall embrace but one subject
and general laws of local application; laws that impose, eliminate,            and matter directly connected therewith. Any revision or amendment
increase or grant exemption from taxes; laws that appropriate state funds;     proposed by initiative shall:
laws requiring counties or municipalities to spend funds or eliminating            (1) Amend or repeal an existing section of this constitution on the
their ability to raise revenues or receive state tax revenue; laws that        same subject and matter;
provide exemption from public records or public meeting requirements;              (2) Address a basic or fundamental right of a citizen of this state; or
laws that provide for the number or assignment of judges or the                    (3) Change the basic structure of state government as established in
jurisdiction of courts; laws that the legislature is prohibited from passing   Article II, Article III, Article IV, or Article V of this constitution, except
or must pass by an extraordinary vote; and laws changing the boundaries        that no revision or amendment shall deprive the branches of government
of any municipality, county, or special, legislative, or congressional         of any existing powers granted in these articles.
district.                                                                          (b) The initiative power It may be invoked by filing with the
    (b)(1) Upon filing with the custodian of state records a petition signed   custodian of state records a petition containing a copy of the proposed
by a number of electors in the state as a whole equal to two percent of the    revision or amendment, signed by a number of electors in each of one
April 22, 2005                            JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                        653


half of the congressional districts of the state, and of the state as a whole,    powers granted in these articles; and to require that any proposed
equal to eight percent of the votes cast in each of such districts                amendment to or revision of the State Constitution, whether proposed by
respectively and in the state as a whole in the last preceding election in        the Legislature, by initiative, or by any other method, must be approved
which presidential electors were chosen.                                          by at least 60 percent of the voters voting on the measure, rather than by a
    SECTION 5. Amendment or revision election.--                                  simple majority.
    (a) A proposed amendment to or revision of this constitution, or any
part of it, shall be submitted to the electors at the next general election           Remove the entire title and insert:
held more than ninety days after the joint resolution or report of revision                                   House Joint Resolution
commission, constitutional convention or taxation and budget reform               A joint resolution proposing the creation of Section 20 of Article III and
commission proposing it is filed with the custodian of state records,             the amendment of Section 10 of Article IV and Sections 3 and 5 of
unless, pursuant to law enacted by the affirmative vote of three-fourths of       Article XI of the State Constitution to authorize the proposal of
the membership of each house of the legislature and limited to a single           legislation by initiative, to provide for Supreme Court review of initiative
amendment or revision, it is submitted at an earlier special election held        petitions proposing legislation, to provide the permissible subject matter
more than ninety days after such filing.                                          of revisions or amendments to the State Constitution proposed by
    (b) A proposed amendment or revision of this constitution, or any part        initiative, and to require that any proposed amendment to or revision of
of it, by initiative shall be submitted to the electors at the general election   the State Constitution be approved by at least 60 percent of the electors
provided the initiative petition is filed with the custodian of state records     voting on the measure.
no later than February 1 of the year in which the general election is held.
    (c) The legislature shall provide by general law, prior to the holding           Rep. Ryan moved the adoption of the amendment, which failed of
of an election pursuant to this section, for the provision of a statement to      adoption. The vote was:
the public regarding the probable financial impact of any amendment
proposed by initiative pursuant to section 3.                                     Session Vote Sequence: 227
    (d) Once in the tenth week, and once in the sixth week immediately
preceding the week in which the election is held, the proposed                    Speaker Bense in the Chair.
amendment or revision, with notice of the date of election at which it will
be submitted to the electors, shall be published in one newspaper of              Yeas—34
general circulation in each county in which a newspaper is published.
    (e) Unless otherwise specifically provided for elsewhere in this              Ambler                   Gannon            Justice           Ryan
constitution, if the proposed amendment or revision is approved by vote           Antone                   Gelber            Kendrick          Sands
of at least sixty percent of the electors voting on the measure, it shall be      Ausley                   Gibson, A.        Machek            Seiler
effective as an amendment to or revision of the constitution of the state         Bendross-Mindingall      Gottlieb          McInvale          Smith
on the first Tuesday after the first Monday in January following the              Brandenburg              Greenstein        Meadows           Stansel
election, or on such other date as may be specified in the amendment or           Bucher                   Henriquez         Peterman          Taylor
revision.                                                                         Bullard                  Holloway          Porth             Vana
    BE IT FURTHER RESOLVED that the title and substance of the                    Cusack                   Jennings          Richardson
amendment proposed herein shall appear on the ballot as follows:                  Fields                   Joyner            Roberson
              LEGISLATION BY INITIATIVE; INITIATIVE;
         CONSTITUTIONAL AMENDMENTS OR REVISIONS                                   Nays—82
    Proposes the creation of Section 20 of Article III and the amendment
of Section 10 of Article IV and Section 5 of Article XI of the State              Adams              Culp                Homan               Poppell
Constitution to allow legislation to be proposed by initiative, unless it is      Allen              Davis, D.           Hukill              Proctor
special or local in nature, involves taxes or tax exemptions, appropriates        Altman             Davis, M.           Johnson             Quinones
state funds, requires counties or municipalities to spend funds or                Anderson           Dean                Jordan              Reagan
eliminates their ability to raise revenues or receive state tax revenue,          Arza               Detert              Kottkamp            Rice
provides exemption from public records or public meetings requirements,           Attkisson          Domino              Kravitz             Rivera
provides for the number or assignment of judges or the jurisdiction of            Barreiro           Evers               Kreegel             Robaina
courts, is constitutionally prohibited or requires passage by an                  Baxley             Farkas              Kyle                Ross
extraordinary vote of the Legislature, or changes the boundaries of any           Bean               Flores              Legg                Rubio
municipality, county, or special, legislative, or congressional district; to      Bense              Galvano             Littlefield         Russell
prescribe standards for such initiatives and requirements to invoke and           Benson             Garcia              Llorente            Sansom
approve them; to prohibit gubernatorial veto and restrict the Legislature         Berfield           Gardiner            Lopez-Cantera       Simmons
from amending or repealing such legislation in the first 2 years after            Bilirakis          Gibson, H.          Mahon               Sorensen
taking effect, except by an extraordinary vote; to provide for Supreme            Bogdanoff          Glorioso            Mayfield            Stargel
Court review of initiative petitions proposing legislation; to require            Bowen              Goldstein           Mealor              Traviesa
signatures for initiative petitions to amend or revise the State Constitution     Brown              Goodlette           Murzin              Troutman
to be gathered in all, rather than one half, of the congressional districts       Brummer            Grant               Needelman           Waters
and of the state as a whole; to allow repeal of amendments or revisions to        Cannon             Grimsley            Negron              Williams
the State Constitution adopted by initiative petition pursuant to the same        Carroll            Harrell             Patterson           Zapata
requirements as those for adoption of the amendment or revision to be             Clarke             Hasner              Pickens
repealed; to provide that a constitutional revision or amendment proposed         Cretul             Hays                Planas
by initiative must amend or repeal an existing section of the State
Constitution on the same subject and matter; must address a basic or              Votes after roll call:
fundamental right of a citizen of this state; or must change the basic              Nays to Yeas—Quinones
structure of state government as established in Article II, Article III,
Article IV, or Article V of the State Constitution, except that no revision         Under Rule 10.10(b), the joint resolution was referred to the
or amendment may deprive the branches of government of any existing               Engrossing Clerk.
654                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 22, 2005


Motion                                                                          Immediately Certified
   On motion by Rep. Smith, the rules were waived and the House                   On motion by Rep. Kottkamp, the rules were waived and HB 1659
moved to the order of Bills and Joint Resolutions on Third Reading for          was immediately certified to the Senate.
the purpose of considering CS for SB 1662.
                                                                                Special Orders
Bills and Joint Resolutions on Third Reading
                                                                                    HJR 1741—A joint resolution proposing an amendment to Section 7
   CS for SB 1662—A bill to be entitled An act relating to insurance;           of Article XI of the State Constitution to require approval by at least two-
amending s. 626.901, F.S.; revising an exception from the prohibition           thirds of the voters of any proposed amendment or revision to the State
against representing or aiding unauthorized insurers; providing for             Constitution imposing or authorizing imposition of any new tax or fee,
immediate cease-and-desist orders for violations of the prohibition;            increasing or authorizing an increase in any existing tax or fee, or
providing legislative findings; authorizing investigations of activities that   imposing a significant fiscal impact on the state, counties, school
may constitute violations of the prohibition; amending s. 626.902, F.S.;        districts, municipalities, or special districts, and to delete a provision
providing an exception from penalty provisions for a person who                 limiting such voting requirement to only new state taxes or fees.
cooperates with the office to administer the Unauthorized Insurers
Process Law; amending s. 626.908, F.S.; providing conditions on                    The Justice Council recommended the following:
defenses of certain actions against unauthorized insurers and persons
representing or aiding them; prescribing a time limit on motions to quash          HJR 1741 CS—A joint resolution proposing an amendment to
or set aside service of process in actions against such unauthorized            Section 7 of Article XI of the State Constitution to require approval by at
insurers and other persons; providing an effective date.                        least two-thirds of the voters of any proposed amendment or revision to
                                                                                the State Constitution imposing or authorizing imposition of any new tax
   —was read the third time by title. On passage, the vote was:
                                                                                or fee, increasing or authorizing an increase in any existing tax or fee, or
                                                                                imposing a significant fiscal impact on the state, counties, school
Session Vote Sequence: 228
                                                                                districts, municipalities, or special districts, and to delete a provision
                                                                                limiting such voting requirement to only new state taxes or fees.
Speaker Bense in the Chair.
                                                                                   —was read the second time by title.
Yeas—116
                                                                                  On motion by Rep. Simmons, by the required two-thirds vote, the
Adams                    Cusack           Homan               Poppell
                                                                                House agreed to consider the following late-filed amendment.
Allen                    Davis, D.        Hukill              Porth
Altman                   Davis, M.        Jennings            Proctor
Ambler                   Dean             Johnson             Quinones             Representative(s) Simmons offered the following:
Anderson                 Detert           Jordan              Reagan
Antone                   Domino           Joyner              Rice              (Amendment Bar Code: 829943)
Arza                     Evers            Justice             Richardson
Attkisson                Farkas           Kendrick            Rivera               Amendment 1 (with ballot statement amendment)—Remove line(s)
Ausley                   Fields           Kottkamp            Robaina           57-65 and insert:
Barreiro                 Flores           Kravitz             Roberson             (b) Any amendment or revision to this constitution that imposes a
Baxley                   Galvano          Kreegel             Ross              significant fiscal impact on the state, counties, school districts,
Bean                     Gannon           Kyle                Rubio             municipalities, or special districts in the aggregate shall become effective
Bendross-Mindingall      Garcia           Legg                Russell           only if the proposed amendment or revision is approved by not fewer
Bense                    Gardiner         Littlefield         Ryan              than two-thirds of the voters voting in the election in which such
Benson                   Gelber           Llorente            Sands             proposed amendment or revision is considered. For purposes of this
Berfield                 Gibson, A.       Lopez-Cantera       Sansom            section, the phrase "significant fiscal impact" means the proposed
Bilirakis                Gibson, H.       Machek              Seiler            amendment or revision has an annual fiscal impact in any state fiscal year
Bogdanoff                Glorioso         Mahon               Simmons           prior to and including the first state fiscal year of full implementation in
Bowen                    Goldstein        Mayfield            Smith             an amount greater than one-tenth of one percent
Brandenburg              Goodlette        McInvale            Sorensen
Brown                    Gottlieb         Meadows             Stansel               Remove line(s) 91 and insert:
Brummer                  Grant            Mealor              Stargel           fiscal impact in any state fiscal year prior to and including the first state
Bucher                   Greenstein       Murzin              Taylor            fiscal year of full implementation of the proposed amendment or revision
Bullard                  Grimsley         Needelman           Traviesa          in an amount greater than one-tenth of one percent
Cannon                   Harrell          Negron              Troutman
Carroll                  Hasner           Patterson           Vana                 Rep. Simmons moved the adoption of the amendment, which was
Clarke                   Hays             Peterman            Waters            adopted.
Cretul                   Henriquez        Pickens             Williams
Culp                     Holloway         Planas              Zapata              On motion by Rep. Simmons, by the required two-thirds vote, the
                                                                                House agreed to consider the following late-filed amendment.
Nays—None
                                                                                   Representative(s) Simmons offered the following:
Votes after roll call:
  Yeas—Sobel                                                                    (Amendment Bar Code: 378161)

   So the bill passed and was certified to the Senate.                             Amendment 2—Remove lines 76-94 and insert:
April 22, 2005                            JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                      655


   TWO-THIRDS VOTE FOR CONSTITUTIONAL AMENDMENTS                                 process in lieu of a qualifying fee and party assessment; providing
                               INCREASING                                        requirements for signatures and petition format; providing submission
     OR IMPOSING TAXES, FEES, OR A SIGNIFICANT FISCAL                            deadlines; amending s. 99.0955, F.S.; revising provisions relating to
                                   IMPACT                                        candidates with no party affiliation; amending to conform; deleting
   Proposes an amendment to Section 7 of Article XI of the State                 obsolete provisions; amending s. 99.096, F.S.; revising filing
Constitution to require approval by at least two-thirds of the voters of the     requirements of minor political party candidates; amending to conform;
state voting in an election on any proposed amendment or revision to the         deleting obsolete provisions; amending s. 99.09651, F.S., relating to
State Constitution imposing or authorizing imposition of any new tax or          signature requirements for ballot position in a year of apportionment, to
fee, increasing or authorizing an increase in any existing tax or fee, or        conform; amending s. 100.011, F.S.; requiring electors in line at the
imposing a significant fiscal impact on the state, counties, school              official closing of the polls to be allowed to vote; amending s. 100.101,
districts, municipalities, or special districts, such proposal to amend and      F.S.; deleting a provision requiring a special election to be held if a
expand the existing two-thirds vote requirement adopted by Florida               vacancy occurs in nomination; amending s. 100.111, F.S.; revising
voters in 1996 but currently applying only to proposed amendments that           requirements relating to filling candidate vacancies; deleting provisions
impose a new state tax or fee, all other proposed amendments or revisions        relating to a prohibition of qualified candidates to fill a vacancy in
currently requiring approval by only a simple majority of those voting on        nomination; deleting obsolete provisions; amending s. 100.141, F.S.;
the amendment or revision; to delete a provision limiting application of         conforming provisions relating to vacancies in nomination and qualifying
such voting requirement to only state taxes or fees; to extend the existing      by an alternative method; amending s. 101.031, F.S.; revising the voter's
two-thirds vote requirement to taxes and fees producing revenue for              bill of rights to allow for an elector whose identity in question to cast a
counties, municipalities, school districts, and special districts rather than    provisional ballot and to remove the right for an elector to prove identity
only the state; to expand the definition of the term "new tax or fee" to         by signing an affidavit; amending s. 101.043, F.S., relating to
include revenue-producing exactions for counties, municipalities, school         identification required at polls, to conform; amending s. 101.048, F.S.;
districts, and special districts; and to define the term "significant fiscal     providing a person casting a provisional ballot the right to present certain
impact" to mean having a collective annual fiscal impact on the state,           eligibility evidence by a certain date; providing for the county canvassing
counties, municipalities, and special districts in the first state fiscal year   board to review provisional ballot voter's certificates and affirmations;
of full implementation of the proposed amendment or revision in an               providing a standard of review; revising the provisional ballot voter's
amount greater than one-tenth of one percent of the total state budget for       certificate and affirmation form; revising provisions relating to casting
the state fiscal year ending in the year prior to the general election in        provisional ballots by electronic means; amending s. 101.049, F.S.;
which such proposed amendment or revision is considered.                         providing for provisional ballots and persons with disabilities; amending
                                                                                 s. 101.051, F.S.; prohibiting solicitation of assistance to electors with
   Rep. Simmons moved the adoption of the amendment, which was                   certain disabilities at certain locations; providing a penalty; requiring a
adopted.                                                                         person providing an elector assistance to vote to take a specified oath;
                                                                                 amending s. 101.111, F.S.; revising the oath taken by persons challenging
  Under Rule 10.10(b), the joint resolution was referred to the                  the right of a person to vote; deleting the oath required to be taken by a
Engrossing Clerk.                                                                person whose right to vote was challenged and allowing that person to
                                                                                 cast a provisional ballot; providing a prohibition against and penalty for
    HB 1567—A bill to be entitled An act relating to elections; amending         frivolous challenges; amending s. 101.131, F.S.; allowing certain poll
s. 97.012, F.S.; revising duties of the Secretary of State as chief election     watchers in early voting areas and polling rooms; providing limitations
officer; amending s. 97.021, F.S.; revising definitions; creating s. 97.029,     and restrictions on behavior of poll watchers; providing deadlines
F.S.; relating to the award of attorney's fees and costs in proceedings          regarding designation and approval of poll watchers; amending s.
challenging election or voter registration law; amending s. 97.051, F.S.;        101.151, F.S.; replacing paper ballots with marksense ballots and
revising the oath a person must take to register to vote; amending s.            accompanying specifications; amending s. 101.171, F.S.; requiring a copy
97.052, F.S.; revising provisions relating to the uniform statewide voter        of constitutional amendments to be available at polls in poster or booklet
registration application; removing the requirement that the uniform              form; amending s. 101.294, F.S.; prohibiting a vendor of voting
statewide voter registration application must contain certain homestead          equipment from providing an uncertified voting system or upgrade;
exemption information; amending s. 97.053, F.S.; revising criteria for a         providing for certification of voting systems and upgrades; amending s.
voter registration application to be deemed complete; specifying where an        101.295, F.S.; providing a penalty; amending s. 101.49, F.S.; revising the
initial voter registration application may be mailed; amending s. 97.055,        procedure of election officers where signatures differ; amending s.
F.S.; providing for permitted updates once registration books are closed;        101.51, F.S., relating to electors' occupation of booths, to conform;
creating s. 97.0575, F.S.; regulating third-party voter registrations and        amending s. 101.5606, F.S., relating to requirements for approval of
registration organizations; requiring third-party voter registration             voting systems, to conform; amending s. 101.5608, F.S., relating to
organizations to name a registered agent and submit certain information          voting by electronic or electromechanical methods, to conform; amending
to the Division of Elections; providing for a fiduciary duty of the third-       s. 101.5612, F.S.; providing for additional testing of voting systems under
party voter registration organization to the applicant; providing for joint      certain circumstances; amending s. 101.5614, F.S.; correcting a cross
and several liability for a breach of fiduciary duty; specifying fines;          reference; amending s. 101.572, F.S.; revising a provision relating to the
authorizing the division to investigate certain violations; providing for        public inspection of ballots; amending s. 101.58, F.S.; authorizing any
collected fines to be set aside by the division in a trust fund; authorizing     Department of State employee full access to all premises, records,
the division to adopt certain rules; amending s. 98.045, F.S.; correcting a      equipment, and staff of the supervisor of elections; amending s. 101.595,
cross reference; amending s. 98.077, F.S.; providing for signature updates       F.S.; providing for the reporting of overvotes and undervotes in
for use in verifying absentee and provisional ballots; providing a deadline      presidential or gubernatorial races; amending s. 101.6103, F.S.;
for the supervisor of elections to receive voter signature updates;              authorizing canvassing boards to begin canvassing mail ballots before the
amending s. 99.061, F.S.; amending to conform; revising a financial              election; providing a time when the results may be released; providing a
disclosure requirement for candidate qualification; providing a                  penalty; amending s. 101.62, F.S.; revising provisions relating to the
submission deadline for qualifying papers; amending s. 99.063, F.S.;             deadline by which the supervisor of elections must receive a request for
revising a financial disclosure requirement for certain designated               an absentee ballot to be mailed to a voter; requiring information relating
candidates; amending s. 99.092, F.S., relating to qualifying fees of             to absentee receipt and delivery dates to be available to the voter
candidates, to conform; amending s. 99.095, F.S.; providing for a petition       requesting the ballot; providing for unavailable regular absentee ballots
656                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 22, 2005


for overseas electors; providing a deadline by which an absentee ballot         revising the duties of the Division of Elections to remove the duty to
request may be fulfilled by personal delivery; amending s. 101.64, F.S.;        conduct certain investigations and make subsequent reports; amending s.
providing for a certain oath to be provided to overseas electors in lieu of a   106.29, F.S., relating to the powers and duties of the Florida Elections
voter's certificate; amending s. 101.657, F.S.; revising requirements           Commission, to conform; amending s. 16.56, F.S.; authorizing the Office
relating to early voting locations; revising the deadline to end early          of Statewide Prosecution to investigate and prosecute the offenses of
voting; providing for uniformity of county early voting sites; requiring        crimes involving voter registration, voting, or candidate or issue petition
any person in line at the closing of an early voting site to be allowed to      activities; amending s. 119.07, F.S.; placing a condition on when the
vote; providing for early voting in municipal and special district              supervisor of elections shall notify certain candidates of ballot inspection;
elections; amending s. 101.663, F.S.; revising provisions relating to           amending s. 120.52, F.S.; revising a definition of "rule" to exempt certain
certain electors who move to another state; amending s. 101.68, F.S.;           Division of Election advisory opinions and Secretary of State directives;
providing that an absentee ballot is deemed to have been cast once it has       amending s. 145.09, F.S.; requiring the Department of State to adopt rules
been received by the supervisor; amending s. 101.69, F.S.; revising a           establishing certification requirements of supervisors of elections;
provision relating to voting in person by electors who have requested           repealing s. 98.095, F.S., relating to county registers open to inspection
absentee ballots; amending s. 101.6923, F.S.; revising a provision relating     and copies; repealing s. 98.0979, F.S.; relating to the statewide voter
to special absentee ballot instructions for certain voters; amending s.         registration database's being open to inspection and copies; repealing s.
101.694, F.S.; requiring certain absentee envelopes to meet specifications      98.181, F.S., relating to supervisors of elections making up indexes or
as determined by a certain federal program; amending s. 101.697, F.S.;          records; repealing s. 98.481, F.S., relating to challenge to electors;
providing a condition on the department's ability to accept certain             repealing s. 101.253, F.S.; relating to when names are not to be printed on
election materials by electronic transmission from overseas voters;             ballots; repealing s. 101.635, F.S.; relating to distribution of blocks of
amending s. 102.012, F.S.; revising provisions to require supervisors of        printed ballots; repealing s. 102.061, F.S.; relating to duties of election
election to appoint one election board for each precinct; requiring each        board, counting, and closing polls; repealing s. 106.085, F.S., relating to
supervisor to furnish inspectors of election in each precinct with the list     independent expenditures, prohibited unfair surprise, notice requirements,
of registered voters for the precinct; amending s. 102.014, F.S.; requiring     and a penalty; repealing s. 106.144, F.S.; relating to endorsements or
the division to develop a uniform training curriculum for poll workers;         opposition by certain groups and organizations; providing an effective
revising grounds upon which a supervisor shall replace an inspector or          date.
clerk; revising requirements relating to the provisions and availability of
a uniform polling place procedures manual; amending s. 102.031, F.S.;              The State Administration Council recommended the following:
revising a provision relating to maintenance of good order at polls,
authorities, persons allowed in polling rooms, and unlawful solicitation of         HB 1567 CS—A bill to be entitled An act relating to elections;
voters to apply to early voting areas; prohibiting a person from bringing a     amending s. 97.012, F.S.; revising duties of the Secretary of State as chief
camera into a polling room or early voting area; increasing the distance        election officer; amending s. 97.021, F.S.; revising definitions; creating s.
for the no solicitation zone; providing for the designation of the no           97.029, F.S.; relating to the award of attorney's fees and costs in
solicitation zone; amending s. 102.071, F.S.; decreasing the certificates of    proceedings challenging election or voter registration law; amending s.
the results needed to one; amending s. 102.111, F.S.; providing for             97.051, F.S.; revising the oath a person must take to register to vote;
typographical errors in official county returns to be certified by the          amending s. 97.052, F.S.; revising provisions relating to the uniform
Elections Canvassing Commission; amending s. 102.112, F.S.; requiring           statewide voter registration application; removing the requirement that
the county returns to contain a certain certification; authorizing the          the uniform statewide voter registration application must contain certain
department to correct typographical errors in county returns; amending s.       homestead exemption information; amending s. 97.053, F.S.; revising
102.141, F.S.; revising provisions relating to county canvassing boards         criteria for a voter registration application to be deemed complete;
and their duties; requiring that the county canvassing board be                 specifying where an initial voter registration application may be mailed;
responsible for ordering county and local recounts; revising deadlines          amending s. 97.055, F.S.; providing for permitted updates once
relating to submission of unofficial returns; adding procedure and content      registration books are closed; creating s. 97.0575, F.S.; regulating third-
requirements relating to county canvassing boards' reports on conduction        party voter registrations and registration organizations; requiring third-
of elections; requiring the department to adopt rules establishing the          party voter registration organizations to name a registered agent and
required content and acceptable formats for certain filings; amending s.        submit certain information to the Division of Elections; providing for a
102.166, F.S.; revising provisions relating to manual recounts; amending        fiduciary duty of the third-party voter registration organization to the
s. 102.168, F.S.; revising proper party defendants in actions contesting        applicant; providing for joint and several liability for a breach of
the election or nomination of a candidate; amending s. 103.021, F.S.;           fiduciary duty; specifying fines; authorizing the division to investigate
requiring the state executive committee of each political party to              certain violations; providing for collected fines to be set aside by the
recommend candidates for presidential electors to the Governor using a          division in a trust fund; authorizing the division to adopt certain rules;
specified procedure; providing definitions; amending ss. 103.051 and            amending s. 98.045, F.S.; correcting a cross reference; amending s.
103.061, F.S.; revising certain meeting and notice times of the                 98.077, F.S.; providing for signature updates for use in verifying absentee
presidential electors; amending s. 103.121, F.S.; revising the powers and       and provisional ballots; providing a deadline for the supervisor of
duties of executive committees; amending s. 104.051, F.S.; prohibiting          elections to receive voter signature updates; amending s. 99.061, F.S.;
willful failure of a supervisor or county canvassing board member to            amending to conform; revising a financial disclosure requirement for
follow a certain binding directive; providing a penalty; authorizing only       candidate qualification; providing a submission deadline for qualifying
the Secretary of State to file certain complaints; amending s. 105.031,         papers; amending s. 99.063, F.S.; revising a financial disclosure
F.S.; exempting school board candidates from qualifying fee                     requirement for certain designated candidates; amending s. 99.092, F.S.,
requirements; revising requirements relating to financial interest              relating to qualifying fees of candidates, to conform; amending s. 99.095,
statements made by public officers; providing a time by which a                 F.S.; providing for a petition process in lieu of a qualifying fee and party
qualifying officer may accept and hold certain qualifying papers;               assessment; providing requirements for signatures and petition format;
amending s. 105.035, F.S.; renaming the "alternative method" of                 providing submission deadlines; amending s. 99.0955, F.S.; revising
qualifying for certain offices as the "petition process"; removing              provisions relating to candidates with no party affiliation; amending to
provisions requiring a person seeking to qualify by the petition process to     conform; deleting obsolete provisions; amending s. 99.096, F.S.; revising
file a certain oath; providing a limitation upon elector signatures needed      filing requirements of minor political party candidates; amending to
by certain candidates; revising deadlines; amending s. 106.22, F.S.;            conform; deleting obsolete provisions; amending s. 99.09651, F.S.,
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                         657


relating to signature requirements for ballot position in a year of             certain oath to be provided to overseas electors in lieu of a voter's
apportionment, to conform; amending s. 100.011, F.S.; requiring electors        certificate; amending s. 101.657, F.S.; revising requirements relating to
in line at the official closing of the polls to be allowed to vote; amending    early voting locations; revising the deadline to end early voting and the
s. 100.101, F.S.; deleting a provision requiring a special election to be       times for opening and closing the early voting sites each day; providing
held if a vacancy occurs in nomination; amending s. 100.111, F.S.;              for uniformity of county early voting sites; requiring any person in line at
revising requirements relating to filling candidate vacancies; deleting         the closing of an early voting site to be allowed to vote; providing for
provisions relating to a prohibition of qualified candidates to fill a          early voting in municipal and special district elections; requiring
vacancy in nomination; deleting obsolete provisions; amending s.                supervisors to provide certain information in electronic format to the
100.141, F.S.; conforming provisions relating to vacancies in nomination        Division of Elections; amending s. 101.663, F.S.; revising provisions
and qualifying by an alternative method; amending s. 101.031, F.S.;             relating to certain electors who move to another state; amending s.
revising the voter's bill of rights to allow for an elector whose identity in   101.68, F.S.; providing that an absentee ballot is deemed to have been
question to cast a provisional ballot and to remove the right for an elector    cast once it has been received by the supervisor; amending s. 101.69,
to prove identity by signing an affidavit; amending s. 101.043, F.S.,           F.S.; revising a provision relating to voting in person by electors who
relating to identification required at polls, to conform; amending s.           have requested absentee ballots; amending s. 101.6923, F.S.; revising a
101.048, F.S.; providing a person casting a provisional ballot the right to     provision relating to special absentee ballot instructions for certain voters;
present certain eligibility evidence by a certain date; providing for the       amending s. 101.694, F.S.; requiring certain absentee envelopes to meet
county canvassing board to review provisional ballot voter's certificates       specifications as determined by a certain federal program; amending s.
and affirmations; providing a standard of review; revising the provisional      101.697, F.S.; providing a condition on the department's ability to accept
ballot voter's certificate and affirmation form; revising provisions relating   certain election materials by electronic transmission from overseas
to casting provisional ballots by electronic means; amending s. 101.049,        voters; amending s. 102.012, F.S.; revising provisions to require
F.S.; providing for provisional ballots and persons with disabilities;          supervisors of election to appoint one election board for each precinct;
amending s. 101.051, F.S.; prohibiting solicitation of assistance to            requiring each supervisor to furnish inspectors of election in each
electors with certain disabilities at certain locations; providing a penalty;   precinct with the list of registered voters for the precinct; amending s.
requiring a person providing an elector assistance to vote to take a            102.014, F.S.; requiring the division to develop a uniform training
specified oath; amending s. 101.111, F.S.; revising the oath taken by           curriculum for poll workers; revising grounds upon which a supervisor
persons challenging the right of a person to vote; deleting the oath            shall replace an inspector or clerk; revising requirements relating to the
required to be taken by a person whose right to vote was challenged and         provisions and availability of a uniform polling place procedures manual;
allowing that person to cast a provisional ballot; providing a prohibition      amending s. 102.031, F.S.; revising a provision relating to maintenance of
against and penalty for frivolous challenges; amending s. 101.131, F.S.;        good order at polls, authorities, persons allowed in polling rooms, and
allowing certain poll watchers in early voting areas and polling rooms;         unlawful solicitation of voters to apply to early voting areas; increasing
providing limitations and restrictions on behavior of poll watchers;            the distance for the no solicitation zone; providing for the designation of
providing deadlines regarding designation and approval of poll watchers;        the no solicitation zone; prohibiting photography in a polling room or
amending s. 101.151, F.S.; replacing paper ballots with marksense ballots       early voting area; amending s. 102.071, F.S.; decreasing the certificates
and accompanying specifications; amending s. 101.171, F.S.; requiring a         of the results needed to one; amending s. 102.111, F.S.; providing for
copy of constitutional amendments to be available at polling locations in       typographical errors in official county returns to be certified by the
poster or booklet form; amending s. 101.294, F.S.; prohibiting a vendor         Elections Canvassing Commission; amending s. 102.112, F.S.; requiring
of voting equipment from providing an uncertified voting system or              the county returns to contain a certain certification; authorizing the
upgrade; providing for certification of voting systems and upgrades;            department to correct typographical errors in county returns; amending s.
amending s. 101.295, F.S.; providing a penalty; amending s. 101.49, F.S.;       102.141, F.S.; revising provisions relating to county canvassing boards
revising the procedure of election officers where signatures differ;            and their duties; requiring that the county canvassing board be
amending s. 101.51, F.S., relating to electors' occupation of booths, to        responsible for ordering county and local recounts; revising deadlines
conform; amending s. 101.5606, F.S., relating to requirements for               relating to submission of unofficial returns; adding procedure and content
approval of voting systems, to conform; amending s. 101.5608, F.S.,             requirements relating to county canvassing boards' reports on conduct of
relating to voting by electronic or electromechanical methods, to               elections; requiring the supervisor of elections to file or export files to the
conform; amending s. 101.5612, F.S.; providing for additional testing of        department from election results and other statistical information as may
voting systems under certain circumstances; amending s. 101.5614, F.S.;         be requested by the department, the Legislature, and the Election
correcting a cross reference; amending s. 101.572, F.S.; revising a             Assistance Commission; requiring the department to adopt rules
provision relating to the public inspection of ballots; amending s. 101.58,     establishing the required content and acceptable formats for certain
F.S.; authorizing certain employees of the Department of State full access      filings; amending s. 102.166, F.S.; revising provisions relating to manual
to all premises, records, equipment, and staff of the supervisor of             recounts; amending s. 102.168, F.S.; revising proper party defendants in
elections; amending s. 101.595, F.S.; providing for the reporting of            actions contesting the election or nomination of a candidate; amending s.
overvotes and undervotes in races for President and Vice President and          103.021, F.S.; requiring the state executive committee of each political
Governor and Lieutenant Governor or, alternatively, other races                 party to recommend candidates for presidential electors to the Governor
appearing first on the ballot; amending s. 101.6103, F.S.; correcting a         using a specified procedure; providing definitions; amending ss. 103.051
cross reference; authorizing canvassing boards to begin canvassing mail         and 103.061, F.S.; revising certain meeting and notice times of the
ballots before the election; providing a time when the results may be           presidential electors; amending s. 103.121, F.S.; revising the powers and
released; providing a penalty; amending s. 101.62, F.S.; revising               duties of executive committees; amending s. 105.031, F.S.; exempting
provisions relating to the deadline by which the supervisor of elections        school board candidates from qualifying fee requirements; revising
must receive a request for an absentee ballot to be mailed to a voter;          requirements relating to financial interest statements made by public
requiring absentee ballots to be mailed by a certain time; requiring certain    officers; providing a time by which a qualifying officer may accept and
information to be available and updated in electronic format as provided        hold certain qualifying papers; amending s. 105.035, F.S.; renaming the
by rule adopted by the division; requiring information relating to absentee     "alternative method" of qualifying for certain offices as the "petition
receipt and delivery dates to be available to the voter requesting the          process"; removing provisions requiring a person seeking to qualify by
ballot; providing for unavailable regular absentee ballots for overseas         the petition process to file a certain oath; providing a limitation upon
electors; providing a deadline by which an absentee ballot request may be       elector signatures needed by certain candidates; revising deadlines;
fulfilled by personal delivery; amending s. 101.64, F.S.; providing for a       transferring s. 98.122, F.S., relating to closed caption television
658                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                        April 22, 2005


broadcasting requirements, and renumbering the section as s. 106.165,          (Amendment Bar Code: 235999)
F.S.; amending s. 106.22, F.S.; revising the duties of the Division of
Elections to remove the duty to conduct certain investigations and make           Amendment 3—Remove line(s) 1010-1011 and insert:
subsequent reports; amending s. 106.29, F.S., relating to the powers and       financial interests pursuant to s. 112.3145.
duties of the Florida Elections Commission, to conform; amending s.
16.56, F.S.; authorizing the Office of Statewide Prosecution to investigate       Rep. Reagan moved the adoption of the amendment, which was
and prosecute the offenses of crimes involving voter registration, voting,     adopted.
or candidate or issue petition activities; amending s. 112.3145, F.S.;
deleting the requirement to file a copy of disclosure for qualification;          Representative(s) Ryan offered the following:
amending s. 119.07, F.S.; placing a condition on when the supervisor of
elections shall notify certain candidates of ballot inspection; amending s.    (Amendment Bar Code: 197423)
145.09, F.S.; requiring the Department of State to adopt rules establishing
certification requirements of supervisors of elections; repealing s. 98.095,      Amendment 4—Remove line(s) 1419-1420 and insert:
F.S., relating to county registers open to inspection and copies; repealing       (4)(a) In the event that death, resignation, withdrawal, removal, or
s. 98.0979, F.S.; relating to the statewide voter registration database's      any other cause or event should cause a party to
being open to inspection and copies; repealing s. 98.181, F.S., relating to
supervisors of elections making up indexes or records; repealing s.               Rep. Ryan moved the adoption of the amendment, which failed of
98.481, F.S., relating to challenge to electors; repealing s. 101.253, F.S.;   adoption.
relating to when names are not to be printed on ballots; repealing s.
101.635, F.S.; relating to distribution of blocks of printed ballots;            On motion by Rep. Bogdanoff, by the required two-thirds vote, the
repealing s. 102.061, F.S.; relating to duties of election board, counting,    House agreed to consider the following late-filed amendment.
and closing polls; repealing s. 106.085, F.S., relating to independent
expenditures, prohibited unfair surprise, notice requirements, and a              Representative(s) Bogdanoff offered the following:
penalty; repealing s. 106.144, F.S.; relating to endorsements or opposition
by certain groups and organizations; providing for severability; providing     (Amendment Bar Code: 168497)
an effective date.
                                                                                  Amendment 5—Remove line(s) 1700 and insert:
   —was read the second time by title.                                         the polling place or early voting site or within 50 feet of the

   Representative(s) Ryan offered the following:                                  Rep. Bogdanoff moved the adoption of the amendment, which was
                                                                               adopted.
(Amendment Bar Code: 421381)
                                                                                  Representatives A. Gibson and Bendross-Mindingall offered the
   Amendment 1 (with title amendment)—Remove line(s) 542-583.                  following:

   Remove line(s) 9-11 and insert:                                             (Amendment Bar Code: 759873)
definitions; amending
                                                                                  Amendment 6—Remove lines 2288-2294, and insert:
   Rep. Ryan moved the adoption of the amendment, which failed of                 (b)1. The supervisor shall designate each early voting site by no later
adoption.                                                                      than the 30th day prior to an election and shall designate an early voting
                                                                               area, as defined in s. 97.021, at each early voting site. Designation of
   Representative Ryan offered the following:                                  early voting sites may not be changed except by petition to the division,
                                                                               which petition shall only be granted for reasons of a natural or
(Amendment Bar Code: 974435)                                                   unavoidable event resulting in the unavailability of such early voting site.
                                                                                  2. In the event early voting sites would need to remain open later than
   Amendment 2 (with title amendment)—Between lines 737 and 738,               7 p.m. due to high voter turnout, the supervisor of elections may add
insert:                                                                        additional voting sites.
   (6) If a voter registration applicant fails to answer any of the required
information on the voter registration application form, the supervisor            Rep. A. Gibson moved the adoption of the amendment, which failed
shall notify the applicant of the failure by mail within 5 business days       of adoption.
after the supervisor has made the information available in the voter
registration system. The applicant shall have an opportunity to complete          Representatives Ryan and Joyner offered the following:
the application form to vote in the next election up until the book closing
for that next election.                                                        (Amendment Bar Code: 671775)

   Remove line 17 and insert:                                                     Amendment 7—Remove lines 2291-2294 and insert:
contain certain homestead exemption information; providing for applicant       early voting site.
notification upon his or her failure to answer required information on the
voter registration application form; amending                                     Rep. Ryan moved the adoption of the amendment.

   Rep. Ryan moved the adoption of the amendment, which was adopted.              Representative(s) Ryan offered the following:

   On motion by Rep. Reagan, by the required two-thirds vote, the House        (Amendment Bar Code: 575181)
agreed to consider the following late-filed amendment.
                                                                                  Substitute Amendment 7—Remove line(s) 2291-2294 and insert:
   Representative(s) Reagan offered the following:                             early voting site. The supervisor of elections may change or add
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                   659


additional early voting sites consistent with the requirements of this         On motion by Rep. Reagan, by the required two-thirds vote, the House
section, if the supervisor determines that such change or additional site   agreed to consider the following late-filed amendment.
will to a greater degree facilitate voting within the county.
                                                                               Representative(s) Reagan offered the following:
    Rep. Ryan moved the adoption of the substitute amendment, which
failed of adoption.                                                         (Amendment Bar Code: 158437)

   The question recurred on the adoption of Amendment 7, which was             Amendment 12 (with title amendment)—Remove line(s) 3473-3477
withdrawn.                                                                  and insert:
                                                                            whichever is applicable.
   Representative(s) Ryan offered the following:
                                                                               Remove line(s) 215-217 and insert:
(Amendment Bar Code: 914111)                                                qualifying fee requirements; providing a time by which a qualifying
                                                                            officer
   Amendment 8—Remove line(s) 2303-2304 and insert:
least 8 hours per weekday and 8 hours per weekend day during the               Rep. Reagan moved the adoption of the amendment, which was
applicable periods. Early voting sites shall                                adopted.

   Rep. Ryan moved the adoption of the amendment, which failed of              On motion by Rep. Reagan, by the required two-thirds vote, the House
adoption.                                                                   agreed to consider the following late-filed amendment.

   Representative(s) A. Gibson, Joyner, and Bendross-Mindingall offered        Representative(s) Reagan offered the following:
the following:
                                                                            (Amendment Bar Code: 155647)
(Amendment Bar Code: 623999)
                                                                              Amendment 13 (with title amendment)—Remove line(s) 3650-
   Amendment 9—Remove line(s) 2304 and insert:                              3660.
weekend at each site during the applicable periods. Early voting sites
shall                                                                          Remove line(s) 235-237 and insert:
                                                                            or candidate or issue petition activities; amending s. 119.07, F.S.;
   Rep. A. Gibson moved the adoption of the amendment, which was
adopted.                                                                       Rep. Reagan moved the adoption of the amendment, which was
                                                                            adopted.
  On motion by Rep. Bogdanoff, by the required two-thirds vote, the
House agreed to consider the following late-filed amendment.                   Under Rule 10.10(b), the bill was referred to the Engrossing Clerk.

   Representative(s) Bogdanoff offered the following:                       Motion

(Amendment Bar Code: 547915)                                                   On motion by Rep. Goodlette, the House advanced to the
                                                                            consideration of the Local Bill Calendar portion of the Special Order
   Amendment 10 (with title amendment)—Remove line(s) 2714 and              Calendar.
insert:
voters inside the polling place or within 50 feet of the                    Section II. Expedited Local Bill Calendar
   Remove line(s) 178-179 and insert:                                          Rep. Goodlette suggested the absence of a quorum. A quorum was
voters to apply to early voting areas; providing for the                    present [Session Vote Sequence: 229].

   Rep. Bogdanoff moved the adoption of the amendment, which was               HB 753—A bill to be entitled An act relating to the Sebring Airport
adopted.                                                                    Authority, Highlands County; codifying, amending, reenacting, and
                                                                            repealing special acts relating to the authority; defining the powers and
  On motion by Rep. Bogdanoff, by the required two-thirds vote, the         duties of said authority; granting to the authority power to acquire, lease,
House agreed to consider the following late-filed amendment.                construct, reconstruct, improve, extend, enlarge, equip, repair, maintain,
                                                                            and operate airport and other facilities; providing for the issuance of
   Representative(s) Bogdanoff offered the following:                       bonds of the authority, payable solely from funds provided therefor under
                                                                            the act, to pay the cost of acquiring, constructing, or reconstructing any
(Amendment Bar Code: 809111)                                                facilities and the cost of improvements, extensions, enlargements, and
                                                                            equipment; granting to the authority power to acquire necessary real and
   Amendment 11 (with title amendment)—Remove line(s) 2755 and              personal property and to exercise the power of eminent domain;
insert:                                                                     providing for the imposition and collection of charges for the use of and
50-foot zone surrounding the polling place.                                 for the services furnished by any such facilities; authorizing the City of
                                                                            Sebring to make grants and conveyances to the authority; prescribing the
   Remove line(s) 178-179 and insert:                                       powers and duties of the authority in connection with the foregoing and
voters to apply to early voting areas; providing for the                    the rights and remedies of the holders of any bonds or revenue certificates
                                                                            issued under the provisions of this act; providing an effective date.
   Rep. Bogdanoff moved the adoption of the amendment, which was
adopted.                                                                       The Local Government Council recommended the following:
660                                    JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                   April 22, 2005


   HB 753 CS—A bill to be entitled An act relating to the Sebring            providing for continued merger of the Ponte Vedra Zoning Board and the
Airport Authority, Highlands County; codifying, amending, reenacting,        Ponte Vedra Board of Adjustment into the Ponte Vedra Zoning and
and repealing special acts relating to the authority; defining the powers    Adjustment Board appointed by the St. Johns County Board of County
and duties of said authority; granting to the authority power to acquire,    Commissioners from residents and electors of the district; providing for
lease, construct, reconstruct, improve, extend, enlarge, equip, repair,      membership of the Ponte Vedra Zoning and Adjustment Board; providing
maintain, and operate airport and other facilities; providing for the        for the powers, functions, and duties of the board; providing that the
issuance of bonds of the authority, payable solely from funds provided       board in place of the local planning agency established pursuant to
therefor under the act, to pay the cost of acquiring, constructing, or       chapter 163, F.S., shall have the authority to make recommendations to
reconstructing any facilities and the cost of improvements, extensions,      the board of county commissioners in certain circumstances within the
enlargements, and equipment; granting to the authority power to acquire      district; providing a location for hearings of the board; providing for
necessary real and personal property and to exercise the power of eminent    funding; providing for frequency and calling of meetings by the board;
domain; providing for the imposition and collection of charges for the use   providing severability; repealing chapters 65-2171 and 95-527, Laws of
of and for the services furnished by any such facilities; authorizing the    Florida; providing an effective date.
City of Sebring to make grants and conveyances to the authority;
prescribing the powers and duties of the authority in connection with the       The Local Government Council recommended the following:
foregoing and the rights and remedies of the holders of any bonds or
revenue certificates issued under the provisions of this act; providing an      HB 801 CS—A bill to be entitled An act relating to the Ponte Vedra
effective date.                                                              Zoning District, St. Johns County; codifying, amending, reenacting, and
                                                                             repealing special acts relating to the district; providing boundaries;
   —was read the second time by title. On motion by Rep. Grimsley, the       providing for continued merger of the Ponte Vedra Zoning Board and the
rules were waived and the bill was read the third time by title. On          Ponte Vedra Board of Adjustment into the Ponte Vedra Zoning and
passage, the vote was:                                                       Adjustment Board appointed by the St. Johns County Board of County
                                                                             Commissioners from residents and electors of the district; providing for
Session Vote Sequence: 230                                                   membership of the Ponte Vedra Zoning and Adjustment Board; providing
                                                                             for the powers, functions, and duties of the board; providing that the
Speaker Bense in the Chair.                                                  board in place of the local planning agency established pursuant to
                                                                             chapter 163, F.S., shall have the authority to make recommendations to
Yeas—98                                                                      the board of county commissioners in certain circumstances within the
                                                                             district; providing a location for hearings of the board; providing for
Adams                   Davis, M.        Jennings          Richardson        funding; providing for frequency and calling of meetings by the board;
Allen                   Detert           Johnson           Rivera            providing severability; repealing chapters 65-2171 and 95-527, Laws of
Altman                  Domino           Jordan            Robaina           Florida; providing an effective date.
Ambler                  Evers            Joyner            Roberson
Anderson                Farkas           Kottkamp          Ross                 —was read the second time by title. On motion by Rep. D. Davis, the
Antone                  Fields           Kravitz           Rubio             rules were waived and the bill was read the third time by title. On
Ausley                  Flores           Kreegel           Russell           passage, the vote was:
Barreiro                Gannon           Kyle              Ryan
Bean                    Gardiner         Legg              Sands             Session Vote Sequence: 230
Bendross-Mindingall     Gelber           Littlefield       Sansom
Bense                   Gibson, A.       Lopez-Cantera     Seiler            Speaker Bense in the Chair.
Benson                  Gibson, H.       Mayfield          Simmons
Berfield                Glorioso         McInvale          Smith             Yeas—98
Bilirakis               Goldstein        Meadows           Sorensen
Bogdanoff               Goodlette        Mealor            Stansel           Adams                  Culp             Henriquez         Poppell
Bowen                   Gottlieb         Murzin            Stargel           Allen                  Davis, D.        Holloway          Porth
Brandenburg             Grant            Negron            Taylor            Altman                 Davis, M.        Homan             Proctor
Brummer                 Greenstein       Peterman          Traviesa          Ambler                 Detert           Hukill            Quinones
Bucher                  Harrell          Pickens           Troutman          Anderson               Domino           Jennings          Reagan
Bullard                 Hasner           Poppell           Vana              Antone                 Evers            Johnson           Rice
Cannon                  Hays             Porth             Waters            Ausley                 Farkas           Jordan            Richardson
Carroll                 Henriquez        Proctor           Williams          Barreiro               Fields           Joyner            Rivera
Cretul                  Holloway         Quinones          Zapata            Bean                   Flores           Kottkamp          Robaina
Culp                    Homan            Reagan                              Bendross-Mindingall    Gannon           Kravitz           Roberson
Davis, D.               Hukill           Rice                                Bense                  Gardiner         Kreegel           Ross
                                                                             Benson                 Gelber           Kyle              Rubio
Nays—None                                                                    Berfield               Gibson, A.       Legg              Russell
                                                                             Bilirakis              Gibson, H.       Littlefield       Ryan
Votes after roll call:                                                       Bogdanoff              Glorioso         Lopez-Cantera     Sands
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                         Bowen                  Goldstein        Mayfield          Sansom
                                                                             Brandenburg            Goodlette        McInvale          Seiler
  So the bill passed, as amended, and was immediately certified to the       Brummer                Gottlieb         Meadows           Simmons
Senate after engrossment.                                                    Bucher                 Grant            Mealor            Smith
                                                                             Bullard                Greenstein       Murzin            Sorensen
   HB 801—A bill to be entitled An act relating to the Ponte Vedra           Cannon                 Harrell          Negron            Stansel
Zoning District, St. Johns County; codifying, amending, reenacting, and      Carroll                Hasner           Peterman          Stargel
repealing special acts relating to the district; providing boundaries;       Cretul                 Hays             Pickens           Taylor
April 22, 2005                          JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                   661


Traviesa                Vana             Williams           Zapata           salary," "salary," and "service"; revising the provisions for membership;
Troutman                Waters                                               revising the member's contributions; allowing the purchase of permissive
                                                                             service; clarifying provisions related to credit for intervening military
Nays—None                                                                    service; providing an effective date.

Votes after roll call:                                                          —was read the second time by title. On motion by Rep. Brandenburg,
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                         the rules were waived and the bill was read the third time by title. On
                                                                             passage, the vote was:
  So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.                                                    Session Vote Sequence: 230
   HB 803—A bill to be entitled An act relating to the Sanford Airport
                                                                             Speaker Bense in the Chair.
Authority, Seminole County; amending chapter 71-924, Laws of Florida;
authorizing the authority to enter into contracts, leases, franchises, or
other arrangements with any person or persons granting the privilege of      Yeas—98
using or improving any project of the authority, or any portion thereof of
space therein, for commercial purposes; providing requirements and           Adams                   Davis, M.        Jennings           Richardson
limitations with respect thereto; providing an effective date.               Allen                   Detert           Johnson            Rivera
                                                                             Altman                  Domino           Jordan             Robaina
   —was read the second time by title. On motion by Rep. Simmons, the        Ambler                  Evers            Joyner             Roberson
rules were waived and the bill was read the third time by title. On          Anderson                Farkas           Kottkamp           Ross
passage, the vote was:                                                       Antone                  Fields           Kravitz            Rubio
                                                                             Ausley                  Flores           Kreegel            Russell
Session Vote Sequence: 230                                                   Barreiro                Gannon           Kyle               Ryan
                                                                             Bean                    Gardiner         Legg               Sands
Speaker Bense in the Chair.                                                  Bendross-Mindingall     Gelber           Littlefield        Sansom
                                                                             Bense                   Gibson, A.       Lopez-Cantera      Seiler
Yeas—98                                                                      Benson                  Gibson, H.       Mayfield           Simmons
                                                                             Berfield                Glorioso         McInvale           Smith
Adams                   Davis, M.        Jennings           Richardson       Bilirakis               Goldstein        Meadows            Sorensen
Allen                   Detert           Johnson            Rivera           Bogdanoff               Goodlette        Mealor             Stansel
Altman                  Domino           Jordan             Robaina          Bowen                   Gottlieb         Murzin             Stargel
Ambler                  Evers            Joyner             Roberson         Brandenburg             Grant            Negron             Taylor
Anderson                Farkas           Kottkamp           Ross             Brummer                 Greenstein       Peterman           Traviesa
Antone                  Fields           Kravitz            Rubio            Bucher                  Harrell          Pickens            Troutman
Ausley                  Flores           Kreegel            Russell          Bullard                 Hasner           Poppell            Vana
Barreiro                Gannon           Kyle               Ryan             Cannon                  Hays             Porth              Waters
Bean                    Gardiner         Legg               Sands            Carroll                 Henriquez        Proctor            Williams
Bendross-Mindingall     Gelber           Littlefield        Sansom           Cretul                  Holloway         Quinones           Zapata
Bense                   Gibson, A.       Lopez-Cantera      Seiler           Culp                    Homan            Reagan
Benson                  Gibson, H.       Mayfield           Simmons          Davis, D.               Hukill           Rice
Berfield                Glorioso         McInvale           Smith
Bilirakis               Goldstein        Meadows            Sorensen         Nays—None
Bogdanoff               Goodlette        Mealor             Stansel
Bowen                   Gottlieb         Murzin             Stargel          Votes after roll call:
Brandenburg             Grant            Negron             Taylor             Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
Brummer                 Greenstein       Peterman           Traviesa
Bucher                  Harrell          Pickens            Troutman
Bullard                 Hasner           Poppell            Vana                So the bill passed and was immediately certified to the Senate.
Cannon                  Hays             Porth              Waters
Carroll                 Henriquez        Proctor            Williams            HB 987—A bill to be entitled An act relating to the Lake County
Cretul                  Holloway         Quinones           Zapata           Water Authority district; amending, codifying, reenacting, and repealing
Culp                    Homan            Reagan                              special acts relating to the district in conformity to s. 189.429, F.S.;
Davis, D.               Hukill           Rice                                providing district boundaries; providing purposes; providing for a
                                                                             governing body and prescribing its powers, duties, functions,
Nays—None                                                                    membership, and organization; providing for partisan election of board
                                                                             members; providing duties of constitutional officers in Lake County with
Votes after roll call:                                                       respect to the authority; providing a limit on the amount the authority
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                         may spend to educate the public regarding water issues; providing
                                                                             maximum millage limit; repealing chapters 29222 (1953), 57-1484, 59-
   So the bill passed and was immediately certified to the Senate.           1466, 63-1507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of
                                                                             Florida, relating to the district; providing for a referendum on whether
   HB 957—A bill to be entitled An act relating to the City of West Palm     elections to the authority shall be partisan; providing a ballot statement;
Beach, Palm Beach County; amending ch. 24981 (1947), Laws of                 providing effective dates.
Florida, as amended; revising provisions applicable to the West Palm
Beach Police Pension Fund; amending the definitions of "final average           The Finance & Tax Committee recommended the following:
662                                     JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                      April 22, 2005


   HB 987 CS—A bill to be entitled An act relating to the Lake County         powers, and refunding bonds; providing remedies for any holder of bonds
Water Authority district; amending, codifying, reenacting, and repealing      or trustee; providing for transfer of existing facilities; providing
special acts relating to the district in conformity to s. 189.429, F.S.;      exemption of property from taxation; providing that bonds shall
providing district boundaries; providing purposes; providing for a            constitute legal investments; providing that act is complete and additional
governing body and prescribing its powers, duties, functions,                 authority; providing taxing authority, including authority to levy ad
membership, and organization; providing for partisan election of board        valorem taxes; providing construction of act; providing severability;
members; providing duties of constitutional officers in Lake County with      repealing special acts relating to the authority; providing an effective
respect to the authority; providing a limit on the amount the authority       date.
may spend to educate the public regarding water issues; providing
maximum millage limit; repealing chapters 29222 (1953), 57-1484, 59-             The Finance & Tax Committee recommended the following:
1466, 63-1507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of
Florida, relating to the district; providing for a referendum on whether         HB 999 CS—A bill to be entitled An act relating to the Lake Shore
elections to the authority shall be partisan; providing a ballot statement;   Hospital Authority, Columbia County; amending, codifying, reenacting,
providing effective dates.                                                    and repealing chapters 24443 (1947), 25736 (1949), 30264 (1955), 61-
                                                                              2048, 63-1247, 65-1414, 72-509, 90-409, and 92-229, Laws of Florida,
   —was read the second time by title. On motion by Rep. H. Gibson, the       relating to the authority; providing definitions; providing for a governing
rules were waived and the bill was read the third time by title. On           body; providing for the governing body's purposes, powers, duties, and
passage, the vote was:                                                        responsibilities; authorizing the issuance of revenue bonds, incidental
                                                                              powers, and refunding bonds; providing remedies for any holder of bonds
Session Vote Sequence: 230                                                    or trustee; providing exemption of property from taxation; providing that
                                                                              bonds shall constitute legal investments; providing that act is complete
Speaker Bense in the Chair.                                                   and additional authority; providing taxing authority, including authority
                                                                              to levy ad valorem taxes; providing construction of act; providing
Yeas—98                                                                       severability; repealing special acts relating to the authority; providing an
                                                                              effective date.
Adams                   Davis, M.        Jennings           Richardson
Allen                   Detert           Johnson            Rivera               —was read the second time by title. On motion by Rep. A. Gibson, the
Altman                  Domino           Jordan             Robaina           rules were waived and the bill was read the third time by title. On
Ambler                  Evers            Joyner             Roberson          passage, the vote was:
Anderson                Farkas           Kottkamp           Ross
Antone                  Fields           Kravitz            Rubio             Session Vote Sequence: 230
Ausley                  Flores           Kreegel            Russell
Barreiro                Gannon           Kyle               Ryan              Speaker Bense in the Chair.
Bean                    Gardiner         Legg               Sands
Bendross-Mindingall     Gelber           Littlefield        Sansom            Yeas—98
Bense                   Gibson, A.       Lopez-Cantera      Seiler
Benson                  Gibson, H.       Mayfield           Simmons           Adams                    Davis, M.        Jennings           Richardson
Berfield                Glorioso         McInvale           Smith             Allen                    Detert           Johnson            Rivera
Bilirakis               Goldstein        Meadows            Sorensen          Altman                   Domino           Jordan             Robaina
Bogdanoff               Goodlette        Mealor             Stansel           Ambler                   Evers            Joyner             Roberson
Bowen                   Gottlieb         Murzin             Stargel           Anderson                 Farkas           Kottkamp           Ross
Brandenburg             Grant            Negron             Taylor            Antone                   Fields           Kravitz            Rubio
Brummer                 Greenstein       Peterman           Traviesa          Ausley                   Flores           Kreegel            Russell
Bucher                  Harrell          Pickens            Troutman          Barreiro                 Gannon           Kyle               Ryan
Bullard                 Hasner           Poppell            Vana              Bean                     Gardiner         Legg               Sands
Cannon                  Hays             Porth              Waters            Bendross-Mindingall      Gelber           Littlefield        Sansom
Carroll                 Henriquez        Proctor            Williams          Bense                    Gibson, A.       Lopez-Cantera      Seiler
Cretul                  Holloway         Quinones           Zapata            Benson                   Gibson, H.       Mayfield           Simmons
Culp                    Homan            Reagan                               Berfield                 Glorioso         McInvale           Smith
Davis, D.               Hukill           Rice                                 Bilirakis                Goldstein        Meadows            Sorensen
                                                                              Bogdanoff                Goodlette        Mealor             Stansel
Nays—None                                                                     Bowen                    Gottlieb         Murzin             Stargel
                                                                              Brandenburg              Grant            Negron             Taylor
Votes after roll call:                                                        Brummer                  Greenstein       Peterman           Traviesa
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                          Bucher                   Harrell          Pickens            Troutman
                                                                              Bullard                  Hasner           Poppell            Vana
  So the bill passed, as amended, and was immediately certified to the        Cannon                   Hays             Porth              Waters
Senate after engrossment.                                                     Carroll                  Henriquez        Proctor            Williams
                                                                              Cretul                   Holloway         Quinones           Zapata
   HB 999—A bill to be entitled An act relating to the Lake Shore             Culp                     Homan            Reagan
Hospital Authority, Columbia County; amending, codifying, reenacting,         Davis, D.                Hukill           Rice
and repealing chapters 24443 (1947), 25736 (1949), 30264 (1955), 61-
2048, 63-1247, 65-1414, 72-509, 90-409, and 92-229, Laws of Florida,          Nays—None
relating to the authority; providing definitions; providing for a governing
body; providing for the governing body's purposes, powers, duties, and        Votes after roll call:
responsibilities; authorizing the issuance of revenue bonds, incidental         Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                    663


  So the bill passed, as amended, and was immediately certified to the         for such sale or other disposition; providing an effective date.
Senate after engrossment.
                                                                                  —was read the second time by title. On motion by Rep. Allen, the
   HB 1047—A bill to be entitled An act relating to Broward County;            rules were waived and the bill was read the third time by title. On
amending chapter 75-350, Laws of Florida, as amended; revising                 passage, the vote was:
timeframe for municipal elections; providing dates for candidates to file
paperwork; providing dates of municipal primary and general elections;         Session Vote Sequence: 230
providing an effective date.
                                                                               Speaker Bense in the Chair.
   The Ethics & Elections Committee recommended the following:
                                                                               Yeas—98
   HB 1047 CS—A bill to be entitled An act relating to Broward
County; amending chapter 75-350, Laws of Florida, as amended; revising         Adams                    Davis, M.         Jennings           Richardson
timeframe for municipal elections; providing dates for candidates to file      Allen                    Detert            Johnson            Rivera
paperwork; providing dates of municipal primary and general elections;         Altman                   Domino            Jordan             Robaina
providing an effective date.                                                   Ambler                   Evers             Joyner             Roberson
                                                                               Anderson                 Farkas            Kottkamp           Ross
   —was read the second time by title. On motion by Rep. Gottlieb, the         Antone                   Fields            Kravitz            Rubio
rules were waived and the bill was read the third time by title. On            Ausley                   Flores            Kreegel            Russell
passage, the vote was:                                                         Barreiro                 Gannon            Kyle               Ryan
                                                                               Bean                     Gardiner          Legg               Sands
Session Vote Sequence: 230                                                     Bendross-Mindingall      Gelber            Littlefield        Sansom
                                                                               Bense                    Gibson, A.        Lopez-Cantera      Seiler
Speaker Bense in the Chair.                                                    Benson                   Gibson, H.        Mayfield           Simmons
                                                                               Berfield                 Glorioso          McInvale           Smith
Yeas—98                                                                        Bilirakis                Goldstein         Meadows            Sorensen
                                                                               Bogdanoff                Goodlette         Mealor             Stansel
Adams                    Davis, M.        Jennings           Richardson        Bowen                    Gottlieb          Murzin             Stargel
Allen                    Detert           Johnson            Rivera            Brandenburg              Grant             Negron             Taylor
Altman                   Domino           Jordan             Robaina           Brummer                  Greenstein        Peterman           Traviesa
Ambler                   Evers            Joyner             Roberson          Bucher                   Harrell           Pickens            Troutman
Anderson                 Farkas           Kottkamp           Ross              Bullard                  Hasner            Poppell            Vana
Antone                   Fields           Kravitz            Rubio             Cannon                   Hays              Porth              Waters
Ausley                   Flores           Kreegel            Russell           Carroll                  Henriquez         Proctor            Williams
Barreiro                 Gannon           Kyle               Ryan              Cretul                   Holloway          Quinones           Zapata
Bean                     Gardiner         Legg               Sands             Culp                     Homan             Reagan
Bendross-Mindingall      Gelber           Littlefield        Sansom            Davis, D.                Hukill            Rice
Bense                    Gibson, A.       Lopez-Cantera      Seiler
Benson                   Gibson, H.       Mayfield           Simmons           Nays—None
Berfield                 Glorioso         McInvale           Smith
Bilirakis                Goldstein        Meadows            Sorensen          Votes after roll call:
Bogdanoff                Goodlette        Mealor             Stansel             Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
Bowen                    Gottlieb         Murzin             Stargel
Brandenburg              Grant            Negron             Taylor               So the bill passed and was immediately certified to the Senate.
Brummer                  Greenstein       Peterman           Traviesa
Bucher                   Harrell          Pickens            Troutman             HB 1079—A bill to be entitled An act relating to the Merritt Island
Bullard                  Hasner           Poppell            Vana              Public Library District, Brevard County; codifying, amending,
Cannon                   Hays             Porth              Waters            reenacting, and repealing chapters 65-1289, 72-477, 76-330, 82-263, and
Carroll                  Henriquez        Proctor            Williams          94-449, Laws of Florida, relating to the district; providing boundaries;
Cretul                   Holloway         Quinones           Zapata            providing for appointment of a library board; prescribing its duties,
Culp                     Homan            Reagan                               powers, and authority; providing for raising funds by taxation; providing
Davis, D.                Hukill           Rice                                 a method of levying, collecting, and disbursing such funds; providing an
                                                                               effective date.
Nays—None
                                                                                  The Local Government Council recommended the following:
Votes after roll call:
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                               HB 1079 CS—A bill to be entitled An act relating to the Merritt
                                                                               Island Public Library District, Brevard County; codifying, amending,
  So the bill passed, as amended, and was immediately certified to the         reenacting, and repealing chapters 65-1289, 72-477, 76-330, 82-263, and
Senate after engrossment.                                                      94-449, Laws of Florida, relating to the district; providing boundaries;
                                                                               providing for appointment of a library board; prescribing its duties,
   HB 1077—A bill to be entitled An act relating to the Canaveral Port         powers, and authority; providing for raising funds by taxation; providing
District, Brevard County; amending chapter 2003-335, Laws of Florida;          a method of levying, collecting, and disbursing such funds; providing an
amending the powers and duties of the Canaveral Port District, an              effective date.
independent special district in Brevard County, to authorize the district to
sell or otherwise dispose of certain real property; providing the procedure       —was read the second time by title. On motion by Rep. Allen, the
664                                    JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                      April 22, 2005


rules were waived and the bill was read the third time by title. On          Adams                   Davis, M.        Jennings           Richardson
passage, the vote was:                                                       Allen                   Detert           Johnson            Rivera
                                                                             Altman                  Domino           Jordan             Robaina
Session Vote Sequence: 230                                                   Ambler                  Evers            Joyner             Roberson
                                                                             Anderson                Farkas           Kottkamp           Ross
Speaker Bense in the Chair.                                                  Antone                  Fields           Kravitz            Rubio
                                                                             Ausley                  Flores           Kreegel            Russell
Yeas—98                                                                      Barreiro                Gannon           Kyle               Ryan
                                                                             Bean                    Gardiner         Legg               Sands
Adams                   Davis, M.        Jennings           Richardson       Bendross-Mindingall     Gelber           Littlefield        Sansom
Allen                   Detert           Johnson            Rivera           Bense                   Gibson, A.       Lopez-Cantera      Seiler
Altman                  Domino           Jordan             Robaina          Benson                  Gibson, H.       Mayfield           Simmons
Ambler                  Evers            Joyner             Roberson         Berfield                Glorioso         McInvale           Smith
Anderson                Farkas           Kottkamp           Ross             Bilirakis               Goldstein        Meadows            Sorensen
Antone                  Fields           Kravitz            Rubio            Bogdanoff               Goodlette        Mealor             Stansel
Ausley                  Flores           Kreegel            Russell          Bowen                   Gottlieb         Murzin             Stargel
Barreiro                Gannon           Kyle               Ryan             Brandenburg             Grant            Negron             Taylor
Bean                    Gardiner         Legg               Sands            Brummer                 Greenstein       Peterman           Traviesa
Bendross-Mindingall     Gelber           Littlefield        Sansom           Bucher                  Harrell          Pickens            Troutman
Bense                   Gibson, A.       Lopez-Cantera      Seiler           Bullard                 Hasner           Poppell            Vana
Benson                  Gibson, H.       Mayfield           Simmons          Cannon                  Hays             Porth              Waters
Berfield                Glorioso         McInvale           Smith            Carroll                 Henriquez        Proctor            Williams
Bilirakis               Goldstein        Meadows            Sorensen         Cretul                  Holloway         Quinones           Zapata
Bogdanoff               Goodlette        Mealor             Stansel          Culp                    Homan            Reagan
Bowen                   Gottlieb         Murzin             Stargel          Davis, D.               Hukill           Rice
Brandenburg             Grant            Negron             Taylor
Brummer                 Greenstein       Peterman           Traviesa         Nays—None
Bucher                  Harrell          Pickens            Troutman
Bullard                 Hasner           Poppell            Vana             Votes after roll call:
Cannon                  Hays             Porth              Waters             Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
Carroll                 Henriquez        Proctor            Williams
Cretul                  Holloway         Quinones           Zapata              So the bill passed and was immediately certified to the Senate.
Culp                    Homan            Reagan
Davis, D.               Hukill           Rice                                   HB 1183—A bill to be entitled An act relating to the Orange County
                                                                             Civic Facilities Authority; codifying, reenacting, amending, and repealing
Nays—None                                                                    chapters 71-803, 72-625, 73-569, 77-611, and 78-757, Laws of Florida,
                                                                             relating to the authority; providing an effective date.
Votes after roll call:
                                                                                The Local Government Council recommended the following:
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
                                                                                HB 1183 CS—A bill to be entitled An act relating to the Orange
  So the bill passed, as amended, and was immediately certified to the       County Civic Facilities Authority; codifying, reenacting, amending, and
Senate after engrossment.                                                    repealing chapters 71-803, 72-625, 73-569, 77-611, and 78-575, Laws of
                                                                             Florida, relating to the authority; providing an effective date.
   HB 1153—A bill to be entitled An act relating to Pasco County
Mosquito Control District, Pasco County; ratifying and confirming the           —was read the second time by title. On motion by Rep. Quinones, the
creation of Pasco County Mosquito Control District pursuant to chapter       rules were waived and the bill was read the third time by title. On
390, Florida Statutes (1951), as an independent mosquito control district;   passage, the vote was:
providing for a special act charter for the district pursuant to section
189.429, Florida Statutes; providing legislative intent; providing for       Session Vote Sequence: 230
applicability of chapters 388 and 189, Florida Statutes, and other general
laws; providing for district boundaries; providing for officers, powers,     Speaker Bense in the Chair.
rules, and a district budget; providing for liability and group insurance;
providing construction; providing for severability; repealing chapter 71-    Yeas—98
839, Laws of Florida, relating to salary of board members; providing an
effective date.                                                              Adams                   Benson             Cretul           Gardiner
                                                                             Allen                   Berfield           Culp             Gelber
   —was read the second time by title. On motion by Rep. Legg, the           Altman                  Bilirakis          Davis, D.        Gibson, A.
rules were waived and the bill was read the third time by title. On          Ambler                  Bogdanoff          Davis, M.        Gibson, H.
passage, the vote was:                                                       Anderson                Bowen              Detert           Glorioso
                                                                             Antone                  Brandenburg        Domino           Goldstein
Session Vote Sequence: 230                                                   Ausley                  Brummer            Evers            Goodlette
                                                                             Barreiro                Bucher             Farkas           Gottlieb
Speaker Bense in the Chair.                                                  Bean                    Bullard            Fields           Grant
                                                                             Bendross-Mindingall     Cannon             Flores           Greenstein
Yeas—98                                                                      Bense                   Carroll            Gannon           Harrell
April 22, 2005                          JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                    665


Hasner                  Legg               Quinones         Simmons          Rivera                  Ryan             Sorensen          Vana
Hays                    Littlefield        Reagan           Smith            Robaina                 Sands            Stansel           Waters
Henriquez               Lopez-Cantera      Rice             Sorensen         Roberson                Sansom           Stargel           Williams
Holloway                Mayfield           Richardson       Stansel          Ross                    Seiler           Taylor            Zapata
Homan                   McInvale           Rivera           Stargel          Rubio                   Simmons          Traviesa
Hukill                  Meadows            Robaina          Taylor           Russell                 Smith            Troutman
Jennings                Mealor             Roberson         Traviesa
Johnson                 Murzin             Ross             Troutman         Nays—None
Jordan                  Negron             Rubio            Vana
Joyner                  Peterman           Russell          Waters           Votes after roll call:
Kottkamp                Pickens            Ryan             Williams           Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
Kravitz                 Poppell            Sands            Zapata
Kreegel                 Porth              Sansom                              So the bill passed, as amended, and was immediately certified to the
Kyle                    Proctor            Seiler                            Senate after engrossment.

Nays—None                                                                       HB 1321—A bill to be entitled An act relating to the Dorcas Fire
                                                                             District, Okaloosa County; codifying the district's ordinances; providing
Votes after roll call:                                                       intent; re-creating and providing a charter for the district; providing
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                         district boundaries; providing purposes; providing definitions; providing
                                                                             for the election of a district board of commissioners; providing for terms
  So the bill passed, as amended, and was immediately certified to the       of office; providing for officers and meetings of the board; providing for
Senate after engrossment.                                                    commissioners' compensation and expenses; requiring a bond; providing
                                                                             for records; providing general and special powers of the district;
   HB 1203—A bill to be entitled An act relating to the Acme                 exempting district assets and property from taxation; providing
Improvement District, Palm Beach County; amending chapter 2003-330,          requirements and procedures for the levy of ad valorem taxes, non-ad
Laws of Florida; amending boundaries of the district; transferring land      valorem assessments, user charges, and impact fees; providing for
from the Lake Worth Drainage District to the Acme Improvement                referenda; providing for enforcement; providing for requirements and
District; providing an effective date.                                       procedures for issuance of bonds; providing for expansion and merger of
                                                                             the district boundaries; providing for severability; providing an effective
   The Local Government Council recommended the following:                   date.

   HB 1203 CS—A bill to be entitled An act relating to the Acme                 The Finance & Tax Committee recommended the following:
Improvement District, Palm Beach County; providing for annexation of
specified area; transferring land from the Lake Worth Drainage District to      HB 1321 CS—A bill to be entitled An act relating to the Dorcas Fire
the Acme Improvement District; requiring a referendum; providing an          District, Okaloosa County; codifying the district's ordinances; providing
effective date.                                                              intent; re-creating and providing a charter for the district; providing
                                                                             district boundaries; providing purposes; providing definitions; providing
   —was read the second time by title. On motion by Rep. Bucher, the         for the election of a district board of commissioners; providing for terms
rules were waived and the bill was read the third time by title. On          of office; providing for officers and meetings of the board; providing for
passage, the vote was:                                                       commissioners' compensation and expenses; requiring a bond; providing
                                                                             for records; providing general and special powers of the district;
Session Vote Sequence: 230                                                   providing requirements and procedures for the levy of ad valorem taxes,
                                                                             non-ad valorem assessments, user charges, and impact fees; providing for
Speaker Bense in the Chair.                                                  referenda; providing for enforcement; providing for requirements and
                                                                             procedures for issuance of bonds; providing for expansion and merger of
Yeas—98                                                                      the district boundaries; providing for severability; providing an effective
                                                                             date.
Adams                   Bullard          Goldstein        Kyle
Allen                   Cannon           Goodlette        Legg                  —was read the second time by title. On motion by Rep. Brown, the
Altman                  Carroll          Gottlieb         Littlefield        rules were waived and the bill was read the third time by title. On
Ambler                  Cretul           Grant            Lopez-Cantera      passage, the vote was:
Anderson                Culp             Greenstein       Mayfield
Antone                  Davis, D.        Harrell          McInvale           Session Vote Sequence: 230
Ausley                  Davis, M.        Hasner           Meadows
Barreiro                Detert           Hays             Mealor             Speaker Bense in the Chair.
Bean                    Domino           Henriquez        Murzin
Bendross-Mindingall     Evers            Holloway         Negron             Yeas—98
Bense                   Farkas           Homan            Peterman
Benson                  Fields           Hukill           Pickens            Adams            Bean                     Brandenburg       Davis, D.
Berfield                Flores           Jennings         Poppell            Allen            Bendross-Mindingall      Brummer           Davis, M.
Bilirakis               Gannon           Johnson          Porth              Altman           Bense                    Bucher            Detert
Bogdanoff               Gardiner         Jordan           Proctor            Ambler           Benson                   Bullard           Domino
Bowen                   Gelber           Joyner           Quinones           Anderson         Berfield                 Cannon            Evers
Brandenburg             Gibson, A.       Kottkamp         Reagan             Antone           Bilirakis                Carroll           Farkas
Brummer                 Gibson, H.       Kravitz          Rice               Ausley           Bogdanoff                Cretul            Fields
Bucher                  Glorioso         Kreegel          Richardson         Barreiro         Bowen                    Culp              Flores
666                                    JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                     April 22, 2005


Gannon           Hukill                  Negron             Sands            Kreegel                 Peterman         Roberson          Stansel
Gardiner         Jennings                Peterman           Sansom           Kyle                    Pickens          Ross              Stargel
Gelber           Johnson                 Pickens            Seiler           Legg                    Poppell          Rubio             Taylor
Gibson, A.       Jordan                  Poppell            Simmons          Littlefield             Porth            Russell           Traviesa
Gibson, H.       Joyner                  Porth              Smith            Lopez-Cantera           Proctor          Ryan              Troutman
Glorioso         Kottkamp                Proctor            Sorensen         Mayfield                Quinones         Sands             Vana
Goldstein        Kravitz                 Quinones           Stansel          McInvale                Reagan           Sansom            Waters
Goodlette        Kreegel                 Reagan             Stargel          Meadows                 Rice             Seiler            Williams
Gottlieb         Kyle                    Rice               Taylor           Mealor                  Richardson       Simmons           Zapata
Grant            Legg                    Richardson         Traviesa         Murzin                  Rivera           Smith
Greenstein       Littlefield             Rivera             Troutman         Negron                  Robaina          Sorensen
Harrell          Lopez-Cantera           Robaina            Vana
Hasner           Mayfield                Roberson           Waters           Nays—None
Hays             McInvale                Ross               Williams
Henriquez        Meadows                 Rubio              Zapata           Votes after roll call:
Holloway         Mealor                  Russell                               Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
Homan            Murzin                  Ryan
                                                                               So the bill passed, as amended, and was immediately certified to the
Nays—None                                                                    Senate after engrossment.

Votes after roll call:                                                          HB 1381—A bill to be entitled An act relating to Lee County; creating
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                         the Sanibel Public Library District, an independent special district for
                                                                             public library purposes in the county; providing legislative intent;
  So the bill passed, as amended, and was immediately certified to the       providing a charter for the district; fixing boundaries of the district;
Senate after engrossment.                                                    providing powers; providing for a governing body, officers, budget and
                                                                             taxing authority, and indebtedness; providing for planning; providing for
   HB 1329—A bill to be entitled An act relating to the Tampa Port           construction and severability; providing for a referendum; providing an
Authority, Hillsborough County; amending chapter 95-488, Laws of             effective date.
Florida; providing definitions; revising provisions relating to membership
of and appointment to the port authority; revising provisions relating to       The Local Government Council recommended the following:
appointment of the port director and employment of other persons;
providing an effective date.                                                    HB 1381 CS—A bill to be entitled An act relating to Lee County;
                                                                             creating the Sanibel Public Library District, an independent special
   The Local Government Council recommended the following:                   district for public library purposes in the county; providing legislative
                                                                             intent; providing a charter for the district; fixing boundaries of the
   HB 1329 CS—A bill to be entitled An act relating to the Tampa Port        district; providing powers; providing for a governing body, officers,
Authority, Hillsborough County; amending chapter 95-488, Laws of             budget and taxing authority, and indebtedness; providing for planning;
Florida; providing definitions; revising provisions relating to membership   providing for construction and severability; providing for a referendum;
of and appointment to the port authority; revising provisions relating to    providing an effective date.
appointment of the port director and employment of other persons;
providing an effective date.                                                    —was read the second time by title. On motion by Rep. Kottkamp, the
                                                                             rules were waived and the bill was read the third time by title. On
   —was read the second time by title. On motion by Rep. Homan, the          passage, the vote was:
rules were waived and the bill was read the third time by title. On
passage, the vote was:                                                       Session Vote Sequence: 230

Session Vote Sequence: 230                                                   Speaker Bense in the Chair.

Speaker Bense in the Chair.                                                  Yeas—98

Yeas—98                                                                      Adams                   Brandenburg      Gannon          Homan
                                                                             Allen                   Brummer          Gardiner        Hukill
Adams                   Bogdanoff         Evers            Greenstein        Altman                  Bucher           Gelber          Jennings
Allen                   Bowen             Farkas           Harrell           Ambler                  Bullard          Gibson, A.      Johnson
Altman                  Brandenburg       Fields           Hasner            Anderson                Cannon           Gibson, H.      Jordan
Ambler                  Brummer           Flores           Hays              Antone                  Carroll          Glorioso        Joyner
Anderson                Bucher            Gannon           Henriquez         Ausley                  Cretul           Goldstein       Kottkamp
Antone                  Bullard           Gardiner         Holloway          Barreiro                Culp             Goodlette       Kravitz
Ausley                  Cannon            Gelber           Homan             Bean                    Davis, D.        Gottlieb        Kreegel
Barreiro                Carroll           Gibson, A.       Hukill            Bendross-Mindingall     Davis, M.        Grant           Kyle
Bean                    Cretul            Gibson, H.       Jennings          Bense                   Detert           Greenstein      Legg
Bendross-Mindingall     Culp              Glorioso         Johnson           Benson                  Domino           Harrell         Littlefield
Bense                   Davis, D.         Goldstein        Jordan            Berfield                Evers            Hasner          Lopez-Cantera
Benson                  Davis, M.         Goodlette        Joyner            Bilirakis               Farkas           Hays            Mayfield
Berfield                Detert            Gottlieb         Kottkamp          Bogdanoff               Fields           Henriquez       McInvale
Bilirakis               Domino            Grant            Kravitz           Bowen                   Flores           Holloway        Meadows
April 22, 2005                           JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                     667


Mealor                   Reagan            Ryan             Taylor             Bean                     Flores           Kottkamp           Robaina
Murzin                   Rice              Sands            Traviesa           Bendross-Mindingall      Gannon           Kravitz            Roberson
Negron                   Richardson        Sansom           Troutman           Bense                    Gardiner         Kreegel            Ross
Peterman                 Rivera            Seiler           Vana               Benson                   Gelber           Kyle               Rubio
Pickens                  Robaina           Simmons          Waters             Berfield                 Gibson, A.       Legg               Russell
Poppell                  Roberson          Smith            Williams           Bilirakis                Gibson, H.       Littlefield        Ryan
Porth                    Ross              Sorensen         Zapata             Bogdanoff                Glorioso         Lopez-Cantera      Sands
Proctor                  Rubio             Stansel                             Bowen                    Goldstein        Mayfield           Sansom
Quinones                 Russell           Stargel                             Brandenburg              Goodlette        McInvale           Seiler
                                                                               Brummer                  Gottlieb         Meadows            Simmons
Nays—None                                                                      Bucher                   Grant            Mealor             Smith
                                                                               Bullard                  Greenstein       Murzin             Sorensen
Votes after roll call:                                                         Cannon                   Harrell          Negron             Stansel
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                           Carroll                  Hasner           Peterman           Stargel
                                                                               Cretul                   Hays             Pickens            Taylor
  So the bill passed, as amended, and was immediately certified to the         Culp                     Henriquez        Poppell            Traviesa
Senate after engrossment.                                                      Davis, D.                Holloway         Porth              Troutman
                                                                               Davis, M.                Homan            Proctor            Vana
   HB 1419—A bill to be entitled An act relating to Indian River               Detert                   Hukill           Quinones           Waters
Mosquito Control District, Indian River County; codifying, amending,           Domino                   Jennings         Reagan             Williams
reenacting, and repealing special acts relating to the district; fixing and    Evers                    Johnson          Rice               Zapata
prescribing the boundaries of said district; providing for the government      Farkas                   Jordan           Richardson
and administration of the district; naming the commissioners thereof and       Fields                   Joyner           Rivera
providing for election of their successors; providing and defining the
powers and purposes of such district and of the board of commissioners         Nays—None
thereof; authorizing and empowering said board to construct and maintain
canals, ditches, drains, and dikes and to fill depressions, lakes, ponds, or   Votes after roll call:
marshes in order to eliminate breeding places of mosquitoes and sandflies        Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
and to control and eradicate mosquitoes and sandflies; providing for
spraying or otherwise disbursing substances and materials over the area           So the bill passed and was immediately certified to the Senate.
of such district for the purpose of controlling and eradicating mosquitoes
and sandflies and diseases transmitted by the same; authorizing said               HB 1421—A bill to be entitled An act relating to Indian River Farms
board to do any and all acts or things necessary for the control and           Water Control District, Indian River County; codifying, amending,
complete elimination of mosquitoes and sandflies in said district;             reenacting, and repealing special acts relating to the district; providing
authorizing and providing for the levy and collection of taxes upon all the    territorial boundaries of the district; making the provisions of ch. 298,
real and personal taxable property in said district for carrying out the       F.S., applicable thereto; providing for the levy, collection, and
purposes of this act; authorizing the borrowing by the board of                enforcement of installment and maintenance taxes by said district at the
commissioners of said district in any one tax year of a sum not to exceed      same time and in like manner as county taxes; providing that said taxes
80 percent of the estimated taxes to be collected on behalf of said district   shall be extended by the county on the county tax roll and shall be
within such year and to evidence the indebtedness represented by any           collected by the tax collector in the same manner and time as county
money so borrowed by written obligation of the district and providing for      taxes; providing for the same discounts and penalties as county taxes;
the payment of interest thereon and for the repayment thereof prior to the     providing for the compensation of the tax collector; providing that district
borrowing of any further sums in any subsequent year; limiting the             taxes shall be a lien on lands against which taxes are levied of equal
amount of taxes that may be so levied by said board upon the taxable           dignity with county and other taxes; providing that the approval of the
property within such district; prohibiting injury to any works controlled      board of drainage commissioners is not required to issue bonds;
under or in pursuance of this act, to be punishable as provided by general     providing for floating indebtedness of the district; providing that payment
law; legalizing and validating the acts of the Indian River Mosquito           of taxes in advance is not authorized; providing that use of bonds and
Control District herewith abolished and making all contracts of said           interest coupons in payment of taxes is not authorized; providing that
Indian River Mosquito Control District so abolished binding upon the           water is a common enemy; providing for compensation of the board of
new Indian River Mosquito Control District; authorizing and prescribing        supervisors; providing for fines for introducing pollutants into the waters
generally the powers and duties of the Board of Commissioners of said          of the district; providing for severability; providing an effective date.
new Indian River Mosquito Control District; providing for severability;
providing an effective date.                                                      The Local Government Council recommended the following:

   —was read the second time by title. On motion by Rep. Poppell, the              HB 1421 CS—A bill to be entitled An act relating to Indian River
rules were waived and the bill was read the third time by title. On            Farms Water Control District, Indian River County; codifying, amending,
passage, the vote was:                                                         reenacting, and repealing special acts relating to the district; providing
                                                                               territorial boundaries of the district; making the provisions of ch. 298,
Session Vote Sequence: 230                                                     F.S., applicable thereto; providing for the levy, collection, and
                                                                               enforcement of installment and maintenance taxes by said district at the
Speaker Bense in the Chair.                                                    same time and in like manner as county taxes; providing that said taxes
                                                                               shall be extended by the county on the county tax roll and shall be
Yeas—98                                                                        collected by the tax collector in the same manner and time as county
                                                                               taxes; providing for the same discounts and penalties as county taxes;
Adams                    Altman           Anderson           Ausley            providing for the compensation of the tax collector; providing that district
Allen                    Ambler           Antone             Barreiro          taxes shall be a lien on lands against which taxes are levied of equal
668                                     JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                     April 22, 2005


dignity with county and other taxes; providing that the approval of the       powers; providing for a referendum to expand territorial boundaries;
board of drainage commissioners is not required to issue bonds;               providing effective dates.
providing for floating indebtedness of the district; providing that payment
of taxes in advance is not authorized; providing that use of bonds and           —was read the second time by title. On motion by Rep. Machek, the
interest coupons in payment of taxes is not authorized; providing that        rules were waived and the bill was read the third time by title. On
water is a common enemy; providing for compensation of the board of           passage, the vote was:
supervisors; providing for fines for introducing pollutants into the waters
of the district; providing for severability; providing an effective date.     Session Vote Sequence: 230

   —was read the second time by title. On motion by Rep. Poppell, the         Speaker Bense in the Chair.
rules were waived and the bill was read the third time by title. On
passage, the vote was:                                                        Yeas—98

Session Vote Sequence: 230                                                    Adams                   Davis, M.        Jennings           Richardson
                                                                              Allen                   Detert           Johnson            Rivera
Speaker Bense in the Chair.                                                   Altman                  Domino           Jordan             Robaina
                                                                              Ambler                  Evers            Joyner             Roberson
Yeas—98                                                                       Anderson                Farkas           Kottkamp           Ross
                                                                              Antone                  Fields           Kravitz            Rubio
Adams                   Davis, M.        Jennings           Richardson        Ausley                  Flores           Kreegel            Russell
Allen                   Detert           Johnson            Rivera            Barreiro                Gannon           Kyle               Ryan
Altman                  Domino           Jordan             Robaina           Bean                    Gardiner         Legg               Sands
Ambler                  Evers            Joyner             Roberson          Bendross-Mindingall     Gelber           Littlefield        Sansom
Anderson                Farkas           Kottkamp           Ross              Bense                   Gibson, A.       Lopez-Cantera      Seiler
Antone                  Fields           Kravitz            Rubio             Benson                  Gibson, H.       Mayfield           Simmons
Ausley                  Flores           Kreegel            Russell           Berfield                Glorioso         McInvale           Smith
Barreiro                Gannon           Kyle               Ryan              Bilirakis               Goldstein        Meadows            Sorensen
Bean                    Gardiner         Legg               Sands             Bogdanoff               Goodlette        Mealor             Stansel
Bendross-Mindingall     Gelber           Littlefield        Sansom            Bowen                   Gottlieb         Murzin             Stargel
Bense                   Gibson, A.       Lopez-Cantera      Seiler            Brandenburg             Grant            Negron             Taylor
Benson                  Gibson, H.       Mayfield           Simmons           Brummer                 Greenstein       Peterman           Traviesa
Berfield                Glorioso         McInvale           Smith             Bucher                  Harrell          Pickens            Troutman
Bilirakis               Goldstein        Meadows            Sorensen          Bullard                 Hasner           Poppell            Vana
Bogdanoff               Goodlette        Mealor             Stansel           Cannon                  Hays             Porth              Waters
Bowen                   Gottlieb         Murzin             Stargel           Carroll                 Henriquez        Proctor            Williams
Brandenburg             Grant            Negron             Taylor            Cretul                  Holloway         Quinones           Zapata
Brummer                 Greenstein       Peterman           Traviesa          Culp                    Homan            Reagan
Bucher                  Harrell          Pickens            Troutman          Davis, D.               Hukill           Rice
Bullard                 Hasner           Poppell            Vana
Cannon                  Hays             Porth              Waters            Nays—None
Carroll                 Henriquez        Proctor            Williams
Cretul                  Holloway         Quinones           Zapata            Votes after roll call:
Culp                    Homan            Reagan                                 Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
Davis, D.               Hukill           Rice
                                                                                So the bill passed, as amended, and was immediately certified to the
Nays—None                                                                     Senate after engrossment.

Votes after roll call:                                                           HB 1677—A bill to be entitled An act relating to the Avalon Beach-
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel                          Mulat Fire Protection District, Santa Rosa County; codifying, amending,
                                                                              reenacting, and repealing the special acts pertaining to the Avalon Beach-
  So the bill passed, as amended, and was immediately certified to the        Mulat Fire Protection District; providing definitions; requiring the board
Senate after engrossment.                                                     to make annual reports; repealing chapters 80-608, 82-378, 82-379, and
                                                                              91-392, Laws of Florida; providing an effective date.
   HB 1433—A bill to be entitled An act relating to the Hobe-St. Lucie
Conservancy District, Martin County; codifying, amending, reenacting,            The Finance & Tax Committee recommended the following:
and repealing chapter 88-514, Laws of Florida, relating to the district;
providing legislative intent; providing boundaries; providing powers;            HB 1677 CS—A bill to be entitled An act relating to the Avalon
providing for a referendum to expand territorial boundaries; providing        Beach-Mulat Fire Protection District, Santa Rosa County; codifying,
effective dates.                                                              amending, reenacting, and repealing the special acts pertaining to the
                                                                              Avalon Beach-Mulat Fire Protection District; providing definitions;
   The Local Government Council recommended the following:                    requiring the board to make annual reports; repealing chapters 80-608,
                                                                              82-378, 82-379, and 91-392, Laws of Florida; providing an effective date.
   HB 1433 CS—A bill to be entitled An act relating to the Hobe-St.
Lucie Conservancy District, Martin County; codifying, amending,                  —was read the second time by title. On motion by Rep. Evers, the
reenacting, and repealing chapter 88-514, Laws of Florida, relating to the    rules were waived and the bill was read the third time by title. On
district; providing legislative intent; providing boundaries; providing       passage, the vote was:
April 22, 2005                          JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                669


Session Vote Sequence: 230                                                    Yeas—98

Speaker Bense in the Chair.                                                   Adams                   Davis, M.       Jennings         Richardson
                                                                              Allen                   Detert          Johnson          Rivera
Yeas—98                                                                       Altman                  Domino          Jordan           Robaina
                                                                              Ambler                  Evers           Joyner           Roberson
Adams                   Davis, M.        Jennings           Richardson        Anderson                Farkas          Kottkamp         Ross
Allen                   Detert           Johnson            Rivera            Antone                  Fields          Kravitz          Rubio
Altman                  Domino           Jordan             Robaina           Ausley                  Flores          Kreegel          Russell
Ambler                  Evers            Joyner             Roberson          Barreiro                Gannon          Kyle             Ryan
Anderson                Farkas           Kottkamp           Ross              Bean                    Gardiner        Legg             Sands
Antone                  Fields           Kravitz            Rubio             Bendross-Mindingall     Gelber          Littlefield      Sansom
Ausley                  Flores           Kreegel            Russell           Bense                   Gibson, A.      Lopez-Cantera    Seiler
Barreiro                Gannon           Kyle               Ryan              Benson                  Gibson, H.      Mayfield         Simmons
Bean                    Gardiner         Legg               Sands             Berfield                Glorioso        McInvale         Smith
Bendross-Mindingall     Gelber           Littlefield        Sansom            Bilirakis               Goldstein       Meadows          Sorensen
Bense                   Gibson, A.       Lopez-Cantera      Seiler            Bogdanoff               Goodlette       Mealor           Stansel
Benson                  Gibson, H.       Mayfield           Simmons           Bowen                   Gottlieb        Murzin           Stargel
Berfield                Glorioso         McInvale           Smith             Brandenburg             Grant           Negron           Taylor
Bilirakis               Goldstein        Meadows            Sorensen          Brummer                 Greenstein      Peterman         Traviesa
Bogdanoff               Goodlette        Mealor             Stansel           Bucher                  Harrell         Pickens          Troutman
Bowen                   Gottlieb         Murzin             Stargel           Bullard                 Hasner          Poppell          Vana
Brandenburg             Grant            Negron             Taylor            Cannon                  Hays            Porth            Waters
Brummer                 Greenstein       Peterman           Traviesa          Carroll                 Henriquez       Proctor          Williams
Bucher                  Harrell          Pickens            Troutman          Cretul                  Holloway        Quinones         Zapata
Bullard                 Hasner           Poppell            Vana              Culp                    Homan           Reagan
Cannon                  Hays             Porth              Waters            Davis, D.               Hukill          Rice
Carroll                 Henriquez        Proctor            Williams
Cretul                  Holloway         Quinones           Zapata            Nays—None
Culp                    Homan            Reagan
Davis, D.               Hukill           Rice                                 Votes after roll call:
                                                                                Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel
Nays—None
                                                                                So the bill passed, as amended, and was immediately certified to the
Votes after roll call:                                                        Senate after engrossment.
  Yeas—Clarke, Grimsley, Needelman, Patterson, Sobel

  So the bill passed, as amended, and was immediately certified to the        Motion to Adjourn
Senate after engrossment.
                                                                                 Rep. Rubio moved that the House adjourn for the purpose of receiving
   HB 1705—A bill to be entitled An act relating to Lake County;              reports, holding council and committee meetings, and conducting other
amending chapter 93-358, Laws of Florida; revising provisions governing       House business, to reconvene at 11:30 a.m., Tuesday, April 26, or upon
career service with the Lake County Sheriff's Office; revising definitions;   call of the Chair. The motion was agreed to.
deleting provisions relating to the establishment of divisions within the
office; providing effect of voluntary and involuntary termination of          Messages from the Senate
employment on career service status; authorizing demotion of certain
employees without cause; providing an effective date.                         First Reading by Publication
   The Governmental        Operations   Committee     recommended      the
                                                                              The Honorable Allan Bense, Speaker
following:

   HB 1705 CS—A bill to be entitled An act relating to Lake County;              I am directed to inform the House of Representatives that the Senate
amending chapter 93-358, Laws of Florida; revising provisions governing       has passed SB 450, as amended, and requests the concurrence of the
career service with the Lake County Sheriff's Office; revising definitions;   House.
deleting provisions relating to the establishment of divisions within the
office; providing effect of voluntary and involuntary termination of                                                      Faye W. Blanton, Secretary
employment on career service status; authorizing demotion of certain
employees without cause; providing an effective date.                            By Senator Geller—

   —was read the second time by title. On motion by Rep. H. Gibson, the          SB 450—A bill to be entitled An act relating to unfair insurance
rules were waived and the bill was read the third time by title. On           practices; amending s. 626.9541, F.S.; providing that certain rate
passage, the vote was:                                                        increases for motor vehicle insurance for insureds on active military
                                                                              service, and their covered dependents, constitute unfair practices;
Session Vote Sequence: 230                                                    providing penalties; providing an effective date.

Speaker Bense in the Chair.                                                      Referred to the Calendar of the House.
670                                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                      April 22, 2005


The Honorable Allan Bense, Speaker                                              has passed CS for CS for SB 1146, as amended, and requests the
                                                                                concurrence of the House.
   I am directed to inform the House of Representatives that the Senate
has passed CS for SB 660, as amended, and requests the concurrence of                                                         Faye W. Blanton, Secretary
the House.
                                                                                  By the Committees on General Government Appropriations,
                                                Faye W. Blanton, Secretary      Governmental Oversight and Productivity and Senators Argenziano and
                                                                                Dockery—
   By the Committee on Banking and Insurance and Senator Carlton—
                                                                                   CS for CS for SB 1146—A bill to be entitled An act relating to
    CS for SB 660—A bill to be entitled An act relating to assets held in       purchasing and procurement; providing definitions; authorizing the
benefit plans; amending s. 222.21, F.S.; exempting certain tax-exempt           Department of Management Services to establish the Center for Efficient
funds or accounts from legal process in favor of creditors; amending s.         Government; providing for the powers and duties of the center;
222.22, F.S.; exempting from legal process in favor of creditors or other       prescribing duties of a state agency before a service may be outsourced;
claimants assets held in qualified tuition programs, in certain health          requiring agencies to do a business case analysis; specifying the
savings accounts and medical savings accounts, in Coverdell education           requirements for the analysis; requiring that an agency submit the
savings accounts, or in hurricane savings accounts; defining the term           proposed business case with the agency's legislative budget request;
"hurricane savings account"; amending s. 710.102, F.S.; redefining the          prescribing the process for approval if the outsourcing is not included in
term "benefit plan," and defining the term "qualified minor's trust," as        the agency's approved operating budget; prohibiting an agency from
used in the Florida Uniform Transfers to Minors Act; amending s.                privatizing a service without specific legislative authorization;
710.104, F.S.; including benefit plans in the types of property that a          prescribing contract requirements for a contract that meets or exceeds a
custodian may be named to receive on behalf of a minor; amending s.             specified threshold amount; authorizing a contract to include certain
710.108, F.S.; allowing a benefit plan to be transferred to a custodian of a    incentives; providing requirements for a contract that exceeds $1 million
minor who does not have a conservator by an obligor of the minor;               in value; providing a process for a state agency to submit to the Executive
amending s. 710.116, F.S.; allowing a minor's custodian, without court          Office of the Governor certain contract amendments for approval;
order, to transfer custodial property to a qualified minor's trust; providing   requiring approval of the Administration Commission under certain
implications of the transfer; amending s. 733.808, F.S.; providing for the      circumstances; creating s. 215.4211, F.S.; authorizing the Chief Financial
disposition of benefits under a benefit plan after the death of an owner of     Officer to review contracts for state agencies; repealing s. 14.203, F.S.,
or participant in the plan; amending s. 744.301, F.S.; providing for the        relating to the State Council on Competitive Government; providing
parents or natural guardians of a minor child to collect, receive, manage,      appropriations and authorizing positions; providing restrictions on
and dispose of and make elections regarding the proceeds of an annuity          contractor supervision of state employees; providing restrictions on
contract payable to a minor child or of a benefit plan of which the minor       contractor involvement in state procurement; providing an effective date.
is a beneficiary, participant, or owner, without appointment, authority, or
bond, if the proceeds equal less than a specified maximum amount;                  Referred to the Calendar of the House.
providing a conditional effective date and an effective date.
                                                                                Votes After Roll Call
   Referred to the Calendar of the House.
                                                                                [Date(s) of Vote(s) and Sequence Number(s)]
The Honorable Allan Bense, Speaker
                                                                                Rep. Evers:
   I am directed to inform the House of Representatives that the Senate
has passed SB 868, as amended, and requests the concurrence of the                 Yeas—April 20: 182
House.
                                                                                Rep. Richardson:
                                                Faye W. Blanton, Secretary
                                                                                   Nays—April 7: 119
   By Senator Dockery—
                                                                                   Nays to Yeas—April 7: 97
   SB 868—A bill to be entitled An act relating to installations honoring
military veterans and their families; providing a short title; providing        Cosponsors
purpose; authorizing the Department of Transportation to contract with a
not-for-profit group or organization for the installation of plaques,           HB 21—Bullard
markers, monuments, memorials, or various retired military equipment at
rest stops; providing for a committee to approve proposals for the              HB 69—Farkas
contracts; providing for membership and terms of members of the
committee; requiring approval by the committee for such contracts;              HB 119—Garcia
providing conditions for approval; providing that the group or
organization shall be responsible for costs; requiring that the group or        HB 135—Cannon, Cretul
organization provide a bond to secure certain costs; providing an
effective date.                                                                 HB 207—Cannon

   Referred to the Calendar of the House.                                       HB 257—Zapata

The Honorable Allan Bense, Speaker                                              HB 261—Allen

   I am directed to inform the House of Representatives that the Senate         HB 263—Bullard
April 22, 2005                      JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                                 671


HB 285—Cannon                                                        First reading by publication (Art. III, s. 7, Florida Constitution).

HB 341—Cannon                                                        By Representative Negron—

HB 355—Cannon                                                       HR 9185—A resolution designating September 2005 as "Take Your
                                                                  Dad to School Month" in Florida.
HB 411—Grimsley
                                                                     First reading by publication (Art. III, s. 7, Florida Constitution).
HB 451—Stansel
                                                                  House Resolutions Adopted by Publication
HB 481—Rice
                                                                     At the request of Rep. Rice—
HB 525—Bendross-Mindingall
                                                                    HR 9157—A resolution honoring Stetson University College of Law,
HB 527—Cusack                                                     winner of the Willem C. Vis International Commercial Arbitration Moot.

HB 545—Porth                                                          WHEREAS, designed to be a multifaceted educational program in the
                                                                  form of a competition, the Willem C. Vis International Commercial Moot
HB 569—Cannon                                                     is in its 12th year as the world's largest gathering of law schools in one
                                                                  place for such an event, as well as the largest involving international law,
HB 621—Allen                                                      and
                                                                      WHEREAS, Stetson University College of Law, on March 18-24,
HB 913—Homan                                                      2005, in Vienna, Austria, became the first American law school since
                                                                  1996 to win the Willem C. Vis International Commercial Arbitration
HB 1019—Cannon, Carroll                                           Moot and thereupon to receive the prestigious Frederic Eisemann Award,
                                                                  and
HB 1025—Homan                                                         WHEREAS, the best and brightest in international commercial law
                                                                  and arbitration gathered to judge 151 law schools from 47 countries,
HB 1131—Allen                                                     including Stetson's championship team, which consisted of students
                                                                  Katherine Hurst, Ryan Jones, Megan Schultz, Burks Smith, and Tom
HB 1263—Farkas                                                    Yaegers, assisted by Kathryn Christian on the memoranda and coached
                                                                  by Professors Jack Graves and Stephanie Vaughan, and
HB 1475—Allen                                                         WHEREAS, working together "in perfect harmony," the Stetson team
                                                                  defeated the University of Vienna in the final round after having won
                                                                  earlier elimination rounds against Columbia University, the National
HB 1627—Galvano, Williams
                                                                  University of Singapore, Queen's University of Canada, and the
                                                                  University of Notre Dame of Australia, and
HB 1681—Kendrick
                                                                      WHEREAS, in view of the sterling performance of the winning team
                                                                  of the 2005 "Arbitral Moot," it becomes clearer as to why Stetson
HB 1701—Brandenburg, Sands
                                                                  University College of Law is consistently ranked as one of the top
                                                                  advocacy law schools in the nation, NOW, THEREFORE,
HB 1703—Brandenburg, Sands
                                                                  Be It Resolved by the House of Representatives of the State of Florida:
HJR 1723—Cannon, Cretul, Traviesa
                                                                     That the championship team of the 2005 Willem C. Vis International
HJR 1727—Cannon, Traviesa                                         Commercial Arbitration Moot is congratulated upon its remarkable
                                                                  victory, and the members of the team are commended for their
HB 1739—Carroll                                                   outstanding accomplishments and are extended sincere thanks for the
                                                                  honor and prestige they have brought to their university, their state, and
HJR 1741—Cannon, Traviesa                                         their nation.
                                                                     BE IT FURTHER RESOLVED that a copy of this resolution be
HB 1797—Carroll                                                   presented to each member and coach of the 2005 championship team of
                                                                  the Willem C. Vis International Arbitration Moot as a tangible token of
HB 1867—Cannon                                                    the sentiments expressed herein.

HB 1877—Greenstein, Sands, Seiler                                    —was read and adopted by publication pursuant to Rule 10.16.

HB 1931—Cannon, Grimsley, Homan                                   Reports of Councils and Standing Committees
Introduction and Reference                                        Received April 21:

  By Representative Richardson—                                      The State Infrastructure Council reported the following favorably:
                                                                     HB 261
   HR 9183—A resolution commending the East Gadsden High School
Junior Reserve Officers' Training Corps.                             The above bill was placed on the Calendar of the House.
672                                   JOURNAL OF THE HOUSE OF REPRESENTATIVES                                               April 22, 2005


  The State Infrastructure Council reported the following favorably:      HB 317
  HB 603
                                                                          The above bill was placed on the Calendar of the House.
  The above bill was placed on the Calendar of the House.
                                                                          The Justice Council reported the following favorably:
  The State Infrastructure Council reported the following favorably:      HB 375
  HB 609
                                                                          The above bill was placed on the Calendar of the House.
  The above bill was placed on the Calendar of the House.
                                                                          The Commerce Council reported the following favorably:
  The Local Government Council reported the following favorably:          HB 381
  HB 675 with council substitute.
                                                                          The above bill was placed on the Calendar of the House.
   The above bill was transmitted to the next council or committee of
reference, the Commerce Council, subject to review under Rule 6.3.        The Commerce Council reported the following favorably:
                                                                          HB 501 with council substitute.
  The State Infrastructure Council reported the following favorably:
  HB 993                                                                   The above bill was placed on the Calendar of the House, subject to
                                                                        review under Rule 6.3.
  The above bill was placed on the Calendar of the House.
                                                                          The State Administration Council reported the following favorably:
  The State Infrastructure Council reported the following favorably:      HB 509 with council substitute.
  HB 1131
                                                                           The above bill was placed on the Calendar of the House, subject to
  The above bill was placed on the Calendar of the House.               review under Rule 6.3.

  The State Infrastructure Council reported the following favorably:      The Justice Council reported the following favorably:
  HB 1411                                                                 HB 583

  The above bill was placed on the Calendar of the House.                 The above bill was placed on the Calendar of the House.

  The State Infrastructure Council reported the following favorably:      The Commerce Council reported the following favorably:
  HB 1495                                                                 HB 659

  The above bill was placed on the Calendar of the House.                 The above bill was placed on the Calendar of the House.

  The State Infrastructure Council reported the following favorably:      The Commerce Council reported the following favorably:
  HB 1701                                                                 HB 751 with council substitute.

  The above bill was placed on the Calendar of the House.                  The above bill was placed on the Calendar of the House, subject to
                                                                        review under Rule 6.3.
  The State Infrastructure Council reported the following favorably:
  HB 1703                                                                 The Justice Council reported the following favorably:
                                                                          HB 785
  The above bill was placed on the Calendar of the House.
                                                                          The above bill was placed on the Calendar of the House.
Received April 22:
                                                                          The Justice Council reported the following favorably:
  The Justice Council reported the following favorably:                   HB 919
  HB 7
                                                                          The above bill was placed on the Calendar of the House.
  The above bill was placed on the Calendar of the House.
                                                                          The Justice Council reported the following favorably:
  The Commerce Council reported the following favorably:                  HB 1071
  HB 15 with council substitute.
                                                                          The above bill was placed on the Calendar of the House.
   The above bill was placed on the Calendar of the House, subject to
review under Rule 6.3.                                                    The Commerce Council reported the following favorably:
                                                                          HB 1081
  The Commerce Council reported the following favorably:
  HB 153 with council substitute.                                         The above bill was placed on the Calendar of the House.

   The above bill was placed on the Calendar of the House, subject to     The State Resources Council reported the following favorably:
review under Rule 6.3.                                                    HB 1083 with council substitute.

  The Justice Council reported the following favorably:                   The above bill was placed on the Calendar of the House, subject to
April 22, 2005                         JOURNAL OF THE HOUSE OF REPRESENTATIVES                                                             673


review under Rule 6.3.                                                     The State Administration Council reported the following favorably:
                                                                           HB 1747 with council substitute.
   The State Resources Council reported the following favorably:
   HB 1141 with council substitute.                                        The above bill was placed on the Calendar of the House, subject to
                                                                        review under Rule 6.3.
   The above bill was placed on the Calendar of the House, subject to
review under Rule 6.3.
                                                                           The State Resources Council reported the following favorably:
   The Commerce Council reported the following favorably:                  HB 1795 with council substitute.
   HB 1149
                                                                           The above bill was placed on the Calendar of the House, subject to
   The above bill was placed on the Calendar of the House.              review under Rule 6.3.

   The Justice Council reported the following favorably:                   The Justice Council reported the following favorably:
   HB 1347                                                                 HB 1915

   The above bill was placed on the Calendar of the House.                 The above bill was placed on the Calendar of the House.
   The Justice Council reported the following favorably:
   HB 1387                                                              Excused

   The above bill was placed on the Calendar of the House.                 Reps. Brutus, Slosberg, Sobel

   The State Resources Council reported the following favorably:           The following Conference Committee Managers were excused from
   HB 1395 with council substitute.                                     time to time:

   The above bill was placed on the Calendar of the House, subject to       SB 2600 and related legislation: Rep. Negron, Chair; Rep. Mahon,
review under Rule 6.3.                                                  Vice Chair; Full Committee—At Large: Reps. Gardiner, Waters, Rubio,
                                                                        Bowen, Simmons, Brummer, Goodlette, Greenstein, Jennings, and Ryan;
   The State Resources Council reported the following favorably:        Agriculture & Environment—Rep. Mayfield, Chair, and Reps. Evers,
   HB 1445 with council substitute.                                     Brown, Kendrick, Stansel, Poppell, Littlefield, and Machek (alternate);
                                                                        Education—Rep. Pickens, Chair, and Reps. Rivera, Attkisson, Baxley,
   The above bill was placed on the Calendar of the House, subject to   Flores, Sansom, Arza, Mealor, Vana, Bendross-Mindingall, Richardson,
review under Rule 6.3.                                                  Justice (alternate), and Altman (alternate); Health Care—Rep. Bean,
                                                                        Chair, and Reps. Benson, Murzin, Cannon, Galvano, Garcia, Farkas,
   The Commerce Council reported the following favorably:               Roberson, Gannon, Bilirakis (alternate), Hays (alternate), and Sobel
   HB 1545                                                              (alternate); Justice—Rep. Barreiro, Chair, and Reps. Needelman,
                                                                        Kottkamp, Planas, Adams, Hasner, Seiler, Joyner, Clarke (alternate), and
   The above bill was placed on the Calendar of the House.              Gelber (alternate); State Administration—Rep. Berfield, Chair, and Reps.
                                                                        Troutman, Carroll, Quinones, Reagan, Sands, A. Gibson, and Patterson
   The Justice Council reported the following favorably:                (alternate); Transportation & Economic Development—Rep. D. Davis,
   HB 1593                                                              Chair, and Reps. Llorente, Bogdanoff, M. Davis, Traviesa, Kravitz,
                                                                        Cusack, Ausley, McInvale (alternate), and Allen (alternate).
   The above bill was placed on the Calendar of the House.

   The Commerce Council reported the following favorably:               Adjourned
   HB 1725 with council substitute.
                                                                           Pursuant to the motion previously agreed to, the House adjourned at
   The above bill was placed on the Calendar of the House, subject to   1:22 p.m., to reconvene at 11:30 a.m., Tuesday, April 26, or upon call of
review under Rule 6.3.                                                  the Chair.

				
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